IN THE CIRCUIT COURT FOR JEFFERSON
COUNTY, WV
JEFFERSON COUNTY
PROPERTY SAFETY
ENFORCEMENT AGENCY,
Petitioner vs. 7211 Queen Street, Middleway
JOSEPH O. BITNER AND BARBARA A. BITNER,
Respondents/Owners of
Subject Property
Order of Publication
Case No. 16-P-84
Be it known that the object of the above referenced action is to enforce a property safety order issued against the subject property to its owners and the Petitioner respectfully requests that this Court exercise its authority under West Virginia Code Section 7-1-3ff to enforce a final order of the County Commission for safety mitigation order entered with respect to the subject property by the Jefferson County Commission on June 4, 2015.
The parcel of property at issue is located at 7211 Queen Street, Middleway, in Jefferson County, West Virginia; which is designated as Deed Book 512, Page 726; and Tax Map 22B, Parcel 0026, in the Middleway Tax District; and is designated as Property Safety Enforcement Agency Case No. 14-002.
The Petitioner respectfully requests that this Court enter an Order providing the following relief:
A. The County Engineer, his staff and any agent or contractors bidding on or conducting remediation at the subject property be granted the right to access the subject property in order to bid and to complete remediation previously ordered by the County Commission;
B. The owner of the subject property co-operate with said remediation and not interfere nor impede the entry and remediation ordered herein;
C. The owner of the subject property pay the costs of remediation incurred by the County and any contractor hired to conduct said work within 30 days of receiving written invoice of same.
D. The owner of the subject property pay within 30 days of receiving written invoice of same the $25/day penalty imposed upon him by the Order of the Commission dating from June 4, 2015 until such time as the Order of the Commission has been satisfied by remediation as ordered.
E. The owner of the subject property pay the costs of this proceeding including reasonable attorney’s fees.
F. That Judgment be entered against the owner of the subject property for any amount unpaid after 30 days set forth in items “C” “D” and “E” above.
G. That a Judgment Lien for any unpaid balance be recorded by the County Clerk against the subject property.
H. That the Sheriff of Jefferson County may also enter the subject property to assist in the enforcement of said order as the Sheriff deems necessary for the safe and orderly execution of this Court’s order, and
I. Such other relief as the Court deems just and equitable.
Wherefore, it is Ordered that the owner or any person claiming an interest in the subject property serve upon the Prosecuting Attorney for Jefferson County, WV, 201 N. George St., P.O. Box 729, Charles Town, WV 25414 an Answer or other defense to enforcement of the Property Safety Order at issue on or before the 13th day of June, 2016, otherwise judgment by default will be taken against them at any time thereafter.
A copy of the complaint may be obtained from the undersigned Clerk of the Circuit Court of Jefferson County, WV.
Entered by the Court, or the Clerk thereof, this 4th day of May, 2016.
Laura E. Storm, Circuit Clerk
By: B. Chalk, Deputy Clerk
5/11/2t