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
Article 13A. Public Service Districts
§16-13A-1. Legislative Findings
§16-13A-1a. Jurisdiction of the Public Service Commission
§16-13A-1c. General Purpose of Districts
§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-9a. Limitations With Respect to Foreclosure
§16-13A-9b. Exemptions for Swimming Pools
§16-13A-12. Disbursement of District Funds
§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-18. Operating Contracts
§16-13A-19. Statutory Mortgage Lien Created; Foreclosure Thereof
§16-13A-20. Refunding Revenue Bonds
§16-13A-23. Validation of Acts and Proceedings of Public Service Boards
§16-13A-24. Acceptance of Loans, Grants or Temporary Advances