Demanding Accountability and Enforcing Animal Control in Fayette County
The Problem:
When Public Service Becomes Non-Response
The current system in Fayette County is failing its citizens, especially when it comes to the safety of our families and pets.
Our laws are strong, but our enforcement is weak. When a public service is called, the expectation is action, not avoidance.
Fayette County has clear ordinances against dangerous and roaming animals, yet repeat offenders face no real consequence until a crisis occurs. Our Animal Control services too often treat enforcement as optional, leaving citizens unprotected. This pattern of non-response on serious quality-of-life issues is unacceptable.
The Solution: Targeted Enforcement, Resolution, and Mandatory Accountability
We must stop accepting non-response as a public service. I will champion a new policy plank focused on accountability, using the powers already vested in our County Commission and the West Virginia Code.
Pillar 1: Chronic Problem Resolution Metrics
We will end the culture of optional enforcement by focusing on solving ongoing problems. I will mandate that the Fayette County Commission require and publish quarterly reports from Animal Control.
The Metric: We will track the ratio of chronic, documented animal control complaints (e.g., three or more reports on the same owner or property within a quarter) versus the number of final resolutions achieved (e.g., court-ordered remedies, impoundments, or maximum fines secured).
The Goal: If the department receives repeated complaints about the same dangerous dog owner but achieves zero resolution, the public will know, and the County Commission will demand a correction. Accountability is measured by results, not by ignoring the problem.
Let me be clear: This policy is not about predatory policing or writing petty tickets for minor issues. It is about demanding action against the chronic, serious violations created by the small minority of repeat offenders who put our neighbors and pets at risk. The goal is a high number of resolved problems, ensuring our public servants secure justice for Fayette County families.
Pillar 2: Formal Citizen Oversight and Magistrate Support
Our public servants must answer to the public, and our existing legal system must be utilized effectively.
Citizen Oversight: We will require all non-responsive agencies to establish a publicly accessible portal to track citizen complaints about non-response or misconduct. A summary of these complaints will be a standing item on every County Commission meeting agenda. This places continuous political pressure on the County Commission to demand performance.
Magistrate Support: We will push for improved coordination between Animal Control and the Magistrate Court to ensure that once a citation is issued, it is processed quickly and repeat offenders are held fully liable under the law. We must support our Magistrates by delivering cases with the diligence required to secure effective penalties.
The commitment is simple: We will enforce the laws already on the books, provide citizens with the ability to measure that enforcement, and ensure that chronic non-response is a thing of the past.
It is time to make accountability mandatory, not optional, in Fayette County.
Preserving Fayette County: Proposed Smart Short-Term Rental Reform
We are proposing comprehensive Short-Term Rental (STVR) regulations to protect our local neighborhoods and ensure housing remains available for the people who live and work here, while sustainably supporting our vibrant tourism economy.
Our proposal seeks to implement three core principles:
Protecting Residential Areas: We would impose new limits on STVR density and ownership exclusively within Residential Zoning Districts. This measure preserves the residential character of our neighborhoods while allowing STVRs to operate freely in Commercial and Mixed-Use zones.
Prioritizing West Virginia Residents: We would establish a strict County-Wide Cap on the number of STVRs owned by Non-Resident Entities. This is a critical step to prevent large-scale investment from converting our homes into seasonal rentals, thereby protecting our local housing supply.
Community-Focused Zoning: We would establish density caps for every neighborhood, guaranteeing that the majority of homes in any defined area remain dedicated to long-term residential use. For areas near the New River Gorge National Park, we propose a special Overlay District with adjusted limits to support tourism, while still maintaining essential protections for local residents.
This proposed reform balances growth with community preservation. It upholds private property rights while putting control back into the hands of local residents.
A Local Ordinance to establish mandatory inspection and licensing for long-term residential rental units in Fayette County, West Virginia.
Section 1: Findings and Purpose
The Fayette County Commission finds that mandatory periodic inspection and licensing of long-term residential rental properties are necessary to proactively enforce the safety and health standards set forth in W. Va. Code §37-6-30 (Implied Warranty of Habitability) and the International Property Maintenance Code (IPMC). The purpose of this ordinance is to ensure that all residents of Fayette County have access to housing that is fit, safe, and habitable, with a specific focus on maintaining safe environments for children.
Section 2: Definitions
Enforcement Authority: The Fayette County Health Department and the Fayette County Building Safety Department, acting jointly or individually as required by their established jurisdictional expertise, including any County-Certified Third-Party Inspector utilized as defined in Section 3.
Long-Term Rental Unit: Any dwelling unit, or portion thereof, leased or rented for thirty (30) or more consecutive days.
License: The Residential Rental License issued annually by the Fayette County Health Department.
Certificate of Compliance: The documentation issued by the Enforcement Authority confirming that a rental unit has passed the safety inspection.
Section 3: Mandatory Licensing and Fee Schedule
Requirement: All property owners renting a Long-Term Rental Unit must obtain a Residential Rental License from the Fayette County Health Department annually. The issuance of this License is strictly conditional upon the prior issuance of a valid Certificate of Compliance.
Annual License Fee: The annual license fee shall be $100.00 per rental unit. This fee is only due upon the successful passing of the required inspection and shall be dedicated exclusively to funding the administrative overhead, staffing, training, and enforcement activities of the Enforcement Authority. This fee is a user fee for public safety administration and shall not be diverted to the County General Fund.
Inspection Costs: The cost of obtaining the required inspection and Certificate of Compliance shall be the sole financial responsibility of the property owner/landlord, separate from the annual license fee.
Section 4: Mandatory Safety Inspection
Initial Inspection and Pre-License Requirement: A Certificate of Compliance is required following a satisfactory inspection before the initial Residential Rental License is issued. This inspection is conducted at the landlord’s expense. The landlord shall only pay the $100 license fee after the Certificate of Compliance is issued.
Renewal Inspection Schedule: After the initial Certificate of Compliance is obtained, a subsequent Certificate of Compliance is required for license renewal only once every five (5) years. This inspection is also conducted at the landlord’s expense.
Inspection Standards: All inspections shall utilize the minimum health, safety, and structural standards established by the International Property Maintenance Code (IPMC), as adopted by the County.
Minimum Inspection Scope: The inspection shall specifically verify the safety and habitability of the following critical components, focusing on conditions that threaten the health and safety of occupants, particularly children:
Essential Utilities: Verification that the Water Service, Electric Service, and sewage disposal systems are in safe, working order and meet current code standards.
Interior Health and Safety: Assessment of the overall health and environment inside the unit, including:
Absence of pervasive mold, mildew, or severe water intrusion.
Absence of damaged walls, ceilings, or floors that pose structural or environmental hazards.
Verification of adequate heating, ventilation, and sanitation to ensure the dwelling is an environment where children can reside safely and healthily.
Tenant-Initiated Inspection: A renter may file a formal, sworn complaint with the Enforcement Authority detailing conditions that violate the IPMC or state habitability law. This complaint shall mandate that the Enforcement Authority conduct an inspection of the rental unit within ten (10) business days. This inspection is conducted at the landlord’s expense, provided a violation is found. Initiation of the formal enforcement process and imposition of penalties will occur only upon the inspector’s confirmation of a code violation.
Section 5: Enforcement and Penalties
The Enforcement Authority shall impose penalties for non-compliance as follows:
Operating without a License:
For a first offense, a fine of $250 shall be imposed.
For a second offense, a fine of $500 shall be imposed.
For a third or subsequent offense, a fine of $1,000 shall be imposed, along with a mandatory hearing before the County Commission.
Failure to Correct Health/Safety Violation:
For a first offense of failing to correct a violation after the specified deadline, a fine of $100 shall be imposed for each day the violation persists.
For a second offense, a fine of $250 shall be imposed for each day the violation persists past the deadline.
For a third or subsequent offense, the penalty shall include the Revocation of the Residential Rental License until full compliance is achieved.
Section 6: Tenant Protections
Prohibition of Retaliation: A property owner shall not retaliate against a tenant for exercising their rights under this ordinance, including reporting a code violation, filing a complaint, or requesting an inspection.
Prohibited Actions: Prohibited retaliation includes, but is not limited to, termination of a lease, substantial increase in rent, or unreasonable decrease in essential services.
Section 7: Implementation and Transition Period
Effective Date: This Ordinance shall become legally effective thirty (30) days following its final passage by the Fayette County Commission.
Compliance Deadline for Existing Units: All property owners of Long-Term Rental Units existing on the Effective Date of this Ordinance shall have until January 1st of the calendar year immediately following the year of passage to apply for the Residential Rental License and obtain the initial Certificate of Compliance.
New Rental Units: Any residential unit converted to a Long-Term Rental Unit after the Effective Date must comply with the licensing and initial inspection requirements prior to the first tenant occupying the unit.
Enforcement Preparation: The Enforcement Authority shall, within ninety (90) days of the Effective Date, submit for County Commission approval:
A Landlord Compliance Checklist detailing the minimum safety requirements.
A written process for the Certification and oversight of Third-Party Inspectors to ensure quality and accountability.
Enforcement: Enforcement of penalties listed in Section 5 for operating without a license will not commence until the Compliance Deadline set forth in Subsection 2.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.