The Times West Virginian

Local News

September 5, 2008

Jones Towing case continued

Until attorney can appear before Fairmont Board of Zoning Appeals

By Mallory Panuska

FAIRMONT — A public hearing to address an ongoing property maintenance issue at a local towing business was continued by the Fairmont Board of Zoning Appeals Thursday night.

Danny and Donna Jones, the owners of Jones Towing located at 209 Suncrest Boulevard, were in attendance at the board’s monthly meeting to appeal a claim from the city’s building inspection office that a vehicle impound lot was being run at the property.

But, in the absence of the Jones’ attorney, David Grunau, the couple asked that the case be continued until the attorney could be in attendance to represent their case.

And with conditions that the Jones keep the property cleaned up and do not park any more than three vehicles at a time there, a motion was passed by board members to continue the case until Oct. 2.

City Attorney Kevin Sansalone said the current state of the property is a “substantial improvement” from how it looked when the Jones were cited with the initial violation on Jan. 30.

At that time, Sansalone and city building inspector and board member Scott Jolliff said nine vehicles were parked on the property, which was in violation of the area’s zoning code. Under City Code, the area is zoned neighborhood residential and an impound yard — which board member Ron Straight described as a property where multiple inoperable, wrecked vehicles are kept — is not permitted there.

Sansalone explained that the Jones have the authority to run the business office of Jones Towing from the property but had leased a separate, remote property in a different location to use as an impound lot.

However, officials said that the couple was no longer leasing that property and appeared to be using the Suncrest Boulevard location, where they also live, as the impound yard.

According to pictures taken at the property on Jan. 30 by code enforcement officer Anthony Horton, there were tires and other debris scattered across the ground and a tarp over the opening of the garage below the couple’s residence where the city had ordered a door be put up.

But in pictures taken Thursday before the board meeting, only three vehicles occupied the property, the area was much cleaner and more presentable, and a door had been erected in front of the garage.

“I do thank them and I do commend them for making a substantial effort to clean up (the property) from what it was Jan. 30, 2008,” Sansalone said.

And in the conditions in the motion made to continue the case, Sansalone said that that as long as the couple keeps up the maintenance of the property and parks no more than three operable, properly inspected vehicles there at one time, the Jones will not be cited for any more violations while the case is waiting to be heard and can continue to operate their tow business from the site.

Danny Jones also said that as long as Horton does not come to his property, he has no problem with city officials taking photographs or inspecting the property to ensure that he is abiding by these conditions.

On Jan. 30, Jones accused Horton of trespassing on his property and had him arrested. The code enforcement officer was found innocent on the misdemeanor trespassing and destruction of property charges in court in July, but Jones has made it clear that he does not want Horton to enter his property again.

E-mail Mallory Panuska at mpanuska@timeswv.com.

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