Judge: Hotel to Remain Closed
By BEN SIMMONS, Staff WriterAmerica's Best Value Inn on the Beverly Five-lane will remain closed until fire and life safety code violations are corrected, Randolph County Circuit Judge John L. Henning ordered Wednesday following a hearing on the state's petition for injunctive relief.
The hotel was closed Sept. 25 because the owner, Roger Fussell, allegedly failed to correct 38 fire code violations and 18 health citations issued in May. Deputies with the Randolph County Sheriff's Department evacuated the establishment after inspectors 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 Fussell was informed of the violations in May, and an additional inspection on Sept. 16 revealed that Fussell failed to remedy the 18 violations.
In an affidavit, Assistant State Fire Marshal Edsel Smith stated 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.
During Wednesday's hearing, Randolph County Prosecuting Attorney Frank Bush called Cross and Smith to testify regarding their findings during their inspections.
Cross told the court the hotel is in overall "poor" condition. She said some of the health violations she witnessed included coffee pots and food service items being washed in the mop sink; the wall paper in some rooms is peeling, stained or needing replaced; the hallway carpet is worn and damaged; dirty filters in air conditioners and a refrigerator was not working in one room. In addition, she said there were several maintenance issues including soiled laundry piled on the walkway outside of the rooms.
According to Cross, the plumbing system also needs repaired. She said there are visible signs of water leaks including stains on ceilings and a strong sour odor in some rooms. She said multiple tubs and toilets were also leaking.
During his testimony, Smith said Fussell was given ample time to correct the violations, but failed to do so. He said the biggest problem is the hotel has no fire alarm notification system.
He said other violations include the laundry room is not separated with the proper one-hour rated construction or doors; handles are not in compliance due to height, location and size; emergency lighting and emergency lighting in interior corridors and stairs are in need of repair; the integrity of the electrical equipment and connections were damaged. He said there are about 20 separate electrical code violations.
"Many of these violations, I feel are extremely dangerous," Smith said.
Fussell represented himself during the hearing and asked the court to consider allowing him to keep the hotel open while he makes the repairs. He said he has attempted to hire an electrician, but none have come to give an estimate.
"It appears from all the testimony that has been made that the hotel is in bad repair," Fussell said. "I'll be the first to admit it's not perfect. We don't charge $125 per night, we charge $50. All of the guests have the opportunity to inspect the rooms before they stay. If they are not satisfied, they can leave. No one is forced to stay. No one is coerced to stay."
Fussell said the hotel was built in 1983 and no substantial changes have been made since. He said he believes patrons could be safely evacuated from the premises in case of fire because the building it is made of concrete.
"That hotel is probably the safest hotel in Randolph County," Fussell said.
Fussell also called head front desk clerk Hilda Sura to testify.
During her testimony, Sura told the court she has worked at the hotel for a year and a half and no patrons have complained of electrical or plumbing problems.
After hearing the testimony, Henning ordered the hotel remain closed until Fussell makes the appropriate repairs.
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MountainGirl1
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10-05-08 12:39 AM
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I stayed in this hotel 2 weeks ago when passing through Elkins. My room was very clean, the tub/shower appeared to be new, the refrigerator worked great. I never smelled anything other than cigarette smoke as I passed the smoking rooms. The lobby was clean, maybe the carpet was a bit worn but not to the point I thought it needed to be replaced. I honestly saw nothing wrong with my room or the first floor. I agree that the county and the chain should have done inspections sooner, if the allegations are true this place didn't get to that shape over night. Obviously somebody wasn't inspecting the place very often. And my room charge was 55.00.
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GRizzly56
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10-02-08 9:14 PM
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bETTE4R OFF CLOSED UNTIL ALL REPAIRS ARE DONE?? HEY WHY DON;T YOU SELL IT TO SOME INVESTORS = WE DON'T NEED ANOTHER HOTEL OR MOTEL GET SOMETHING LIKE A BIGGER RECREATION CENTER??OR DOCTORS OFFICE BUILDING?
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JRBEAR2008
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10-02-08 7:30 PM
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thats a good thing the judge having that place closed down it will be truly amazing if he ever gets that place up to the hotel motel standards now he got what was good for him thats nasty leaking tubs and bathroom fixtures if it was $50.00 a night i woundent stay there either.
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fedupas1canbe
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10-02-08 6:14 PM
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He got exactly what 90 percent of the people of randolph co. knows he deserved. He claims to only charge 50 a night and i called LAST year and they charged 70. He is a liar and a poor business man. If anyone has ever been there to see him in his office they know what a filthy hole it is. And if anyone smells a rat it probably came out of one of his rental properties, and i use the term very loosely
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WVNativeHotelGM
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10-02-08 5:57 PM
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I am originally from WV. My mother called me and told me about this article. I've been in the hotel industry for 21 years. I started out in economy lodging and worked my way up to the big boys. While I don't know this particular property, I know the industry. Shame on Randolph County for letting the hazards go as long as it has. ANY fire violation should have been acted upon immediately. But too big of a deal is being made out of the linen and coffee pots. Every hotel in Elkins is hoping they aren't next. Coffee pots were washed in the mop sink? Okay....Was the sink clean? We ALL use sinks for different uses....She said sink not toilet. Brands have different standards. The franchise should have inspected and said "This isn't good enough to have our flag on it" but for the county to wait and then shut it down is ridiculous. I smell a rat.
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WVNative
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10-02-08 12:24 PM
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The owner states "if they (guests) are not satisfied, they can leave". What kind of businessman is he? Obviously one with very little management skills and no standards of living. What kind of guest would want to stay there? The kind that you don't want staying there!
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