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<title>River View Park</title>
<link>http://www.rvp-wv.org/cms</link>
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<title>Governor Bans Burning in Eastern Panhandle</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=125</link>
<description>September 4, 2010 - AP&lt;br /&gt;&lt;br /&gt;CHARLESTON, W.Va. (AP) &amp;mdash; Gov. Joe Manchin has banned outdoor burning in the eight counties of West Virginia's Eastern Panhandle.&lt;br /&gt;&lt;br /&gt;Dry conditions prompted the governor to prohibit burning starting at 8 a.m. Tuesday. The ban continues until the governor lifts it.&lt;br /&gt;&lt;br /&gt;The prohibition includes fires built for camping, burning trash or for warming purposes. Affected counties are Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan and Pendleton.</description>
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<title>NOTICE - 2010 ASSOCIATION MEMBERSHIP TERMINATION</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=124</link>
<description>&lt;div&gt;&lt;strong&gt;Attention River View Park Lot Owners who do not pay their per lot fees by: July 23&lt;/strong&gt;&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;div&gt;RVA Association Membership terminated&lt;br /&gt;&lt;br /&gt;RVA Recreation Membership terminated&lt;br /&gt;&lt;br /&gt;RVA facilities use privileges terminated&lt;br /&gt;&lt;br /&gt;Lien filed against your property&lt;/div&gt;&lt;br /&gt;</description>
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<title>National Preparedness Month - Sept 2010</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=123</link>
<description>&lt;div&gt;September is National Preparedness Month! This awareness month is sponsored by the Ready Campaign in partnership with Citizen Corps and the Ad Council. NPM is designed to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses, and communities. River View Park is proud to be a coalition member&lt;a href=&quot;http://www.ready.gov/america/npm10/index.html&quot;&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;img border=&quot;0&quot; alt=&quot;National Preparedness Month - September 2010 (Register to become a Coalition Member) graphic&quot; src=&quot;http://www.fema.gov/graphics/widgets/ready_npm2010_150.gif&quot; /&gt;&lt;/a&gt;&lt;/div&gt;&lt;br /&gt;</description>
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<title>New Jefferson County Web Site Launched 06/28/2010</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=122</link>
<description>&lt;h3&gt;Welcome to the Jefferson County Commission Website!&lt;/h3&gt;&lt;hr /&gt;&lt;div&gt;&lt;strong&gt;The website aims to make government more accessible. &lt;/strong&gt;&lt;/div&gt;&lt;div&gt;&lt;div&gt;The Jefferson County Commission website has been redesigned to provide residents with better service and a more open and accessible government.&amp;nbsp;&amp;nbsp; Among the many features of the website are:&lt;/div&gt;&lt;br /&gt;&lt;ul&gt;&lt;li&gt;News section that collects news from all County Commission departments&lt;/li&gt;&lt;li&gt;Calendar that collects all events from all county government entities&lt;/li&gt;&lt;li&gt;Emergency scrolling bar to be activated during emergencies&lt;/li&gt;&lt;li&gt;Centralized location for county forms&lt;/li&gt;&lt;li&gt;Expanded Department presence offering online services and information&lt;/li&gt;&lt;li&gt;Multiple ways to navigate and find information: search, sitemap, drop down menu, breadcrumbs, Quickfind&lt;/li&gt;&lt;li&gt;Special topics are now organized into four sections: Living, Business, Visiting, Government&lt;/li&gt;&lt;li&gt;&amp;ldquo;How do I&amp;rdquo; section covers frequently asked questions&lt;/li&gt;&lt;li&gt;Community and Government links&lt;/li&gt;&lt;li&gt;RSS feeds broadcasting news and calendar events&lt;/li&gt;&lt;li&gt;Contact forms to communicate with the County Commission and increase resident feedback&lt;/li&gt;&lt;li&gt;Listing of currently provided online services &lt;/li&gt;&lt;/ul&gt;&lt;div&gt;Residents and visitors will find our new website easier to use, with organized content, and updated frequently with new information.&amp;nbsp; Residents are encouraged to contact the County Commission with comments and suggestions.&lt;/div&gt;&lt;br /&gt;&lt;a href=&quot;http://www.jeffersoncountywv.org/&quot;&gt;http://www.jeffersoncountywv.org/&lt;/a&gt;&lt;br /&gt;&lt;/div&gt;</description>
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<title>Road Grading Notice</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=121</link>
<description>&lt;img border=&quot;0&quot; src=&quot;../roads/Notice_Grader_Work_Small.jpg&quot; /&gt;</description>
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<title>2010 River View Association Board Of Directors</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=120</link>
<description>&lt;div&gt;At the River View Association Annual Membership Meeting held May 2, 2010, the members of River View Association elected the following Members to the Board of Directors:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;Chuck Clingan&lt;br /&gt;Don Colins&lt;br /&gt;David Holmes&lt;br /&gt;Virginia Holmes&lt;br /&gt;Neal Nilsen&lt;br /&gt;Deana Smith&lt;br /&gt;Craig Weaver&lt;/div&gt;&lt;br /&gt;&lt;div&gt;The following Board of Directors continuing their term are as follows:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;John Smith&lt;br /&gt;Alexis Weaver&lt;/div&gt;&lt;br /&gt;&lt;div&gt;At the River View Association Board of Directors Annual Meeting held Monday, May 10, 2010 the following members of&amp;nbsp;River View Association, Inc. were elected to the following Officer positions:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;President:&amp;nbsp; Neal Nilsen&lt;br /&gt;Treasurer:&amp;nbsp; Craig Weaver&lt;br /&gt;Secretary:&amp;nbsp; Dena Smith&lt;br /&gt;VP Roads:&amp;nbsp; Chuck Clingan&lt;/div&gt;&lt;br /&gt;&lt;div&gt;The following Officers continue their term are as follows:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;VP Parks:&amp;nbsp;&amp;nbsp; John Smith&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;</description>
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<title>Governor Rescinds Statewide Burning Ban </title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=119</link>
<description>&lt;div&gt;Outdoor burning laws still apply through May 31 &lt;/div&gt;&lt;br /&gt;&lt;div&gt;Due to recent rainfall and increased humidity throughout the state, Gov. Joe Manchin is rescinding the outdoor burning ban. Starting at 4 p.m. today, Monday, April 26, 2010, regular spring forest fire season laws regarding outdoor burning will be in effect through May 31:&lt;/div&gt;</description>
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<title>CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=118</link>
<description>&lt;div&gt;36B-1-101. Short Title.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;This chapter may be cited as the &amp;quot;Uniform Common Interest Ownership Act.&amp;quot;&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&lt;br /&gt;&amp;sect;36B-1-102. Applicability. &lt;br /&gt;Applicability of this chapter is governed by Part II of this article.&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;36B-1-103. Definitions.&lt;br /&gt;In the declaration and bylaws (section one hundred six, article three of this chapter), unless specifically provided otherwise or the context otherwise requires, and in this chapter: &lt;/div&gt;&lt;br /&gt;&lt;div&gt;(1) &amp;quot;Affiliate of a declarant&amp;quot; means any person who controls, is controlled by, or is under common control with a declarant. A person &amp;quot;controls&amp;quot; a declarant if the person: (i) Is a general partner, officer, director or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the declarant; (iii) controls in any manner the election of a majority of the directors of the declarant; or (iv) has contributed more than twenty percent of the capital of the declarant. A person &amp;quot;is controlled by&amp;quot; a declarant if the declarant: (i) Is a general partner, officer, director or employer of the person; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors of the person; or (iv) has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this paragraph are held solely as security for an obligation and are not exercised.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(2) &amp;quot;Allocated interests&amp;quot; means the following interests allocated to each unit: (i) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association; (ii) in a cooperative, the common expense liability and the ownership interest and votes in the association; and (iii) in a planned community, the common expense liability and votes in the association.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(3) &amp;quot;Association&amp;quot; or &amp;quot;unit owners' association&amp;quot; means the unit owners' association organized under section one hundred one, article three of this chapter.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(4) &amp;quot;Common elements&amp;quot; means: (i) In a condominium or cooperative, all portions of the common interest community other than the units; and (ii) in a planned community, any real estate within a planned community owned or leased by the association, other than a unit.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(5) &amp;quot;Common expenses&amp;quot; means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(6) &amp;quot;Common expense liability&amp;quot; means the liability for common expenses allocated to each unit pursuant to section one hundred seven, article two of this chapter.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(7) &amp;quot;Common interest community&amp;quot; means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance or improvement of other real estate described in a declaration: Provided, That any resort owner which, prior to the effective date of this article, began the development of a resort and imposed fees or assessments upon owners of real estate in the resort for maintenance and care of the roads, streets, alleys, sidewalks, parks, common areas and common facilities in and around the resort, for fire and police protection and for such other services as may be made available to owners of real estate, may also impose the same fees and assessments to be used for the same or similar purposes upon persons purchasing real estate in the resort after the effective date of this article without creating a common interest community.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;quot;Ownership of a unit&amp;quot; does not include holding a leasehold interest of less than twenty years in a unit, including renewal options.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(8) &amp;quot;Condominium&amp;quot; means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interest in the common elements are vested in the unit owners.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(9) &amp;quot;Conversion building&amp;quot; means a building that at any time before creation of the common interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(10) &amp;quot;Cooperative&amp;quot; means a common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(11) &amp;quot;Dealer&amp;quot; means a person in the business of selling units for his own account.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(12) &amp;quot;Declarant&amp;quot; means any person or group of persons acting in concert who: (i) As part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of; or (ii) reserves or succeeds to any special declarant right.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(13) &amp;quot;Declaration&amp;quot; means any instruments, however denominated, that create a common interest community, including any amendments to those instruments.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(14) &amp;quot;Development rights&amp;quot; means any right or combination of rights reserved by a declarant in the declaration to: (i) Add real estate to a common interest community; (ii) create units, common elements or limited common elements within a common interest community; (iii) subdivide units or convert units into common elements; or (iv) withdraw real estate from a common interest community.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(15) &amp;quot;Dispose&amp;quot; or &amp;quot;disposition&amp;quot; means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but the term does not include the transfer or release of a security interest.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(16)&amp;quot;Executive board&amp;quot; means the body, regardless of name, designated in the declaration to act on behalf of the association.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(17) &amp;quot;Identifying number&amp;quot; means a symbol or address that identifies only one unit in a common interest community.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(18) &amp;quot;Leasehold common interest community&amp;quot; means a common interest community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(19)&amp;quot;Limited common element&amp;quot; means a portion of the common elements allocated by the declaration or by operation of subdivision (2) or (4), section one hundred two, article two of this chapter for the exclusive use of one or more but fewer than all of the units.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(20)&amp;quot;Master association&amp;quot; means an organization described in section one hundred twenty, article two of this chapter, whether or not it is also an association described in section one hundred one, article three of this chapter.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(21)&amp;quot;Offering&amp;quot; means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a common interest community not located in this state, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the common interest community is located.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(22) &amp;quot;Person&amp;quot; means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. In the case of a trust, the corpus of which is real estate, however, &amp;quot;person&amp;quot; means the beneficiary of the trust rather than the trust or the trustee.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(23)&amp;quot;Planned community&amp;quot; means a common interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(24)&amp;quot;Proprietary lease&amp;quot; means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(25) &amp;quot;Purchaser&amp;quot; means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than: (i) A leasehold interest (including renewal options) of less than twenty years; or (ii) as security for an obligation.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(26) &amp;quot;Real estate&amp;quot; means any leasehold or other estate or interest in, over, or under land, including structures, fixtures and other improvements and interest that by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. &amp;quot;Real estate&amp;quot; includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(27)&amp;quot;Residential purposes&amp;quot; means use for dwelling or recreational purposes, or both.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(28) &amp;quot;Resort&amp;quot; means a destination location which consists of: (i) One or more persons offering recreational facilities and services such as skiing, golf, tennis or boating to the general public and commercial facilities such as retail stores, restaurants and hotels or other lodging accommodations; and (ii) at least one hundred residential units, a majority of which are used as vacation or second homes rather than primary residences.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(29) &amp;quot;Resort owner&amp;quot; means any person owning or operating substantially all of the recreational facilities located within a resort, or the predecessor in title of any such person.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(30)&amp;quot;Security interest&amp;quot; means an interest in real estate or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(31)&amp;quot;Special declarant rights&amp;quot; means rights reserved for the benefit of a declarant to: (i) Complete improvements indicated on plans and plans filed with the declaration (section one hundred nine, article two of this chapter) or, in a cooperative, to complete improvements described in the public offering statement pursuant to subdivision (2), subsection (a), section one hundred three, article four of this chapter; (ii) exercise any development right (section one hundred ten, article two of this chapter); (iii) maintain sales offices, management offices, signs advertising the common interest community, and models (section one hundred fifteen, article two of this chapter); (iv) use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community (section one hundred sixteen, article two of this chapter); (v) make the common interest community subject to a master association (section one hundred twenty, article two of this chapter); (vi) merge or consolidate a common interest community with another common interest community of the same form of ownership (section one hundred twenty-one, article two of this chapter); or (vii) appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control (subsection (d), section one hundred three, article three of this chapter).&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(32)&amp;quot;Time share&amp;quot; means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a common interest community or a specified portion thereof.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(33) &amp;quot;Unit&amp;quot; means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to subdivision (5), subsection (a), section one hundred five, article two of this chapter. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(34)&amp;quot;Unit owner&amp;quot; means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated (section one hundred seven, article two of this chapter) until that unit has been conveyed to another person.&lt;br /&gt;&lt;br /&gt;&lt;em&gt;&lt;a href=&quot;http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=36b&amp;art=1&quot; target=&quot;_blank&quot;&gt;Full code found here...&lt;/a&gt;&lt;/em&gt;&lt;/div&gt;&lt;br /&gt;</description>
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<title>ARTICLE 3. MANAGEMENT OF THE COMMON INTEREST COMMUNITY</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=117</link>
<description>&amp;sect;36B-3-101. Organization of unit owners' association. &lt;br /&gt;A unit owners' association must be organized no later than the date the first unit in the common interest community is conveyed. The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section 2-118 or their heirs, successors, or assigns. The association must be organized as a profit or nonprofit corporation, trust, partnership, or as an unincorporated association.&lt;br /&gt;&lt;br /&gt;&lt;em&gt;&lt;a href=&quot;http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=36b&amp;art=3#03&quot; target=&quot;_blank&quot;&gt;Full code found here...&lt;/a&gt;&lt;/em&gt;</description>
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<title>24A. DISPOSAL OF MOTOR VEHICLES AND HOUSEHOLD APPLIANCES</title>
<link>http://www.rvp-wv.org/cms/modules.php?name=News&amp;file=article&amp;sid=116</link>
<description>&lt;div&gt;ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES&lt;br /&gt;&lt;br /&gt;&amp;sect;17-24A-1. Definitions.&lt;br /&gt;&lt;br /&gt;Unless the context clearly indicates a different meaning, as used in this article:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(1) &amp;quot;Commissioner&amp;quot; means the commissioner of the division of highways or his or her designee.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(2) &amp;quot;Abandoned household appliance&amp;quot; means a refrigerator, freezer, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode, bed springs, mattress or other furniture, fixtures or appliances to which no person claims ownership and which is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(3) &amp;quot;Abandoned motor vehicle&amp;quot; means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over five days; or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher: Provided, That a motor vehicle, or major part thereof, shall not be considered an abandoned motor vehicle if: (a) The owner of the motor vehicle is storing the motor vehicle on the owner's property; (b) the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; (c) the owner owns other motor vehicles similar to the motor vehicle being stored; and (d) the owner is a business licensed to do business in the state of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(4) &amp;quot;Demolisher&amp;quot; means any person licensed by the commissioner of the division of highways whose business, to any extent or degree, is to convert a motor vehicle or any part thereof or an inoperative household appliance into processed scrap or scrap metal or into saleable parts or otherwise to wreck or dismantle vehicles or appliances.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(5) &amp;quot;Enclosed building&amp;quot; means a structure surrounded by walls or one continuous wall and having a roof enclosing the entire structure and includes a permanent appendage thereto.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(6) &amp;quot;Enforcement agency&amp;quot; means any of the following or any combination of the following:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(a) Public law-enforcement officers of this state, including conservation officers;&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(b) Public law-enforcement officers of any county, city or town within this state; and&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(c) The commissioner of the division of highways, his or her duly authorized agents and employees.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(7) &amp;quot;Inoperative household appliance&amp;quot; means a refrigerator, freezer, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode, bed springs, mattress or other furniture, fixture or appliance which by reason of mechanical or physical defects can no longer be used for its intended purpose and which is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(8) &amp;quot;Junked motor vehicle&amp;quot; means a motor vehicle, or any part thereof which: (a) Is discarded, wrecked, ruined, scrapped or dismantled; (b) cannot pass the state inspection required by article sixteen, chapter seventeen-c of this code; and (c) is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher: Provided, That a motor vehicle, or major part thereof, shall not be considered a junked motor vehicle if: (a) The owner of the motor vehicle is storing the motor vehicle on the owner's property; (b) the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; (c) the owner owns other motor vehicles similar to the motor vehicle being stored; and (d) the owner is a business licensed to do business in the state of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale. (9) &amp;quot;Licensed salvage yard&amp;quot; means a salvage yard licensed under article twenty-three of this chapter.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(10) &amp;quot;Motor vehicle&amp;quot; means a vehicle which is or was self-propelled, including, but not limited to, automobiles, trucks, buses and motorcycles.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(11) &amp;quot;Person&amp;quot; means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-2. Abandonment of motor vehicle prohibited; inoperative household appliances prohibited in certain places; penalty.&lt;br /&gt;(a) No person shall, within this state, abandon a motor vehicle or major part thereof upon the right-of-way of any public highway, upon any other public property or upon any private property without the consent of the owner or person in control of the property, or upon property owned or controlled by that person, unless it be at a licensed salvage yard or at the business establishment of a demolisher, or a business licensed to do business in the state of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced and fined as set forth below.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(b) No person shall, within this state, place or abandon any inoperative household appliance upon the right-of-way of any public highway or upon any other public property; nor shall any person, within this state, place or abandon any inoperative household appliance upon any private property unless it be at a licensed salvage yard, solid waste facility, other business authorized to accept such solid waste or at the business establishment of a demolisher. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced and fined as set forth below.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(c) Any person who is guilty of a misdemeanor as described in this section and the abandoned motor vehicle, junked motor vehicle, or inoperative household appliance does not exceed one hundred pounds in weight or twenty-seven cubic feet in size is subject to a fine of not less than fifty dollars nor more than one thousand dollars or, in the discretion of the court, sentenced to perform community service by cleaning up litter from any public highway, road, street, alley or any other public park or public property or waters of the state, as designated by the court, for not less than eight nor more than sixteen hours, or both.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(d) Any person who is guilty of a misdemeanor as described in this section and the abandoned motor vehicle, junked motor vehicle or inoperative household appliance is greater than one hundred pounds in weight or twenty-seven cubic feet in size, but less than five hundred pounds in weight or two hundred sixteen cubic feet, is subject to a fine of not less than five hundred dollars nor more than two thousand dollars or, in the discretion of the court, may be sentenced to perform community service by cleaning up litter from any public highway, road, street, alley or any other public park or public property or waters of the state, as designated by the court, for not less than sixteen nor more than thirty-two hours, or both.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(e) Any person who is guilty of a misdemeanor as described in this section and the abandoned motor vehicle, junked motor vehicle or inoperative household appliance is greater than five hundred pounds in weight or two hundred sixteen cubic feet in size is subject to a fine not less than twenty-five hundred dollars or not more than twenty-five thousand dollars or confinement in a county or regional jail for not more than one year, or both. In addition, the violator may be guilty of creating or contributing to an open dump as defined in section two, article fifteen, chapter twenty-two of this code and subject to the enforcement provisions of section fifteen of said article.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(f) Any person convicted of a second or subsequent violation of this section is subject to double the authorized range of fines and community service for the subsection violated.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(g) The sentence of litter cleanup shall be verified by conservation officers from the division of natural resources or environmental inspectors from the division of environmental protection. Any defendant receiving the sentence of litter cleanup shall provide within a time to be set by the court written acknowledgment from a conservation officer or environmental inspector that the sentence has been completed and the litter has been disposed of lawfully.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(h) Any person who has been found by the court to have willfully failed to comply with the terms of a litter cleanup sentence imposed by the court pursuant to this section is subject to, at the discretion of the court, double the amount of the original fines and community service penalties.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-3. Authority to take possession of abandoned motor vehicles, junked motor vehicles, and inoperative household appliances.&lt;br /&gt;Any enforcement agency which has knowledge of or discovers or finds any abandoned motor vehicle, junked motor vehicle or inoperative household appliance on either public or private property may take it into its custody and possession. For that purpose, the enforcement agency may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles, junked motor vehicles or inoperative household appliances: Provided, That before taking any abandoned motor vehicle or junked motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the motor vehicle, if ascertainable, a thirty-day notice by registered or certified mail that the action will be taken unless the motor vehicle is restored to a functional use.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-4. Abandoned or junked motor vehicles; notification to motor vehicle owner and lienholder; charges and fees; exceptions.&lt;br /&gt;(a) The enforcement agency which takes into custody and possession an abandoned motor vehicle or junked motor vehicle shall, within fifteen days after taking custody and possession thereof, notify the last-known registered owner of the motor vehicle and all lienholders of record that the motor vehicle has been taken into custody and possession, the notification to be by registered or certified mail, return receipt requested. The notice shall:&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(1) Contain a description of the motor vehicle, including the year, make, model, manufacturer's serial or identification number or any other number which may have been assigned to the motor vehicle by the commissioner of motor vehicles and any distinguishing marks;&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(2) Set forth the location of the facility where the motor vehicle is being held and the location where the motor vehicle was taken into custody and possession;&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(3) Inform the owner and any lienholders of record of their right to reclaim the motor vehicle within ten days after the date notice was received by the owner or lienholders, upon payment of all towing, preservation and storage charges resulting from taking and placing the motor vehicle into custody and possession; and&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(4) State that the failure of the owner or lienholders of record to exercise their right to reclaim the motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in the motor vehicle and of their consent to the sale or disposal of the abandoned motor vehicle or junked motor vehicle at a public auction or to a licensed salvage yard or demolisher.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(b) If the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined or if the certificate of registration or certificate of title contains no address for the owner or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, the publication area shall be the county wherein the motor vehicle was located at the time the enforcement agency took custody and possession thereof and the notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of abandoned motor vehicles and junked motor vehicles. The notice shall be published within fifteen days after the motor vehicle is taken into custody and possession and shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date the notice is published as aforesaid.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(c) An enforcement agency which hires any person or entity to take into custody and possession an abandoned motor vehicle or junked motor vehicle pursuant to this section shall notify the person or entity hired of the name and address of the registered owner of the motor vehicle, if known, and all lienholders of record, if any, within fifteen days after the vehicle is taken into custody and possession: Provided, That the requirements of this subsection shall not apply to motor vehicles for which the registered owner cannot be ascertained by due diligence or investigation.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(d) The person or entity hired by an enforcement agency to take into custody or possession an abandoned motor vehicle or junked motor vehicle shall, within thirty days after the possession, notify the registered owner of the vehicle and all lienholders of record, if any, as identified by the enforcement agency pursuant to subsection (c) of this section, by registered mail, return receipt requested, that the motor vehicle has been taken into custody and possession. The notice shall have the same contents required for a notice pursuant to subsection (a) of this section, including the ten-day period the owner or lienholder has to reclaim the motor vehicle. Upon the issuance of the notice, the identified owner of the motor vehicle is liable and responsible for all costs for towing, preservation and storage of the motor vehicle: Provided, That failure to issue the notice required by this subsection within thirty days after possession of the motor vehicle relieves the identified owner of the motor vehicle of any liability for charges for towing, preservation and storage in excess of the sum of the first five days of the charges: Provided, however, That the requirements of this subsection do not apply to motor vehicles for which the registered owner thereof cannot be ascertained by due diligence or investigation.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(e) For an abandoned motor vehicle or junked vehicle having a loan value of two thousand five hundred dollars or less, as ascertained by values placed upon motor vehicles using a standard industry reference book, a person or entity hired by an enforcement agency to tow the abandoned motor vehicle or junked motor vehicle may, if the motor vehicle is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section or if the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined or if the certificate of registration or certificate of title contains no address of the owner or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the division of motor vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The person or entity may then sell the motor vehicle at private sale or public auction.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(f) For an abandoned motor or junked motor vehicle having a loan value of two thousand five hundred dollars or less, as ascertained by values placed upon motor vehicles using a standard industry reference book, a licensed motor vehicle dealer, as defined in section one, article one, chapter seventeen-a of this code, or a motor vehicle repair facility may, if a motor vehicle is abandoned on the property or place of business of the dealer or a motor vehicle repair facility and is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section or if the identity of the last registered owner of the abandoned motor vehicle cannot be determined or if the certificate of registration or certificate of title contains no address of the owner or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the division of motor vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The dealer or motor vehicle repair facility may then sell the motor vehicle at private sale or public auction.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-5. Disposal of abandoned motor vehicles, junked motor vehicles, and inoperative or abandoned household appliances.&lt;br /&gt;(a) If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided for in section four of this article, the enforcement agency in possession of the abandoned motor vehicle or junked motor vehicle shall sell it either at a public auction or to a licensed salvage yard or demolisher. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of the motor vehicle. The sales receipt at the sale shall be sufficient title only for purposes of transferring the motor vehicle to a licensed salvage yard or to a demolisher for demolition, wrecking or dismantling and no further titling of the motor vehicle shall be necessary by either the purchaser at the auction, the licensed salvage yard or the demolisher, who shall be exempt from the payment of any fees and taxes required under article three, chapter seventeen-a of this code: Provided, That the purchaser at the auction must place the motor vehicle in the possession of a licensed salvage yard or demolisher within twenty days from the date he or she purchased the motor vehicle and the licensed salvage yards or demolisher must demolish, wreck or dismantle the motor vehicle within six months after taking possession of the motor vehicle and if the licensed salvage yard or demolisher does not, the licensed salvage yard or demolisher shall be required to pay all fees and taxes required under article three, chapter seventeen-a of this code.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;(b) When an enforcement agency has in its custody and possession inoperative or abandoned household appliances collected in accordance with section seven of this article it shall sell the property from time to time at public auction or to a licensed salvage yard or demolisher.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-6. Proceeds from sale of abandoned motor vehicles, junked motor vehicles, and inoperative household appliances.&lt;br /&gt;From the proceeds of any sale, the enforcement agency which sold the abandoned motor vehicle, junked motor vehicle or inoperative household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving and storing said property and the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this article.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;Any remainder from the proceeds of the sale of an abandoned motor vehicle or junked motor vehicle after payment of expenses shall be held for the last registered owner of the motor vehicle or any lienholder for ninety days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in the state road fund.&lt;/div&gt;&lt;br /&gt;&lt;div&gt;&amp;sect;17-24A-7. Injunctive relief; additional remedy.&lt;br /&gt;In addition to all other remedies provided for in this article, the attorney general of this state, the prosecuting attorney of any county where any violation of any provision of this article occurs or any citizen, resident or taxpayer of the county where any violation of any provision of this article occurs may apply to the circuit court, or the judge thereof in vacation, of the county where the alleged violation occurred for an injunction to restrain, prevent or abate the maintenance and storage of abandoned motor vehicles, junked motor vehicles or inoperative household appliances, in violation of any provision of this article.&lt;br /&gt;&lt;br /&gt;&lt;a href=&quot;http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=17&amp;art=24A#24A&quot; target=&quot;_blank&quot;&gt;State code found here...&lt;/a&gt;&lt;/div&gt;&lt;br /&gt;</description>
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