KINGWOOD — The Town of Albright is seeking an injunction against a resident who it says placed a home in violation of town and county flood plain regulations.
The town filed suit Tuesday in Preston Circuit Court against Susan Sapp, of Albright. It seeks an injunction ordering the removal of the manufactured home from Sapp’s property, setting a timeline for the home to be removed, authority to enter the property to remove the home, and a judgment for attorney fees, costs and expenses incurred by Albright in enforcing compliance.
Albright is located along the Cheat River and in November 1985 much of the town was swept away in a devastating flood.
According to the lawsuit, Sapp moved a manufactured home onto her Main Street lot recently without obtaining permits or following building procedures as required by the county and town flood plain ordinances.
The property is within the flood plain, “as defined by the Preston County Flood Plain Ordinance and Town of Albright Flood Plain Ordinance,” according to the suit. Any, “structure constructed, reconstructed, enlarged, altered or relocated in noncompliance,” with Albright’s ordinance may be declared a public nuisance, “and abatable as such,” the suit says.
The county ordinance requires anyone placing a structure in the flood plain to complete a permit application. The Albright ordinance requires anyone placing a structure in the flood plain to acquire a permit from the town clerk. In addition, the town’s flood plain ordinance “provides that manufactured homes placed with any flood plain shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated to one foot above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.”
The flood plain in the county ordinance is based on a June 2012 study done by FEMA. The town ordinance is based on the most recent revision of a 1991 FEMA study.
Albright has twice sent Sapp, “notice of her unlawful activities and has ordered her to remove the manufactured home relocated in violation of the Preston County Flood Plain Ordinance and the Town of Albright Flood Plain Ordinance,” according to the suit. She has not responded to the notices, according to the suit.
Sapp has not yet filed a reply to the suit.
Preston County Emergency Management has been working with towns to enforce flood plain ordinances. County Flood Plain Coordinator Clark Nicklow said Thursday that enforcement of the ordinances is required by the National Flood Insurance Program, and FEMA does check on whether ordinances are enforced.
Not enforcing the ordinances could result in federal sanctions. Enforcement is required in order for people to have access to flood insurance, so that the town can receive federal grants and so that the town’s residents are eligible to apply for disaster assistance, if something happens. The federal government now requires flood insurance on any federally backed loan for property too, Nicklow said.
“And ultimately it’s to protect lives and property,” he said.
