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WHEELING -- An ordinance that would target properties with evidence of illegal drug activity may soon be in the works in Wheeling.
Wheeling City Council's Public Safety Committee heard a proposal by Police Chief Shawn Schwertfeger on May 20 to adopt a Drug House Ordinance in the city.
Such an ordinance would allow the Wheeling Police Department to file an abatement order on a property owner given documented evidence of drug activity, prostitution or other "vice" crimes on the premises, Schwertfeger said.
The ordinance would require evidence of two misdemeanor-level crimes within a 12-month period at a property, or one incidence of felony-level drug transaction, for an abatement order to be served. Such abatement would typically mean eviction, Schwertfeger said, but could include other measures.
The Public Safety Committee, chaired by Councilman Dave Palmer, plans to move forward with the idea and develop the ordinance in a work session. The ordinance would then have to be passed by City Council and would require a public hearing.
"We're always looking for additional ways to address the issues that we're clearly facing, such as drug problems," Schwertfeger said. "I think it is a beneficial tool that can be used to try to clean up some of our neighborhoods and some of the rental properties."
Through the Drug House Ordinance, once an order of abatement is served by municipal court, the property owner would have to comply within 30 days. After that period, a municipal judge could take action with a fine that would increase incrementally, Schwertfeger said.
The ordinance also would apply to both rental and owner-occupied properties, he said.
Other cities in West Virginia, such as Martinsburg, Clarksburg and Fairmont, have seen considerable success after implementing a Drug House Ordinance, Schwertfeger said. Wheeling's ordinance would be modeled after those cities' ordinances, he said.
After contacting Martinsburg's police chief, Schwertfeger learned that the city implemented the ordinance 42 times since adopting it in 2017 and saw a 90-percent reduction in calls for service at those 42 addresses, he said.
City Solicitor Rosemary Humway-Warmuth said Wheeling's legal department is aware of the ordinance and its effectiveness in other municipalities. She further said the ordinance would supplement, and not conflict with, the city's existing nuisance ordinance.
As far as abatement, alternatives to eviction could include requiring cleaning up the property, vetting of tenants or hiring a watchman to be present on the property at night, Schwertfeger added.
Councilwoman Wendy Scatterday asked Schwertfeger how to allay concerns landlords might have over potential over-utilization of the ordinance.
"There's no zeal here to try to use it," he responded. "I think among property owners, there is some concern that we might take action just based on a complaint. That's not accurate. There has to be solid evidence of criminal activity. We have to have documented evidence."
Schwertfeger added that he hopes the mere existence of the ordinance would prompt property owners to take action.