reglab/housing_qa huggingface dataset:
WV Code § 8-9-3 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 9. Proceedings of Governing Bodies|§8-9-3. Governing Body to Keep Records; Minutes of Proceedings; Voting

The governing body of a municipality shall keep an accurate record of all of its proceedings, ordinances, orders, bylaws, acts, resolutions and rules which shall be indexed and open to inspection.At each meeting of the governing body, a journal of the proceedings of the last meeting shall be read, and corrected, if erroneous, and signed by the presiding officer: Provided, That the reading of the journal of the proceedings of the last meeting may be dispensed with by majority vote of the governing body if the members have received and examined a copy or synopsis of the journal prior to the meeting at which the journal is signed. Any member may request the yeas and nays be taken on any question and recorded in the journal.
WV Code § 8-9-4 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 9. Proceedings of Governing Bodies|§8-9-4. Reporting of Fraud and Misappropriation of Funds

(a) Whenever a governing body of a municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter, obtains information that an employee, officer or member of municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, municipality, or any of a municipality’s board, committee, or any other entity authorized in this chapter shall timely report such information or allegation in writing to the county prosecutor’s office.(b) The reporting of such information under subsection (a) of this section shall not prevent, relieve or replace a report to a law-enforcement agency, if appropriate or warranted.
WV Code § 8-10-1a (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 10. Powers and Duties of Certain Officers|§8-10-1a. Authority to Hire Special Counsel; Consent to Other Representation

Notwithstanding any charter provision to the contrary, the governing body of every municipality shall have plenary power and authority by ordinance to authorize the mayor to employ within the limit of funds available for such purpose, in lieu of or in addition to the municipal attorney or municipal solicitor and any assistant municipal attorneys or assistant municipal solicitors, an attorney or firm of attorneys as special municipal counsel to represent the municipality in connection with any legal matter or matters. The ordinance authorizing such employment shall be the consent on behalf of the municipality to such attorney or firm of attorneys to represent other clients in other legal matters involving such municipality, but at the time of representation of any such other client in any such other legal matter in controversy directly involving such municipality, such attorney or firm of attorneys shall file with the recorder as a public record a statement of disclosure identifying such other client and the nature of the matter in controversy directly involving such municipality.
WV Code § 8-10-1b (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 10. Powers and Duties of Certain Officers|§8-10-1b. Authority to Appoint Police Chief; Reinstating to Previous Rank

(a) Unless otherwise provided by charter, the mayor of a Class III city or Class IV town or village that has a paid police department that is not subject to the civil services provisions set out in article fourteen of this chapter, may appoint a chief of police.(b) A Class III city or Class IV town or village may provide by ordinance whether the individual appointed chief of police who held a position as a member of the paid police department prior to his or her appointment as chief of police shall be reinstated to the officer's previous rank following his or her term as chief of police.
WV Code § 8-10-2a (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 10. Powers and Duties of Certain Officers|§8-10-2a. Payment of Fines by Electronic Payments, Credit Cards, Cash, Money Orders, or Certified Checks

A municipal court may accept electronic payments, credit cards, cash, money order, or certified checks for all costs, fines, forfeitures, restitution, or penalties electronically, by mail, or in person. Any charges made by the credit company shall be paid by the person responsible for paying the cost, fine, fee, restitution, or penalty.
WV Code § 8-10-3 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 10. Powers and Duties of Certain Officers|§8-10-3. Powers and Duties of Recorder

§8-10-3. Powers and duties of recorder.It shall be the duty of the recorder of every municipality to keep the journal of the proceedings of the governing body thereof, and he shall have charge of and preserve the records of the municipality. Unless otherwise provided by charter provision or general law, whenever the mayor is unable because of illness or absence from the municipality to perform the duties of his office, and during any vacancy in the office of mayor, the recorder shall perform the duties of the mayor and be invested with all of his power and authority.
WV Code § 8-10-4 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 10. Powers and Duties of Certain Officers|§8-10-4. Powers and Duties of Recorder or Clerk Relating to Warrants, Oaths, Sureties and Bonds

Any municipality may provide by charter provision and ordinance, or notwithstanding a charter provision to the contrary, a municipality may provide by ordinance, that the governing body may vest in the recorder, assistant recorder, municipal clerk or deputy municipal clerk, the authority to issue warrants for arrest, to administer oaths, and to accept and approve sureties and bonds, and any such ordinance shall provide for the appointment of such person by confirmation of the governing body and for the removal of such authority by action of the governing body: Provided, That such person may only issue warrants, administer oaths, or accept and approve sureties and bonds, in the absence of the mayor, or if there be a police court or municipal judge, in the absence of such police court or municipal judge.
WV Code § 8-11-1a (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures|§8-11-1a. Disposition of Criminal Costs Into State Treasury Account for Regional Jail and Correctional Facility Authority Fund

The clerk of each municipal court, or other person designated to receive fines and costs, shall at the end of each month pay into the Regional Jail and Correctional Facility Authority fund in the State Treasury an amount equal to $40 of the costs collected in each proceeding involving a traffic offense constituting a moving violation, regardless of whether the penalty for the violation provides for a period of incarceration, or any other offense for which the ordinance prescribing the offense provides for a period of incarceration: Provided, That in a case where a defendant has failed to pay all costs assessed against him or her, no payment may be made to the Regional Jail and Correctional Facility Authority fund until the defendant has paid all costs which, when paid, are available for the use and benefit of the municipality.
WV Code § 8-11-1b (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures|§8-11-1b. Additional Costs in Certain Criminal Proceedings

In each criminal case before a mayor or in the municipal court of a municipality in which the defendant is convicted, whether by plea or at trial, under the provisions of a municipal ordinance which has the same elements as an offense described in section two, article five, chapter seventeen-c of this code or section eighteen-b, article seven, chapter twenty of this code, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, costs in the amount of $55. The clerk of each municipal court, or other person designated to receive fines and costs, shall, for purposes of further defraying the cost to the municipality of enforcing the provisions of the ordinance or ordinances described in this section and related provisions, deposit these moneys in the General Revenue Fund of the municipality. The provisions of this section shall be effective after June 30, 2004.
WV Code § 8-11-2 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures|§8-11-2. Validity of Ordinances Delegating Discretion

The fact that an ordinance vests in the governing body or some other body or officer a discretion to do, or refuse to do, a given thing, shall not invalidate such ordinance when it would be impracticable to lay down by ordinance for all cases a uniform guide for exercising such discretion. This section shall not be construed to mean that a delegation of discretion in any other case shall necessarily invalidate an ordinance. However, if, in any case, a delegated discretion is exercised in an arbitrary or discriminatory manner, such ordinance, as so applied, shall be unlawful and void.
WV Code § 8-11-3 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures|§8-11-3. Cases Requiring Enactment of Ordinance

In the following enumerated cases, the action of a governing body shall, except where otherwise provided in this code, be by ordinance:(1) Levying taxes or providing for the collection of fees of any kind;(2) Requiring a license to do business;(3) Relating to offenses and penalties;(4) Authorizing the issuance of bonds or other forms of indebtedness;(5) Providing for a public improvement;(6) Providing for the purchase of private property by the municipality or for the sale of property belonging to the municipality;(7) Laying out or vacating a public street, avenue, road, alley or way;(8) Relating to planning and zoning;(9) Granting franchises to public utilities;(10) Providing for a contractual or other agreement with another jurisdiction; and(11) Relating to such other matters as the charter may require.The action of a governing body shall also be by ordinance in any other case in which an ordinance is required by the provisions of this code.
WV Code § 8-11-5 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 11. Powers and Duties With Respect to Ordinances and Ordinance Procedures|§8-11-5. Prejudgment Alternative Disposition of Certain Traffic Offenses

(a) Municipal courts are hereby authorized to establish a prejudgment alternative disposition procedure for traffic offenses over which the court has jurisdiction.(b) Under a prejudgment disposition procedure authorized by subsection (a) of this section, if a person is found guilty of a traffic offense, the municipal court may, with the person's consent, withhold for a reasonable time not to exceed one hundred eighty days the entry of a judgment of conviction so that the person may attend a driver safety education course designated by the municipal court. If the person attends said course, the municipal court, if satisfied with the person's participation in the course, shall, without entering a judgment of conviction, dismiss the proceeding against the person.(c) It shall be a condition of any prejudgment alternative disposition authorized by the provisions of this section that the person pay any fine assessed by the court and pay all fees and costs required to be paid by any provision of this code where a person is convicted of a criminal traffic offense. No municipal court shall utilize any prejudgment alternative disposition procedure unless it collects such fees and costs as are required by any provision of this code and transmits the moneys collected as required by law. No municipal court shall utilize any prejudgment alternative disposition procedure unless it conforms with the requirements of this section.(d) The procedure authorized by the provisions of this section shall not be available to any person who:(1) Holds a commercial driver's license issued by this state in accordance with chapter seventeen-e of this code, or who holds a commercial driver's license issued by any other state or jurisdiction;(2) Is arrested while operating a commercial motor vehicle as defined in chapter seventeen-e of this code; or(3) Is arrested for driving under the influence of alcohol or drugs or any other offense for which a mandatory period of confinement in jail is required.
WV Code § 8-12-1 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-1. General Corporate Powers of All Municipalities

§8-12-1. General corporate powers of all municipalities.Except as otherwise provided in this chapter, every municipality shall have plenary power and authority:(1) To have and use a common seal;(2) To contract and be contracted with;(3) To institute, maintain and defend any civil action or other proceeding in any court;(4) To take, purchase, hold and lease as lessee (on an annual fiscal year basis where tax revenues are to be used to make the rental payments required under any such lease, with or without an option to renew such lease each year for another such period), for any municipal purpose, real or personal property within or without the corporate limits of the municipality, and to acquire by condemnation real or personal property within or without the corporate limits of the municipality for the purposes set forth in and in accordance with the provisions of chapter fifty-four of this code, subject, however, to any limitations or qualifications set forth in this chapter eight; and(5) To take by gift, donation, grant, bequest or devise and to hold and administer, real or personal property within or without the corporate limits of the municipality, absolutely, in trust or otherwise, for any public, charitable or municipal purpose, and to do all things necessary, useful, convenient or incidental to carry out the purpose of such gift, donation, grant, bequest, devise or trust, and to manage, sell, lease or otherwise dispose of the same in accordance with such terms and conditions as may be prescribed by the donor, grantor or testator and accepted by the municipality.
WV Code § 8-12-3 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-3. Creation by Charter Provision of Certain Independent City Boards

In selecting or changing to a form of government based on any of the four plans set forth in section two, article three of this chapter, a city may by charter provision withdraw from the governing body and administrative authority of the city the municipal powers and authority and duties pertaining to a city gas system, city electric system, any municipal public works in accordance with the provisions of article sixteen of this chapter, a city waterworks system in accordance with the provisions of article nineteen of this chapter, a city sewage treatment and disposal works, or a combined city waterworks and sewerage system in accordance with the provisions of article twenty of this chapter, or any combination of the foregoing, and confer such powers and authority and duties upon one or more independent boards created by charter provision, whose members shall be elected by the qualified voters of the city, or appointed, in the manner provided by charter provision. Unless and until abolished by other charter provision, such board or boards so created shall have complete and exclusive jurisdiction of the exercise and discharge of the municipal powers and authority and duties so conferred upon it or them, independent of control by the governing body and administrative authority of the city. Such boards shall have the powers and authority and perform the duties conferred and required by general law.The provisions of this section shall be construed as conferring additional powers and authority upon cities, and shall not be construed as affecting any powers and authority heretofore conferred upon any city by general, special or local law or by special legislative charter, or parts thereof; however, whenever a board is established by charter provision in accordance with the provisions of this section in connection with a municipal public works, a city waterworks system, or combined city waterworks and sewerage system, as aforesaid, such board shall act in lieu of the governing body of the city with respect thereto, and the provisions of said articles sixteen, nineteen and twenty of this chapter authorizing the establishment of a board with respect to any such public works, waterworks system or combined waterworks and sewerage system shall not be applicable.
WV Code § 8-12-3a (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-3a. Cities Authorized to Create Department of Development and Transfer Planning Functions of Certain Independent Agencies to Such Department; Authorizing Related Ordinances and Resolutions

(a) In extension of the power and authority set forth in section two of this article and notwithstanding any provision of this code or any charter provision to the contrary, any city shall have plenary power and authority by charter provision or ordinance to establish a department of development for such city and to transfer to such department (1) all or any limited part of the planning functions of such city's housing authority, as provided for in article fifteen, chapter sixteen of this code; (2) all or any limited part of the planning functions of such city's urban renewal authority, as provided for in article eighteen, chapter sixteen of this code; (3) all or any limited part of the planning functions of such city's planning commission, as provided for in article twenty-four of this chapter; and (4) all or any limited part of the powers, privileges, rights, duties, responsibilities and obligations related to such planning functions.(b) Any city adopting any such charter provision or ordinance shall also have plenary power and authority to enact such other ordinances and adopt such resolutions as may be deemed necessary or desirable to (1) implement and make effective the provisions of subsection (a) of this section; and (2) provide for the implementation of the plans prepared by such city's department of development.
WV Code § 8-12-4 (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-4. Power to Provide by Charter for Initiative, Referendum and Recall

Any city may by charter provision provide for any or all of the following:(1) The initiation of ordinances by petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city;(2) The submission to the qualified voters of such city of a proposed ordinance at a regular municipal election or special municipal election upon petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city or upon resolution of the governing body of such city; and(3) The holding of a special municipal election to submit to the qualified voters of such city the question of the recall of an elected officer upon petition bearing the signatures, written in their own handwriting, of not less than twenty percent of the qualified voters of such city. Not more than one recall election shall be held with respect to an officer during his term of office.
WV Code § 8-12-5c (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-5c. Authority to Enact Ordinance Restricting the Location of Businesses Offering Exotic Entertainment

(a) For the purposes of this section, the term "exotic entertainment" has the same meaning ascribed to it in section three-jj, article one, chapter seven of this code.(b) In the event a municipality has not created or designated a planning commission in accordance with the provisions of article twenty-four of this chapter, every municipality and the governing body of the municipality may, in addition to all other powers of municipalities, adopt an ordinance that limits the areas of the municipality in which businesses may offer exotic entertainment. Any such ordinance shall be subject to the provisions of section fifty, article twenty-four of this chapter: Provided, That in the event of the partial or total loss of any existing business structure due to fire, flood, accident or any other unforeseen act, that business structure may be repaired or replaced and the business use of that structure may continue notwithstanding the existence of any ordinance authorized by this section. Any such repair or replacement will be limited to restoring or replacing the damaged or lost structure with one reasonably similar, or smaller, in size as measured in square footage, and any enlargement of the business structure will subject the structure to any existing ordinance authorized by this section.(c) Any person adversely affected by an ordinance enacted pursuant to the authority granted in subsection (b) of this section is entitled to seek direct judicial review with regard to whether the ordinance impermissibly burdens his or her right to establish a business offering exotic entertainment.
WV Code § 8-12-5d (2021)
2021 West Virginia Code|Chapter 8. Municipal Corporations|Article 12. General and Specific Powers, Duties and Allied Relations of Municipalities, Governing Bodies and Municipal Officers and Employees; Suits Against Municipalities|§8-12-5d. Regulation of Amateur Radio Antennas

(a) Any municipal ordinance or order concerning the regulation or placement of amateur radio antennas must:(1) Comply with all Federal Communications Commission regulations and its rulings and orders;(2) Reasonably accommodate amateur radio communications; and(3) Represent the minimum practicable regulation to accomplish the municipality's legitimate purpose.(b) Nothing in this section shall be deemed to prohibit a municipal governing body from taking action to protect or preserve historic buildings, structures, sites and districts that have been established by federal, state or local law.