West Virginia Code 22-22-16 – Duty of assessor and citizens to notify director when change of property use occurs
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If an assessor in any county becomes aware of a change of remediated property use from nonresidential property to residential, the assessor shall check the land record of the county to ascertain if a land-use covenant appears to have been violated. Should it appear that a violation has occurred, the assessor shall notify the director in writing of the suspected violation. If any citizen becomes aware of a change of property use from nonresidential to residential, the citizen may check the land record of the county to ascertain if a land use covenant appears to have been violated and may notify the director in writing. The director shall then investigate and proceed with any necessary enforcement action.
Terms Used In West Virginia Code 22-22-16
- Director: means the director of the Division of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to this article. See West Virginia Code 22-22-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Land-use covenant: means a document or deed restriction issued by the director on remediated sites which have attained and demonstrate continuing compliance with site-specific standards for any contaminants at the site. See West Virginia Code 22-22-2
- Nonresidential property: means any real property on which commercial, industrial, manufacturing or any other activity is done to further the development, manufacturing or distribution of goods and services, intermediate and final business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery and equipment, and solid waste management. See West Virginia Code 22-22-2
- Property: means any parcel of real property, and any improvements thereof. See West Virginia Code 22-22-2
- Residential: means any real property or portion thereof which is designed for the housing of human beings and does not meet the definition of "nonresidential" property set forth above. See West Virginia Code 22-22-2