Answers to frequently asked questions about the First Due Fire Fee.

Where Can I find Ordinance 2024-02 : Ordinance of the City of Weston Replacing all Prior Ordinance to Municipal Service Fee and Creating a First Due Fire Fee?
You can request to see all ordinances of the city by visiting the city building. Additionally, this ordinance can be found here.

How do I know if I am in the Weston Fire Department’s first due area?
You can view the map here.
For those who live near the line, you can get a more precise answer by calling either the Lewis County 911 Center or the Weston Fire Department.

When was this ordinance passed?

The ordinance received its first reading on March 4, 2024, and its second reading on April 16, 2024.

When did this ordinance become effective?

As stated in the ordinance:

“This ordinance shall become effective the day after all legal procedures for protesting this ordinance expire.”

Under WV Code 8-13-13, residents may file a petition signed by 30% of the qualified voters protesting the ordinance within 45 days following the expiration of the second Class II legal advertisement. The second advertisement expired on May 1, 2024. That 45-day period ended on June 15, 2024, and the ordinance became effective on June 16, 2024 .

But wasn’t a petition filed?

Yes. A petition was submitted. However, the Lewis County Clerk, as keeper of the voter rolls, determined that the petition fell short of the 30% threshold required to send the ordinance to a public election. As a result, the ordinance remained in effect.

Doesn’t the ordinance say the billing system would be effective July 1?

The ordinance does state that the billing system would be implemented beginning July 1, 2024, but this refers to the start of billing, not the legal effective date of the ordinance itself.

Some people disagree with the City’s timeline and interpretation of the law.

We are aware of these concerns. For this reason, the City sought outside legal counsel to receive a third party opinion. The findings of Steptoe & Johnson, PLLC  states ”It is our opinion that the Ordinance became effective on June 16, 2024 and that nothing has been done since that time to change that effective date.”

If billing was supposed to start July 1, 2024, why didn’t it begin until 2025?

After the petition effort and requests from state officials to review the matter in a special session of the legislature, the City Council voluntarily delayed billing as an act of good faith.

Although the legislature ultimately passed a bill related to first due fire fees, no legislation was adopted that affected Weston’s ordinance. Billing thus began in 2025.

What other acts of good faith has the City made?

• Reduced commercial rate: The Council reduced the fee to $0.09 per square foot for commercial properties.
• Monthly billing: The City opted for monthly billing to make payments more manageable.

How much money will this raise for the Fire Department?

After adjusting the commercial rate, correcting address data, and considering collection rates, the City currently estimates the ordinance will raise about $350,000 annually for the Weston Fire Department.

What is the goal of raising this money?

The primary goal is public safety.

The City aims to ensure two firefighters are always on duty, so no one is ever sent to an emergency alone. The best practice, according to the State Fire Marshal, is the “2 in/2 out” standard (two firefighters entering a scene while two remain outside ready to relieve them – a total of 4 firefighters). While staffing to that level may not be immediately achievable, this ordinance moves the City closer to that standard.

What about the County fire fee?

On average, the county fire fee has covered only about 4% of the combined Weston Fire Department’s budget, while county calls make up roughly 50% of responses.

For years, City taxpayers have paid annual fees and taxes covering nearly the entire budget of the Weston Fire Department, even though they are only responsible for about half of the calls.  In effect, City taxpayers have effectively subsidized county residents by making up the difference through their taxes. The new fee addresses this imbalance.

Why not just raise the County fire fee?

The City has long supported raising the county fire fee. However, because the fee remained unchanged for years, the burden on City taxpayers became untenable and unfair. The City had to act to protect its residents.

Will I still have to pay my County fire fee?

No. If you live in the Weston Fire Department’s first-due area and are paying the City’s fire fee, you will not also be charged the County fee.

What if I find an error on my bill?

While both the County and the City work to align billing records, errors may occur. If you believe you’ve received a bill in error, please contact the City. We will gladly review and correct mistakes.

Why does my bill say “Weston Sanitary Board / City of Weston”?

The City is consolidating services into a single “City Bill” system, similar to neighboring municipalities. This approach creates efficiencies and saves money for taxpayers, ratepayers, and fee-payers.