By Stephen Smoot
Since assuming the office of Shinnston City Manager, Tori Drainer has maintained a consistent campaign on all possible fronts for “safe, sanitary, habitable housing, but monitored” to improve in terms of number and quality the in-town housing stock. To accomplish that mission in an effective and efficient fashion, Drainer shared that the City has proposed “amendments to have a few new ideas brought to the table.”
Earlier this year, a dangerous structure within city limits collapsed into US Route 19. The City of Harrison, Harrison County, and State of West Virginia all combined efforts to restore safe conditions and traffic flow as quickly as possible. Officials hope that more efficient enforcement of building codes and laws can prevent such issues in the future.
According to the West Virginia Department of Revenue, “the enabling statute empowered municipalities participating in the program to be creative in addressing local problems by implementing ordinances, rules, and regulations not otherwise available because of the various one-size-fits-all statutes that apply to all municipalities.”
Home rule, thus, legally means that participating city and town governments have more latitude to solve their own problems in their own ways. The first approved for home rule were Bridgeport, Charleston, Huntington, and Wheeling. Today, Annmoore, Clarksburg, Fairmont, Farmington, Nutter Fort, and Shinnston in this area have Home Rule status.
Cities must submit a home rule plan as part of their application, but can amend that plan. For example, home rule allows municipalities to impose a one percent sales tax as part of their plan. Shinnston did not apply the tax in the original plan, but added it by amendment in 2020. In the 2024 annual report, Drainer shared with the State of West Virginia that “The City of Shinnston has had a broad use of these funds with assisting the pay of police to add to our force, upgrade equipment, and use for other miscellaneous general fund items. Starting in 2025, the City would like to adopt a five year strategic plan to direct the spending of this additional revenue.”
She added later in the report that having a plan for the funds in place would answer questions of citizens about the use of taxed funds.
Critics of home rule claim that most city and town governments only apply to obtain the taxation authority, but Shinnston has done more with the concept. The City has proposed eight amendments to home rule, many of which will make administration and the enforcement of laws and codes more efficient.
First, the City desires “on the spot code enforcement citations” for certain common violations, such as unreasonable accumulations of exterior garbage, unsightly growth of vegetation, unsafe debris on private property, and other issues. Currently, the Shinnston City Council must pass separate ordinances to approve enforcement on each offense.
Next, the City seeks a “shortened period of forfeiture” of structures almost or already uninhabitable and whose owners have a track record of “refusal to address code violations.” Currently, owners have two years plus 120 days worth of due process under the law. The City of Shinnston seeks to shorten the period to “12 months of non compliance” and Drainer noted “two years is a lot when you think of it.”
A third proposed amendment does not address dangerous properties, but will help the City to save time and money in another important fashion. As of now, the sale of any municipal property over $1,000 requires putting the item out to bid at auction, which in itself costs money. The amendment will allow the city to sell property valued at under $10,000 on its own terms. Specifically, vehicles will be sold as to blue book value instead of what the price at auction ends up as.
The next amendment would also allow the City to make important financial decisions more quickly. It would permit the City to have first right of refusal when tax delinquent properties go up at the County tax sale. All too often, county tax sales are frequented by out of state buyers looking to pick up properties cheaply, then hold, but not develop or improve them.
Many West Virginia municipalities saw their towns fall into disrepair and disrepute due to building slowly falling apart and no legal recourse to address them. In recent years, legislation and policy changes by the West Virginia State Auditor’s Office have addressed the problem. The City of Shinnston assuming this authority would give them the opportunity to purchase the property for the public weal and/or to protect against structures in key areas falling into disrepair.
The City also has proposed that it have the power to place liens on properties for fines or other charges left unpaid. For example, if a property owner fails to maintain landscaping, the City has the authority to mow the grass and also charge the property owner for the service. Should that charge go unpaid, if this amendment passes, a lien will be placed on the property.
Shinnston’s seventh proposed amendment would require the registration of rental properties. Drainer explained that “there are a high rate of rentals in non compliance. Some are not even registered as businesses.” She noted that this cheats both the City and State out of revenues while also perpetuating unsafe living conditions for some living in these domiciles.
Finally, the City wishes to have the power to “authorize intergovernmental agreements by resolution.” The current law requires two different readings at meeting, publication of a public notice, and other mandates. Drainer explained that, if passed, the amendment would allow the Council to approve agreements to work with other cities, Harrison County, the State of West Virginia, or a federal government entity by resolution on a single up or down vote.
Drainer researched the proposals at length prior to bringing them to City Council. That included examinations of how other municipalities have implemented the policy through both looking at ordinances and also talking to other local officials around the state. She said “home rule has a website. You can see which cities have which ideas.” .
