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Charleston sues West Side nonprofit over fire, refuse fees

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By Giuseppe Sabella

The city of Charleston has sued a nonprofit community group on the city's West Side, alleging that the agency owes the city more than $42,000 in fire and refuse fees.

The lawsuit was filed Wednesday in Kanawha Circuit Court against HOPE Community Development Corporation. The complaint alleges that the fees are owed on a total of 35 properties.

Rev. Matthew Watts of Grace Bible Church is the agency's president and chief executive officer. Watts said Wednesday afternoon that he didn't know about the lawsuit until a reporter contacted HOPE Development, and that he needed to review the lawsuit before commenting on it.

Watts has led HOPE Community Development Corp. -- the acronym stands for Helping Others Pursue Excellence -- since 1997. In a 2015 interview, he said the agency was focused on "empowering the inner city through spiritual renewal, education, employment and training and economic development."

Charleston requires the owners of homes or other buildings to pay a fee for fire protection and refuse service. Some of the refuse fees go toward the weekly collection of garbage and recycling, according to the city's website. The money is also used to provide residents with black garbage bags and clear refuse bags, a perk city residents have received for decades.

Atkins and Ogle Law Offices, based in Buffalo in Putnam County, is handling the lawsuit. City Attorney Paul Ellis said the city contracted with Atkins and Ogle about two years ago to handle collection of delinquent fees, and the law firm coordinates with the city collector's office.

City Attorney Paul Ellis said his office is not handling the case.

"I've got three lawyers, and ... to go through and file multiple suits to collect on fees would shut my office down," he said.

Ellis said the city tries to collect delinquent fees before seeking outside help.

"These are all accounts the city's already attempted collection on by sending letters, phone calls, that sort of thing," he said.

Jamie Atkins, managing attorney for Atkins and Ogle, said HOPE CDC's delinquent fees are among the highest on his list of Charleston cases. Much like the city, his office first sends a collection letter, he said.

The letter notifies organizations of delinquent fees and gives them 30 days to respond. It also outlines how to make a payment, or how to dispute the claim in writing.

No response means the debt is considered valid, Atkins said. It was not clear what response, if any, the office received before it filed the complaint against HOPE CDC.

"It certainly wasn't resolved, and I don't believe there was a response in this case," Atkins said.

Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or follow @Gsabella on Twitter.


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