West Virginia City Sues Owner of Vacant Building for Fees and Access

Posted by: Curt Varone June 21, 2016 2 Comments

The City of Bluefield, West Virginia is suing the owner of a former supermarket for inspection fees and to allow firefighters access to the building for purposes of preplanning.

The suit is based on a 2015 ordinance that imposes a $1/square foot inspection fee on buildings larger than 20,000 square feet that are left vacant for more than 180 days. According to the suit, a company called K-VA-T owns 36,000 square foot structure that formerly housed a Kroger Supermarket, but that has been vacant since 2012.

City Manager Dane Rideout wants the fee paid, and Fire Chief Rick Cary wants access to the building. According to Chief Cary “Vacant buildings that we do not have access creates more of a problem for us. Not only do we have to make an egress into this building, causes more damage if there is a fire or small fire. Now we would have to replace that door or window we took.”

The $36,000 inspection fee was due on March 3, 2016.

WVVA TV Bluefield Beckley WV News, Weather and Sports

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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