ORDER OF PUBLICATION
IN THE COUNTY COMMISSION OF FAYETTE COUNTY,
WEST VIRGINIA
IN RE:
530 GATEWOOD ROAD,
OAK HILL
WILLIAM AND BARBARA DIXON
COMPLAINT
Comes now your Complainant, the Fayette County Dilapidated and Beautification Committee (“Committee”), and represents unto the County Commission of Fayette County, West Virginia, (“Commission”) the following:
1. The property located at 530 Gatewood Road, Oak Hill, is owned by William (Deceased) and Barbara Dixon, 3718 Lochgelly Road, Oak Hill, West Virginia 25901, and can be found on Tax Map 14R, Parcel 43, Taxing District 02 Plateau. The Deed is listed in the Office of the County Clerk of Fayette County, West Virginia, in Deed Book 503 at page 76.
2. Pursuant to Article 3.1 of the Fayette County Dilapidated and Beautification Ordinance (“Ordinance”), a verbal complaint was received on April 27, 2017, at the regular meeting of the Committee regarding the condition of said property.
3. The nature of said complaint was that:
a. The property is unfit for human habitation due to dilapidation;
b. Defects exist that increase the hazard of fire, accidents or other calamities;
c. There is an accumulation of debris;
d. There is overgrown vegetation.
4. The complaint was investigated and information was obtained from the Fayette County Sherriff’s Tax Office, pursuant to Article 3.2 (A)(1), the Fayette County Commission Clerk, pursuant to Article 3.2 (A)(2), the Fayette County Assessor’s Office, pursuant to Article 3.2(A)(3), The Fayette County Health officer, pursuant to Article 3.2 (A)(4) and the County Fire Departments, pursuant to Article 3.2 (A)(5) of the Ordinance.
5. The Committee conducted a site visit on April 27, 2017.
6. A Notice regarding the complaint and aforementioned violations was mailed to the property owner on May 23, 2017, by certified mail, but returned as not deliverable and unable to forward.
7. A second Notice regarding the complaint and aforementioned violations was mailed to the property owner at an updated address on June 18, 2018, but returned as no such number and unable to forward.
8. To date, the property has continued to deteriorate and no improvements have been made since the last site visit on February 22, 2018.
The Complainant recommends the following action to rehabilitate the property:
Complete demolition and removal of all buildings or dwellings on this property within 30 days. All debris to be disposed of in a manner consistent with the applicable laws.
Upon acceptance of this Complaint by the Commission, the Commission is required to serve the owner of the land at issue with a copy of the Complaint in the manner set forth in Rule 4 of the West Virginia Rules of Civil Procedure.
Pursuant to W.Va. Code section 7-1-3ff(f), within ten (10) days of the receipt of this Complaint from the Commission, the owner of the property must file a written request for a hearing upon said Complaint with the Clerk of the County Commission. Should the owner fail to do so, the Complainant requests the Commission issue an Order implementing the recommendations of the Committee.
In the event the owner of the property requests a hearing, the Complainant requests the Commission set this matter for a hearing within twenty (20) days of the receipt of the request for a hearing.
WHEREFORE, your Complainants PRAY that the Commission schedule a hearing, pursuant to the provisions of the Ordinance and W.Va. Code section 7-1-3FF(F), to consider and accept this Complaint, publish said hearing date and time, as notice of the Complaint’s consideration, to the property owner and any other interested party, and grant such other and further relief as it may deem appropriate.
Respectfully submitted,
Allen Ballard
Fayette County Dilapidated and Beautification Cmte.
Aletha Stolar
Fayette County Dilapidated and Beautification Cmte.
9-7-FRI-2-RH; LG 138476
ID: 138476