MORGANTOWN – The city of Morgantown is suing Metro Rental II and ABB Construction after it claims they failed to abide by their building permits and violated multiple Stop Work orders.
The city has the authority to require a permit as a condition precedent to the erection, construction, repair or alteration of any structure or any equipment or part of a structure which is regulated by state law or municipal ordinance, according to a complaint filed July 20 in Monongalia Circuit Court.
The city claims the defendants have applied for and obtained two permits for work on its property on Willey Street and, on May 2, the city engineer met Charles Wamsley, an employee of Accelerated Construction to discuss sidewalk construction.
The city engineer specifically informed Wamsley that the sidewalks were not included in the building permit, that a separate building permit application with site plane would be required and that a permit from the West Virginia Division of Highways would also be required, according to the suit.
The city claims on July 14, the city engineer e-mailed the defendants’ agent, noting that they had improperly constructed a sidewalk without a permit or inspection and that additional work outside the scope of approved building permits appeared to be ongoing, including construction of additional sidewalks and grading and repaving of a parking area.
Morgantown issued two Stop Work orders to the defendants on July 14, but the defendants have violated or directed the violation of the laws through the performance of work at 331 Willey Street that is not described in approved building permits, according to the suit.
The city claims the defendants continue to engage in the unpermitted work and/or intend to continue with the work at 331 Willey Street.
The city is seeking injunctive and declaratory relief, as well as the costs of the civil action. It is being represented by Ryan P. Simonton.
Monongalia Circuit Court case number: 17-C-280
