ELKINS — The first reading of the Unsafe Buildings and Land Ordinance passed at Thursday’s Randolph County Commission meeting despite objects from Randolph County Sheriff Mark Brady.

“I have never been consulted about the ordinance, and I believe that I should be consulted about that ordinance,” said Brady. “I too have concerns regarding the enforcement of the ordinance, which will rely on the safety of the residents and also the safety of the deputies.”

The Randolph County Sheriff is listed as part of the enforcement committee detailed in the draft ordinance and Brady said he should be included in meetings regarding the ordinance.

“I do believe that it could be a little over reaching into people’s land rights, and I don’t want to see that happen,” Brady said. “We should all listen to each other and develop ordinances that are in the best interest of everyone.”

Brady acknowledged that there are issues with vacant and dilapidated properties in the county and a lot of the “drug people and some of the homeless folks are using those places to distribute drugs, and we have issues with those.”

“I think we need to take a look at this and bring it back so it’s not as broad, and I do believe we need to sit down and have meetings with the stakeholders who are going to be involved in this ordinance,” he added. “I would encourage the commission to either table this ordinance until all the stakeholders can be involved. Let’s get it right so we can enforce it the correct way without being over reaching on the citizens and without jeopardizing the lives of the residents and jeopardizing the lives of deputies and any law enforcement involved. I just want to make sure that we’re all on the same page and we all understand each other.”

The ordinance, which was presented at town hall meetings in Coalton, Harman, Mill Creek and Montrose, was drafted with the goal of regulating “the repair, alteration, improvement, vacating, closing, removal, or demolition of unsafe or unsanitary structures and the clearance and removal of refuse or debris, overgrown vegetation, toxic spillage or seepage on private land” as provided under chapter 7, article 1, section 3ff of the West Virginia State Code.

Randolph County Commission President Mark Scott spoke on the ordinance during the meeting. In May, the commission contracted with the West Virginia Land Use Law Clinic and Sutton Stokes, who made recommendations for the ordinance with consideration of public feedback.

“One question that came up was the fact that people said that they trust this current commission, but their concern was what happens with future commissions down the road,” Scott said. “One suggestion that was made during the town hall meeting in Coalton was to include a sunset provision in the ordinance.”

He said after five years, the ordinance would have to be reauthorized.

“During that time period, the way the language reads, we can repeal it — or future commissions can repeal it — at any time. They don’t have to wait for five years,” Scott said.

Commissioners decided to include the sunset provision as part of the draft.

“This ordinance is taken directly from the permission that is given in state code 7-1-3ff,” Scott said. “Without an ordinance, there are no laws for us to enforce. 7-1-3ff gives us the ability to enact an ordinance.”

According to Scott, the commission has looked at five different ordinances over the course of the last three years.

“In order for the enforcement committee to take action against a landowner, (the property) first has to be deemed unsafe,” Scott said. “What’s contemplated in this ordinance are conditions on property that are considered unsafe and are considered unsafe by the enforcement committee.”

Scott additionally stated that, unless otherwise given permission by landowners, private property cannot be accessed for investigation without a court order.

Scott also additionally addressed what could be done in a situation wherein a property owners who are elderly or cannot afford the remediation of their properties.

“We have had a group of dozens of volunteers who have stepped up and said that if there’s a situation that can be cleaned up, we would have rapid response teams that would be available to go with a litter control officer if the property owner signs a waiver for them to go on that property and clean that property up,” Scott said. “(The ordinance) is not punitive. It’s not designed to be punitive. It is designed to help people.

“What we are asking for is the ability in those situations where someone who ignores us, refuses or absolutely will not respond to us that we have the ability to, through the court system, work out a plan to remediate those properties,” said Scott. “If they still refuse to do so, this has the ability to fine.”

Commissioner Chris See stated that he would like to see some changes made to the draft ordinance — making it still enforceable but less restrictive if possible.

A motion to approve the first reading of the Unsafe Buildings Ordinance passed with Scott and Commissioner David Kesling voting in favor, while See opposed.