Hotel Faces 56 Fire, Health Violations
By ANTHONY GAYNOR, Staff WriterAccording to court records, the owner of a Randolph County hotel closed by an injunctive order Thursday failed to correct 38 fire code violations and 18 health citations issued in May. Deputies with the Randolph County Sheriff's Department evacuated America's Best Value Inn on the Beverly Five-lane after inspectors returned this month and found no improvements.
According to the Petition for Emergency Injunctive Relief filed in Randolph County Circuit Court, Randolph-Elkins Health Department Registered Sanitarian Cindy Cross inspected the premise and found numerous violations on May 22. The petition states that owner Roger Fussell was informed of the violations in May, and an additional inspection on Sept. 16 revealed that Fussell failed to remedy the 18 violations.
"The Randolph-Elkins Health Department has confirmed that said violations are a nuisance affecting the public health of an occupant on the premises," the injunction states. "If said violations are not restrained, prevented and abated ... irreparable harm will result, both to the public health and environment."
Some of the health violations include: coffee pots and food service items being washed in the mop sink; several of the rooms were in overall poor condition with wall paper peeling, stained or needing replaced; carpet worn or damaged; leaking tubs and toilets; dirty filters in air conditioners; refrigerators not working; signs of water leaks such as stains on ceilings or a strong sour odor; and furniture upholstery in worn, dirty and/or poor condition; premises not maintained. In addition, there were several maintenance issues including soiled laundry piled on the walkway outside of the rooms; clean laundry and linens stored on the floor in one storage area, and in another area it was stored in a manner that would not keep them clean; the plumbing system is in poor repair; and the premises is not maintained in a manner to minimize safety issues.
In an affidavit, Assistant State Fire Marshal Edsel Smith states that he inspected the facility on July 10 and found 37 fire safety violations. Fussell was sent a copy of the investigation report and was requested to have a plan of correction submitted to the state fire marshal's office. However, Smith stated that he returned on July 23 and again on Sept. 15, both times issuing the same 37 violations.
Smith's statement says he returned again on Sept. 24, issued the same violations and found one additional citation.
"No corrections have been made with regard to the citations, and no plan of correction has been submitted to the state fire marshal's office during the time frame of the first inspection on the 23rd day of July and today's inspection, the 24th day of September," it states in the affidavit. "In my official capacity as assistant state fire marshal, it is my professional opinion that the citations pose an extreme imminent fire and safety hazard and if this establishment is allowed to remain open, the risk to public safety is substantial."
Smith states in the affidavit that the active operator of the establishment has been given ample opportunity to correct the violations and has failed to do so.
The 38 violations fill seven pages and include: failure to install a fire alarm system; the laundry room was not separated with the proper one-hour rated construction or doors; handles were not in compliance due to height, location and size; need for repair to emergency lighting and emergency lighting in interior corridors and stairs; the integrity of the electrical equipment and connections were damaged; sufficient access and working space were not provided and maintained about all enclosure equipment to permit ready and safe operation and maintenance for the equipment. Other violations were due to the laundry/mechanical room not being properly ventilated.
According to Randolph County Sheriff Jack Roy, the building was locked down and all occupants - both staff and guests -were evacuated.
Randolph County Circuit Court has scheduled a hearing on the injunction for 8 a.m. Wednesday.
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ltlabner
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09-28-08 5:30 PM
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I agree with Audy.. I stayed in that Motel once when all my relatives came in and my bed was taken so me and my wife stayed up at the Mill Creek Motel beside the tastee freeze (bob's place). I woke up the next morning with welts all over my body as if bed bugs had bit me. Also the mattress's were so worn out that the sides were rounded off and I fell out of bed twice. Also the door blew open once due to the lock didn';t work. A homeless guy slept in the back and you could smell his smoke coming thru the heater or a/c in the wall. It ***** in other smoke from other rooms. What a place. But they did change the sheets and clean towls as Audy Haze states. I could smell marijaunta smoke that night too. Seems like some smoke in these rooms to evade getting caught. The resturant next to it is owned by the same family and they control the prices especially during hunting seasons. They raise them!! I would like to see some competition like the gasoline supplier (Woodford oil).
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fedupas1canbe
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09-27-08 10:39 PM
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Gee whiz, audyhaze, you seem to know an aweful lot about that hotel in mill creek. lol Just givin ya a hard time, struck me as funny. haha
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audyhaze
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09-27-08 9:33 PM
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If you think this is bad, go to Mill Creek and stay in Valley View Motel. You can smell the ***** and cigaretts and dope they smoke in other rooms. It filters back thru the doors, air/heat duct. Mattress's are so old the springs in them punch you. And they charge 60 bucks per night. They do give you clean sheets and towls... but the floor carpet is filthy. Rooms reek of tobacco and boos and some smell of dope.
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WVNative
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09-27-08 12:31 PM
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May Elkins should round up their slumlords and make them stay at this lovely hotel for six months...they would get an idea of what they are offering to others. It is time the officials in Elkins stop lining each others pockets and get rid of these slumlords.
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fedupas1canbe
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09-27-08 10:02 AM
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The magistrate position is an ELECTED position and this should be a wake up call to the voters of this county. The day i was in court for this 2 others families also lost on the same circumstances. Hopefully he is not big buddies with judge in circuit court and they do something about him and all of his other rentals.
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fedupas1canbe
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09-27-08 9:56 AM
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This is no surprise to anyone that has ever rented from mr. fussell. I sued him last year, had pictures of garbage in my attic 3 feet deep, no heating system, no running water,leaking roof, faulty electric, no fire alarms and many other violations to numerous to list. I rented this property because i was told i could do the repairs and when i started fixing things and deducting it from my rent, he sued me..AND WON!! The magistrate we appeared before was riggleman which i later learned was a good friend and drinking buddy of mr. fussell. Mr. riggleman gave me absolutly no consideration of the evidence i presented and i LOST. Maybe there is some pocket lining going on here.
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JRBEAR2008
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09-27-08 3:56 AM
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well that is the poorest motel i have ever heard of it needs some major repairs before it can reopen i have never heard of a motel in that kind of condition
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