W. Va. Code § 8-12 § 8-12-16a
Registration of uninhabitable property.
Operative Text
(a) The governing body of a municipality may, by ordinance, establish a property registration for any real property improved by a structure that is uninhabitable and violates the applicable building code adopted by the municipality. An owner of real property subject to the registration shall be assessed a fee as provided by the ordinance. (b) The mayor of the municipality shall appoint a code enforcement officer to investigate and determine whether real property violates provisions of the applicable building code of the municipality. (c) After inspecting the property, if the officer determines the property is uninhabitable and violates the applicable building code, then: (1) The officer shall post a written notice on the property which shall include: (A) An explanation of the violation(s); (B) A description of the registration; (C) The date the fee will be assessed; (D) An explanation of how to be removed from the registration; (E) An explanation of the appeals process; and (F) A statement that if the fee is not paid, then the property is subject to forfeiture; and (2) Within five business days of the inspection and the posting of the property, the officer shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records. (d) Within forty-five days of receipt of the notification by the owner(s), the property owner may: (1) Make and complete any repairs to the property that violate the applicable building code; or (2) Provide written information to the officer showing that repairs are forthcoming in a reasonable period of time. (e) For purposes of this section, "owner" or "property owner" means a person who individually or jointly with others: (1) Has legal title to the property, with or without actual possession of the property; (2) Has charge, care or control of the property as owner or agent of the owner; (3) Is an executor, administrator, trustee or guardian of the estate of the owner; (4) Is the agent of the owner for the purpose of managing, controlling or collecting rents; or (5) Is entitled to control or direct the management or disposition of the property. (f) After the repairs are made, the owner may request a reinspection of the property to ensure compliance with the applicable building code. If the officer finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred. (g) The officer may reinspect the property at any time to determine where in the process the repairs fall. (h) Within ninety days of receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the officer to the enforcement agency, created in section sixteen, article twelve of this chapter. (i) If an appeal is not filed within ninety days, the property is registered and the fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes. (j) If the enforcement agency affirms the registration and assessment of the registration fee, the property owner has the right to appeal the decision of the enforcement agency to the circuit court within thirty days of the decision. If the decision is not appealed in a timely manner to the circuit court, then the property is registered and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes. (k) A fee assessed under this section shall be recorded in the same manner as a lien is recorded in the office of the clerk of the county commission of the county. (l) If the fee is paid, then the municipality shall record a release of the fee in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes. (m) If an owner fails to pay the fee, then the officer shall annually post the written notice on the property and send the written notice to the owner(s) by certified mail. (n) If a registration fee remains delinquent for two years from the date it was placed on record in the clerk of the county commission in which the property is located and assessed, the municipality may take action to receive the subject property by means of forfeiture. Should the municipality take the steps necessary to receive the subject property, the municipality then becomes the owner of record and takes the property subject to all liens and real and personal property taxes.
West Virginia Code § 8-12-16a authorizes municipalities to create a registration program for properties that are both uninhabitable and in violation of the local building code. When a code enforcement officer determines a property meets those criteria, the owner receives formal written and certified-mail notice detailing the violations, the applicable fee, and the paths to appeal or removal from the registry. If a registration fee goes unpaid for two years after being recorded, the municipality may pursue forfeiture of the property, taking it subject to all existing liens and taxes.
Plain English — not legal advice.
Under § 8-12-16a, a compliant property owner who receives a posted notice and certified-mail copy acts promptly—either completing all building-code repairs within forty-five days of receipt or providing written documentation that repairs are forthcoming within a reasonable timeframe. Owners who believe the officer's determination is incorrect have ninety days from receipt of notification to appeal to the municipal enforcement agency, and a further thirty days to appeal an adverse agency decision to circuit court. Keeping registration fees current and requesting a reinspection after repairs are finished are the standard steps operators take to avoid the fee being recorded as a lien and, ultimately, to avoid the forfeiture process that can begin after two years of delinquency.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-12-16a is primarily directed at property owners rather than tenants, but the registration and notice process it creates can be relevant to people living in or near a property that has been posted as uninhabitable and in building-code violation. Tenants who believe their dwelling may be subject to this provision can contact the municipality's code enforcement office to ask whether a property has been registered or posted under § 8-12-16a. Tenant-rights organizations in West Virginia can help residents understand how a property's registration status may intersect with habitability rights and other available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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