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Huntington committee finds 2400 Fifth Avenue a public nuisance, will seek court injunction
Summary
The Huntington Public Safety Committee voted to find the former Flint Pigments site at 2400 Fifth Avenue a public nuisance and authorized moving to Circuit Court to seek a mandatory injunction requiring remediation by the property owner, Everett Hannah Properties LLC.
The Huntington Public Safety Committee voted to find the property at 2400 Fifth Avenue — also referred to as 2401 Fifth Avenue and known historically as the Flint Pigments property — a public nuisance and authorized city staff to pursue a mandatory injunction in Circuit Court to force remediation.
City Attorney Scott Damron told the committee the resolution (listed in the packet as "20 20 4 r 1 30 1") is filed under West Virginia Code §8-12-5(22) and is supported by affidavits from the fire marshal and the chief building inspector. Those affidavits include photographs the city says show buildings partially torn down or collapsed and piles of junk and trash that create safety hazards and an "attractive nuisance" that draws vagrancy and risks personal injury.
"The property we're talking about is the old Flint Pigments property," Damron said. "As you can see from the resolution, we've recited the reasons that we believe this property is a public nuisance." He told the committee the city could pursue abatement through the Unsafe Building Commission but is electing to seek a mandatory injunction in Circuit Court because of the property's size and likely remediation expense.
Committee members moved and seconded the resolution; the committee approved the finding by voice vote. The transcript does not record individual yea/nay votes or identify the motion mover and seconder by name. The committee's action authorizes the city to proceed with court action to require the owner, Everett Hannah Properties LLC, to remediate the site.
The resolution packet, Damron said, contains the fire marshal and building inspector affidavits and photos documenting the conditions. The city attorney said the primary aim of the court request is to obtain injunctive relief compelling remediation rather than having the city pay to clean up the site.
Next steps: the city will initiate Circuit Court proceedings seeking a mandatory injunction. The transcript does not record a timetable for filing or further hearings.
