Judy Guye-Swanson asked the committee if there was anything that could be done to help curb panhandling within city limits.

“My concern today, and I don’t know if there is anything you can do, is the people that stand down on Randolph Avenue and they’re down in front of Citizen’s Bank (of West Virginia) asking for money. We have the church across the street, the Presbyterian church,” she said. “We’ve offered them food; they don’t want food. We’ve offered them work. A member of the congregation lined up a job for him and he didn’t come.

“They’re standing out there day in and day out asking the public for money. One young gentleman made $130. They have said that they don’t need to work because they make a lot more money doing what they are doing now,” Guye-Swanson continued. “Hopefully, there is some kind of ordinance that prohibits people standing on the corner day after day.”

Elkins Mayor Van Broughton said he believes Guye-Swanson raised a good point about the individuals asking for money; however, Elkins City Attorney Geraldine Roberts explained an ordinance would not be possible.

The Inter-Mountain photo by Tim MacVean Area resident Kathy Vance discusses possible options regarding vacant structures within Elkins Monday during the public comment portion of a city of Elkins Public Safety Committee meeting.

“Panhandling ordinances are unconstitutional. … I have spoken to several law enforcement officers in regard to that and have explained to them that there is nothing they can do in regard to those people unless they are breaching the peace or interfering with public walking the sidewalks,” Roberts said.

She added that other cities have attempted to craft ordinances against panhandling but they “went nowhere because they are unconstitutional.”

“If they are out there peacefully walking up and down the street and asking for money, and people want to give them money, that is totally allowed,” she said.

Guye-Swanson also said she was concerned with trash in front of a residence located in the “Third Ward turn” along Harrison Avenue.

Second Street resident Kathy Vance also spoke during public comment and addressed city of Elkins Ordinance 131, which she believes would allow city officials to charge fees for, and subsequently place a lien against, vacant structures.

“The city code says that when rental inspections are done, there is to be a fee of $30 collected per unit — and we are not receiving revenue from that and I think that needs to be addressed,” Vance said. “That is a revenue that those have to be inspected within six years, according to the ordinance.”

She also provided a document from the city of Elkins, which listed names and addresses of property owners and the amount paid for vacant structure fees from March 28, 2017, through March 28, 2018. Those properties included 27 Moore St., 309 Main St., 1506 Lavalette Ave., 1309 Livingston Ave., 214 Diamond St., 109 Wilton St. and 32 Moore St. The total amount of revenue collected from those structures totaled $3,600, according to the document.

“If you look at that list, none of those seven properties listed there are currently on the vacant structure list. The one for 1309 Livingston Ave. was the fire and the lady who lives beside of it spoke at the last public safety meeting about the concerns she had with rodents and cockroaches,” she said. “That property became vacant on May 25 of last year, that’s when the fire was. So, technically, they don’t have to pay a vacant structure fee until after the first year it has become vacant.”

Vance said per the ordinance, a residence that qualified as a vacant structure must be registered by the homeowner within 30 days of meeting the criteria. If that is not done, the owner can be fined, according to the ordinance.

A building or structure is deemed to be vacant if no person or persons conducts a lawful business or lawfully resides in the residence, or if the exterior maintenance and major systems of the building and the surrounding property are in violation of building codes or health and sanitation codes, according to the ordinance.

“The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building upon adoption of this section or to pay any fees required to be paid pursuant to the provisions of this section within 30 days after they become due, shall constitute a violation punishable upon conviction thereof by a fine in the amount of not less than $100 nor more than $500 for each failure or refusal to pay a required vacant building fee, as applicable,” Vance read from the ordinance. “In such cases, whenever the minimum fine of $100 is imposed, it shall not be subject to suspension or reduction for any reason.”

Vance added the ordinance allows for a lien to be placed on the structure for nonpayment of fees.

“The city may take action to sell the subject property by means of forfeiture and the court-ordered enforcement process to collect the debt owed the city. Should the city take the steps necessary to sell the subject property, the city shall do so, subject to all liens and real and personal property taxes that are due,” the ordinance states. “Purchasers of the subject property shall be similarly responsible for registration pursuant to this section in the same manner as the prior owner and must begin the registration process anew if said property remains vacant.”

“The way I’m looking at this and this ordinance was passed September 2011, these people aren’t paying a vacant structure fee so therefore the city has the right to put a lien on that property and sell it by forfeiture by not paying vacant structure fees,” Vance said.

Public Safety Committee Chair and Fifth Ward Councilman Dave Parker said the committee would look into the issue but no action was taken during Monday’s meeting.

The Public Safety Committee meets the second Monday of each month in room 212 of Elkins City Hall.