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Beverly targeting unsightly properties

BEVERLY — There is a new air of authority in the small town of Beverly, one that has added bite to the battle against blighted and unsightly properties within corporate boundaries.

With the recent adoption of the 2015 International Property Maintenance Code, “The Town of Beverly has added teeth to its ability to levy fines on owners that do not keep their property in reasonable repair,” said town attorney Robert Chenoweth.

Beginning last fall with the repeal of an ordinance adopting the 1967 National Building Code and replacing it with the IPMC, Beverly can now regulate and govern the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of applicable structures within town limits.

Published by the International Code Council, the IPMC as revised by the West Virginia State Fire Commission is part of the State Building Code enforced by that agency and operates under WV Code 29-3-5b.

Bill Annon, city of Philippi building code enforcement officer, will work with Beverly officials to determine when a violation of the code exists and will then notify the person responsible in writing, stating the nature of the violation and why it is being issued.

An order for correction will be included that allows for a reasonable amount of time to make the repairs and improvements required to bring the property into compliance with IPMC standards. The owner or authorized agent will be notified of the right to appeal, as well as be alerted of the town’s right to file a lien for non-compliance in accordance with Section 106.3 of the code.

“I always begin by thanking those in violation for taking care of the problem,” Annon said. “I remind that we simply want our town safe and clean and a place we can be proud of.”

Katherine Garvey, director of the Land Use and Sustainable Development Law Clinic at the West Virginia University College of Law, said she sees the adoption by Beverly of the IPMC as the fulfillment of one of the primary goals of the recently crafted Town of Beverly Comprehensive Plan.

“One of the goals of the town’s Comprehensive Plan is to identify housing initiatives that address abandoned and dilapidated housing,” Garvey said, and she calls it “thrilling that the town has already made progress toward this goal.”

The West Virginia Building Code is a set of technical rules and standards for building construction, renovation and safety, and the IPMC “specifically targets dilapidated and poorly-maintained properties,” Garvey said. The initiative was crafted in a cooperative effort between the town, code enforcement officials, local attorneys and attorneys from the WVU College of Law, Garvey explained. The penalty section of the IPMC states that any person in violation who fails to comply with a provisional order “shall be guilty of a misdemeanor” and fined not less than $25 nor more than $500. Each day that a violation continues after due notice has been served will be deemed a separate offense.

“The IPMC is particularly helpful because it allows small towns such as Beverly to enforce property maintenance codes without a town court, since violations written under the code are deemed strict liability offenses,” Chenoweth noted.

Jurisdiction over the enforcement of the IPMC will be with the town’s mayor as codified in WV Code 8-10-1. Mayor Cindy Karelis will serve as magistrate by authority of the town’s charter, rendering judgment on non-compliant violators. The right to appeal a notice or order issued under this code is provided under the IPMC, but written notice requesting an appeal must be filed within 20 days after the day the order was served. Beverly’s five-member appeals board includes Andy Burns, Robin Davis and Dan Kelly and alternates Cliff Pritt and Jim Smith.

A copy of the 2015 IPMC manual is available for viewing at the Beverly town hall during regular business hours, 8 a.m. to 4 p.m., Monday through Friday.

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