Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-6-5 - Removal of Obstructions From Roadway5.1. Procedure for Effecting Removal of Obstructions. The procedure for effecting the removal of any obstruction, as defined in W. Va. Code, § 17-16-1, from the right of way limits of any state highway, shall be as follows: 5.1.a. Notice. The County Maintenance Superintendent or District Utility Supervisor, as appropriate, shall notify the owner or the person responsible for the obstruction that he or she is violating the law in placing, or causing to be placed, the obstruction within the highway right of way limits, and that immediate steps must be taken not only to remove the obstruction, but also to make any necessary repairs resulting from the existence of the obstruction.5.1.b. Additional Notice. In the event of failure or undue delay on the part of the owner or the person responsible for the obstruction to remove immediately the obstruction, the County Maintenance Supervisor or District Utility Supervisor, as appropriate, shall notify the District Engineer of the circumstances relating thereto. The District Engineer shall notify the responsible party by letter to remove the obstruction. If the obstruction is not removed within ten (10) days, the Commissioner, or his duly authorized representative, shall then cause a written notice to be served upon the owner or person responsible for the obstruction in the manner provided by law for service of notice or process, notifying the owner or responsible person to remove said obstruction within ten (10) days from the date of service of the notice. If, following service of the notice, the obstruction is not removed within ten days the Division will remove the obstruction. The costs and applicable penalties for the obstruction removal will be the responsibility of the owner or responsible person of the obstruction. The assessment and collection of costs will be pursued in accordance with W. Va. Code § 17-16-3, 4 and 5.