West Virginia Code § 16-13E-8

Notice to property owners of assessments; correcting and laying
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assessments; report on project completion; credits.
(a) Prior to the issuance of assessment bonds or pledging any amounts to payment of tax
increment financing obligation debt service, the board shall cause a report to be prepared
describing each lot or parcel of land located within the community enhancement district and
setting forth the total cost of the project based on the contract with the goveernmental
agency, the accepted bid or bids, or a cost estimate certified by a professional engineer, and
all other costs incurred prior to the commencement of construction andr the future
administrative costs, and the respective amounts chargeable upon each lot or parcel of land
and the proper amount to be assessed against the respective lots or parcels of land with a
description of the lots and parcels of land as to ownership and location. If two or more
different kinds of projects are involved, the report shall set ftorth the portion of the
assessment attributable to each respective project. The board shall thereupon give notice to
the owners of real property to be assessed that on or after a date specified in the notice an
assessment will be deemed granted against the property. The notice shall state that the
owner of assessed property, or other interested party, may on said date appear before the
board to move the revision or correction of the proposed assessment and shall show the total
cost of the project, whether the assessments will pay for all or part of the total cost of the
project and the lots or parcels of property to be assessed and the respective amounts to be
assessed against such lots or parcels, with a description of the respective lots and parcels of
land as to ownership and location. The notice shall also be published as a Class II-0 legal
advertisement in compliance weith the provisions of article three, chapter fifty-nine of the
code, and the publication area for such publication is the assessment district. On or after the
date so advertised, the bLoard may revise, amend, correct and verify the report and proceed
by resolution to establish the assessments as corrected and verified and shall certify the
same to the governin g body which created the district.
(b) During the pendency of the project, the board may decrease the amount of the
assessments certified to the county sheriff for collection following the June 7 certification of
those assessments by the community enhancement district to the sheriff as provided by
subdivision (6), subsection (b), section six of this article, upon a finding or determination by
the community enhancement board that the decrease is necessary or appropriate as the total
cost of the project is less than projected or that the need for the assessment amount has
decreased under the circumstances, and so certify to the sheriff of the county where the
property is located. The modified assessment shall be granted against all property in the
district for inclusion in the tax ticket or the preparation of modified tax tickets by that sheriff
for the affected parcels.
(c) Upon completion of a project, the board shall prepare a final report certifying the
completion of the project and showing the total cost of the project and whether the cost is
greater or less than the cost originally estimated. If the total cost of the project is less or
greater than the cost shown in the report prepared prior to construction, the board may
revise the assessment charged on each lot or parcel of land pursuant to subsection (a) of this
section to reflect the total cost of the project as completed, and in so doing shall, in the case
of an assessment increase only, follow the same procedure with regard to notice and
providing each owner of assessed property the right to appear before the board to move for
the revision or correction of such proposed reassessment as required for the original
assessment. If an assessment is decreased, the board shall, by resolution and written notice
to the sheriff of the county in which the community enhancement district is located, cause
the next installment or installments of assessments then due and payable bye each affected
property owner to be reduced pro rata, and shall provide written notice to such property
owners of the amount of such decrease by the deposit of such notice inr the United States
mail, postage prepaid.
(d) The value of the projects financed with the assessments shall be treated as a credit
toward any impact fees related to the service or services protvided levied under article
twenty, chapter seven of this code.

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