Beckley City Zoning Code

There is hereby established, pursuant to chapter 31, article 18E of the West Virginia Code, the "City of Beckley Land Reuse Agency," hereinafter also referred to as the "City of Beckley LRA" or "LRA."

(Ord. of 2-17-26(1))

The City of Beckley LRA shall promote the productive use of property by identifying available properties suitable for public space, conservation, housing, and commercial use and pursuing the acquisition, management, inventory, and disposition of those properties according to the priorities set forth in this chapter. The LRA may exercise all powers granted by this Code and chapter 31, article 18E of the West Virginia Code.

(Ord. of 2-17-26(1))

The City of Beckley Land Reuse Agency shall operate under the control of a board of directors initially composed of seven (7) members, as follows:

Two (2) members of city council (council) appointed by city council: Janine Bullock & Natalie Coots

Code enforcement director, or his/her designee: Jeanie Campbell

Recorder-treasurer or his/her designee: Evan Dewey

One (1) member of the general public, who is a resident of Beckley, appointed by the city manager who must maintain membership with a recognized civic organization within the land reuse jurisdiction who is not a public official or municipal employee: Ann Worley

One (1) member of the general public, appointed by the city manager, who shall be familiar with development and management of commercial and residential property, or use of public lands: Nick Akers

One (1) member of a development authority that encourages and supports initiatives that increase economic activity, (exa. IDA, EDA, etc.) appointed by the city manager: Jina Belcher

Members of general public shall be appointed with the advice and consent of council.

The members from the general public and the two (2) members from city council shall serve initial terms of two (2) years, respectively. Thereafter, each term shall be for four (4) years. The remaining members shall be appointed for terms of four (4) years. The size of the board may be adjusted in accordance with the bylaws of the LRA.

Each member shall continue in office until a successor is duly appointed, except in the event of a member's removal, death, or delivery of written resignation. In the case of such a vacancy, a new member shall be appointed to serve the remainder of the term.

Members of the board shall serve without compensation. Any member of the board who is an employee of the city may spend regular work hours on matters related to the board and receive his or her regular salary, as approved by the employee's direct supervisor.

The board may request assistance from any city department or employee, as necessary and as approved by the city manager.

(Ord. of 2-17-26(1))

The members of the board shall annually select from among their members a chair, vice chair, and any other officers as the board determines. The appointed code enforcement officer shall serve as the secretary and be responsible for keeping the minutes of the meetings, and other records for the committee. The recorder-treasurer or designee shall serve as the treasurer of the board.

(Ord. of 2-17-26(1))

The residents of the City of Beckley shall have an opportunity to provide written or oral input into all decisions of the LRA at the regular meetings held by the LRA.

(Ord. of 2-17-26(1))

Upon the effective date of this section, the recorder-treasurer shall file a copy of the ordinance with the West Virginia Housing Development Fund and the West Virginia Secretary of State.

(Ord. of 2-17-26(1))

The land reuse agency shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter and chapter 31, article 18E of the West Virginia Code. The powers may be authorized by the board or delegated to the staff of the LRA pursuant to board rules. The powers include, but are not limited to, the following:

To adopt, amend, and repeal bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business, including duties of officers, attendance and participation of members in regular and special meetings, a procedure to remove a member by a majority vote for failure to comply with a rule, general terms and conditions for consideration to be received for the transfer of real property and interests in real property, and other matters necessary to govern the conduct of the LRA;

To sue and be sued in its own name and be a party to a civil action, including in any action to clear title to property or expedite quiet title actions;

To adopt a seal and to alter the same;

To borrow from federal government funds, from the state, from private lenders, from municipalities, or from counties, as necessary, for the operation and work of the LRA; To issue negotiable revenue bonds and notes according to the provisions of Chapter 31, Article 18E of the West Virginia Code;

To procure insurance or guarantees from the federal government or the state on the payment of debt incurred by the LRA and pay premiums in connection with the insurance or guarantee;

To hire staff, including legal counsel, and to utilize the staff of other city departments as approved by the city manager, including the city attorney.

To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercises of its powers, including to enter into contracts and intergovernmental cooperation agreements with municipalities or counties for the performance of functions by municipalities or counties on behalf of the LRA or by the LRA on behalf of the city;

To make and execute contracts and other instruments necessary or convenient to the exercise of powers of the LRA. Any contract or instrument signed shall be executed by and for the LRA if the contract or instrument is signed by both: (A) the chair or vice-chair of the LRA Board and (B) the secretary or treasurer of the LRA Board;

To procure insurance against losses in connection with the real property, assets, or activities of the agency;

To invest money of the LRA in instruments, obligations, securities, or property and to name and use depositories for its money;

To enter into contracts for the management of, the collection of rent from, or the donation or sale of real property to the LRA;

To design, develop, construct, demolish, reconstruct, deconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property;

To fix, charge, and collect rents, fees, and charges for the use of real property of the LRA and for services provided by the LRA;

To grant or acquire licenses, easements, leases, or options with respect to real property;

To enter into partnerships, joint ventures, and other collaborative relationships with municipalities, counties, and other public and private entities for the ownership, management, development, and disposition of real property;

To organize and reorganize the LRA consistent with the provisions of this Code or state code;

To hold title to property in its own name;

To acquire property in any lawful way, including by acquiring an interest in tax delinquent properties through regular tax sale, right of first refusal authority, or post- sale where no person bids on a property, as authorized in West Virginia Code;

To coordinate and cooperate with other entities, including, but not limited to, public utilities and county-level agencies or departments, to improve data sharing in order to help determine vacant and rental properties;

To file liens against property where debts or fines are owed to the LRA or city, and to enter into any agreements deemed beneficial by the board to waive or modify those liens, debts, or fines; and

To do all other things necessary or convenient to achieve the objectives and purposes of the LRA, as further stated throughout this chapter or as otherwise authorized by state law.

To promote the efficient operation of the LRA, all of the LRA's funds shall be placed in a special revenue fund in the city treasury hereby established to be known as the LRA Fund, along with any subaccounts deemed necessary by the board.

To perform all other functions that are allowed under W. Va. Code § 31-18E.

(Ord. of 2-17-26(1))

The City of Beckley Land Reuse Agency shall act in accordance with the city's comprehensive plan and any other development plans adopted by the LRA or the city council in the future.

In order to promote transparency, the LRA shall maintain and make available for public review and inspection an inventory of real property held by the LRA. The LRA shall evaluate each property it owns, uses, disposes of, or studies for its potential as a purely public space, as a location for housing, as a conservation area, and as a location for retail, commercial and industrial activities.

To properly manage the LRA, the board shall identify financing options and grant opportunities on an ongoing basis, as authorized by § 31-18E-11 of the Code of West Virginia.

(Ord. of 2-17-26(1))

Pursuant to West Virginia Code § 31-18E-9, the LRA may acquire an interest in tax- delinquent property through the provisions of chapter 11A of the West Virginia Code. The LRA may exercise all of the authority granted by chapter 31, article 18E of West Virginia Code, including, but not limited to, obtaining lists of tax-delinquent properties, purchasing tax liens for unredeemed property, exercising the right of first refusal on eligible properties, and entering into similar arrangements to obtain property.

In the event that the LRA uses its right of first refusal to obtain tax-delinquent property, the LRA shall notify adjacent property owners of the property acquisition pursuant to the requirements of West Virginia Code § 31-18E-9.

For the purposes of this requirement, "adjacent" means that the property acquired shares a boundary with the other property. There is no requirement to make notice to other property holders nearby who do not share a boundary with the property so acquired. If more than one adjacent property owner responds with an interest in purchasing the property within the time period authorized by West Virginia Code § 31-18E-9, the LRA shall provide an additional time period within which the owners may submit bids on the property and the property shall be sold to the highest bidder. The LRA may adopt a policy governing this process that conforms with West Virginia Code § 31-18E-9 and this chapter.

Notwithstanding the provisions of subsection (b) of this section, any property obtained by the LRA through any means other than the right of first refusal on tax sales and any property obtained by right of first refusal where an adjacent land owner does not timely express the desire to purchase the property may still be conveyed to one or more adjacent land owners through the processes adopted by the LRA and without the restrictions contained in West Virginia Code § 31-18E-9(g).

(Ord. of 2-17-26(1))

The LRA board shall meet in regular session according to a schedule adopted by the board.

The LRA board may be convened by the chair or upon written notice signed by a majority of the members.

The LRA board must have a quorum present to conduct business. A majority of the board, excluding vacancies, constitutes a quorum. A member must be physically present at a meeting for the purposes of establishing a quorum.

Except as otherwise provided in this section, action of the board is by the affirmative vote of a majority of the board that is present and voting.

Action of the board on the following matters must be approved by a majority of the entire board membership:

Adoption of bylaws;

Adoption of rules under West Virginia Code § 31-18E-5(d);

Hiring or firing an employee or contractor of the LRA, unless delegated to a specified officer or committee of the LRA by a majority vote of the entire board;

Incurring of debt;

Adoption or amendment of the annual budget; and

Sale, lease, encumbrance, or alienation of real property or personal property with a value of more than fifty thousand dollars ($50,000.00).

A resolution under West Virginia Code § 31-18E-14, relating to dissolution of the LRA, must be approved by two-thirds (⅔) of the entire board membership.

(Ord. of 2-17-26(1))

The LRA board shall keep minutes and a record of its proceedings.

The LRA is subject to chapter 6, article 9A of the Code of West Virginia, relating to open meetings.

The LRA is subject to chapter 29B of the Code of West Virginia, relating to access to public records.

The LRA board and employees are subject to Chapter 6B of the Code of West Virginia, relating to ethics and conflicts of interest. The LRA board may adopt additional requirements with respect to disclosures and conflicts of interests.

(Ord. of 2-17-26(1))

In addition to all other public access and transparency provisions of this chapter, as well as having resident members of the board, the LRA shall offer a public portion at each regular meeting during which two (2) members of the public may speak about any item on the meeting agenda. The maximum time a member of the public may speak at a meeting is three (3) minutes.

(Ord. of 2-17-26(1))

The LRA shall submit an audit of income and expenditures, together with a report of its activities for the preceding fiscal year to the West Virginia Housing Development Fund within one hundred twenty (120) days after the end of the fiscal year. A copy of the report shall be submitted to the city council and any political subdivision with which the LRA has an intergovernmental agreement.

(Ord. of 2-17-26(1))