West Virginia Code
Article 13A. Public Service Districts
§16-13A-9a. Limitations With Respect to Foreclosure

No public service district shall foreclose upon the premises served by such district for delinquent fees, rates or charges for which a lien is authorized by sections nine or nineteen of this article except through the bringing and maintenance of a civil action for such purpose brought in the circuit court of the county wherein the district lies. In every such action, the court shall be required to make a finding based upon the evidence and facts presented that the district prior to the bringing of such action had exhausted all other remedies for the collection of debts with respect to such delinquencies. In no event shall foreclosure procedures be instituted by any such district or on its behalf unless such delinquency had been in existence or continued for a period of two years from the date of the first such delinquency for which foreclosure is being sought.

Structure West Virginia Code

West Virginia Code

Chapter 16. Public Health

Article 13A. Public Service Districts

§16-13A-1. Legislative Findings

§16-13A-1a. Jurisdiction of the Public Service Commission

§16-13A-1b. County Commissions to Develop Plan to Create, Consolidate, Merge, Expand or Dissolve Public Service Districts

§16-13A-1c. General Purpose of Districts

§16-13A-2. Creation of Districts by County Commission; Enlarging, Reducing, Merging, or Dissolving District; Consolidation; Agreements, etc.; Infringing Upon Powers of County Commission; Filing List of Members and Districts With the Secretary of Stat...

§16-13A-3. District to Be a Public Corporation and Political Subdivision; Powers Thereof; Public Service Boards

§16-13A-3a. Removal of Members of Public Service Board

§16-13A-4. Board Chairman; Members' Compensation; Procedure; District Name

§16-13A-5. General Manager of Board

§16-13A-6. Employees of Board

§16-13A-7. Acquisition and Operation of District Properties; Contracts to Respond to Emergency Situations

§16-13A-8. Acquisition and Purchase of Public Service Properties; Right of Eminent Domain; Extraterritorial Powers

§16-13A-9. Rules; Service Rates and Charges; Discontinuance of Service; Required Water and Sewer Connections; Lien for Delinquent Fees

§16-13A-9a. Limitations With Respect to Foreclosure

§16-13A-9b. Exemptions for Swimming Pools

§16-13A-10. Budget

§16-13A-11. Accounts; Audit

§16-13A-12. Disbursement of District Funds

§16-13A-13. Revenue Bonds

§16-13A-14. Items Included in Cost of Properties

§16-13A-15. Bonds May Be Secured by Trust Indenture

§16-13A-16. Sinking Fund for Revenue Bonds

§16-13A-17. Collection, etc., of Revenues and Enforcement of Covenants; Default; Suit, etc., by Bondholder or Trustee to Compel Performance of Duties; Appointment and Powers of Receiver

§16-13A-18. Operating Contracts

§16-13A-18a. . Sale, Lease or Rental of Water, Sewer, Stormwater or Gas System by District; Distribution of Proceeds

§16-13A-19. Statutory Mortgage Lien Created; Foreclosure Thereof

§16-13A-20. Refunding Revenue Bonds

§16-13A-21. Complete Authority of Article; Liberal Construction; District to Be Public Instrumentality; Tax Exemption

§16-13A-22. Validation of Prior Acts and Proceedings of County Courts for Creation of Districts, Inclusion of Additional Territory, and Appointment of Members of District Boards

§16-13A-23. Validation of Acts and Proceedings of Public Service Boards

§16-13A-24. Acceptance of Loans, Grants or Temporary Advances

§16-13A-25. Borrowing and Bond Issuance; Procedure