Yard sales irritate Rector Road residents
By PAMELA BRUST pbrust@newsandsentinel.comPARKERSBURG - Rector Road neighbors took complaints regarding ongoing yard sales on property at 907 Rector Road to the Wood County Commission.
The county does not have a yard sale ordinance or countywide zoning. But the state does have regulations regarding yard sales, if no other ordinances apply, and county officials said there may be health department regulations or county salvage yard ordinance regulations being violated in addition to questions from state tax officials about whether the ongoing yard sales constitute a business.
John Reed, county compliance officer, told commissioners initially he went to the property, which is now owned by Ernest Allen, because there was a non-residence trailer placed on the property and the owner did not have a building permit.
"We first received a complaint back in April regarding the property which is located off Rosemar Road on Rector Road, and was purchased by Mr. Ernest Allen. It's an empty lot with a garage, and he moved a trailer out there. We asked him to get a building permit, which he immediately did. The file was closed, then neighbors complained he put a second trailer out there which was allegedly being used to store salvaged materials sold at frequent yard sales. I advised Mr. Allen a second trailer constitutes a mobile home park, which would require a permit and permission from the health department," Reed said. Upon request, the second trailer was removed in a timely manner.
"West Virginia statute states you can only have a yard sale at your residence, unless he obtains a permit to operate as a business. No one lives on this property. If he is selling junked vehicles, or salvaged appliances, he has to have a salvage yard permit and permit from the Department of Highways. In the meantime, an official with the state tax office visited the site and said you can only have four yard sales a year, but he can apply for a business license, and he would be required to pay taxes," Reed said.
According to state tax department regulations, sales of tangible personal property may be made at yard sales without collecting sales tax provided such sales are held no more than four times per year and last no longer than 48 hours each. Persons who regularly and routinely sell goods at yard sales, flea markets or along the roadside are engaging in the business of selling. They must register with the State Tax Department and collect sales tax on such sales. Persons who are not engaged in the business of providing taxable serves may also qualify for this exemption.
"I don't understand, if there is no ordinance, why is there such a fuss being raised? We are not running a salvage yard, there are no junked vehicles, no junk being sold," said Glen Allen, Ernest Allen's son. "I don't see what it hurts for us to have a sale on property that belongs to us, when there is apparently no ordinance prohibiting it. There doesn't seem to be any state or county ordinance against us having a sale, so you just have neighbor complaints. I want to see the law that keeps us from doing this," Glen Allen said.
"The county does have a salvage yard ordinance," said commission President Rick Modesitt. If the county doesn't have an ordinance that applies in other cases, state law, or legislative rule would apply, he noted.
"If it's an ongoing operation and you are engaged in it for a profit, that constitute running a business," said Commissioner Blair Couch.
Gilbert Atkinson, and his wife Monica and another neighbor, Rickey Atkinson told commissioners there are safety issues with people parking along the road, there is no septic system on the property, and they are concerned about the ongoing yard sales' affect on property values.
"People are parking on a single lane road, you can't see over the hill, there have been a lot of accidents in that area as it is, this just creates more of a safety issue," Gilbert Atkinson said.
"We are trying to comply with everything, we told people not to park on the road," Glen Allen said.
"Everyone has built nice homes out there, it's a nice area, there is no septic on this lot. We've seen everything imaginable coming in, being hauled in. Every other weekend they camp out there and have these sales,and there's a traffic on the road, it's like a flea market business, we are concerned about our property values. We just don't want a flea market next to us, devaluing our property," Monica Atkinson said.
County commissioners continued the matter to 11 a.m. Monday when the county officials plan to visit the property.
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iramillwright
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07-05-09 12:35 AM
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To JCB1964 Look around this little county is our world. Also I have traveled and worked all over the United States. From what I have seen you should be gratefull to be backwoods. Here Yes Sir and No Mam Is not a sign of weakness. I have a dollar that says at least one of them is getting a disability check.
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iramillwright
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07-05-09 12:25 AM
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It's been a while sincl I have seen Gill or Rick.But If I remember my Rector Road they worked thier butt off to make what I remember as a extremely nice place I called Atkinson Ville. It doesn't matter how tuff times are, If they are treating a yard sale they should pay taxes. Those guy's didn't lay block and brick all thier life to get that place without paying taxes on every dime they earned,and thier property.
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That1guy
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07-04-09 10:35 AM
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I aggree JSG on this. Being a neighbor is a two way street. The yard sellers should not make it an ongoing event out of respect to thier neighbors. Then again maybe they could set up shop next to cabary's place. That would be a good neighbor.
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Jsg456
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07-03-09 12:42 PM
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So yes you are right we should respect and treat our neighbors like family but the yard sale lot is not a real neighbor. There is not a house on the lot just delabidated trailers that are gutted to hold merchandise. with numerous tables that stay out all day loan everyday. They also have a toilet sitting out in the yard with debris from what looks like an old building. I feel this is disrepectful on the behalf of the people who own the empty lot to the actual people who live in the neighborhood. I think they need to pick up shop and move it to their own homesite. But they obviously don't want to live with it either. How would you like to try and enjoy your day off at home and have dozens of people in and out of the adjacent lot so that you can't even sit outside your home without dozens of eyes looking at you. You wouldn't like it either. We all like going to yard sales but no one wants to live next to a continuous one.
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Jsg456
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07-03-09 12:33 PM
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I have been to these sales and the property is not their residence it is just a lot they decided to have yard sales at. They told me they live in Ritchie county and had just purchase the property and did not plan on living on the empty lot. They seemed really nice but kept the property pretty junked up. The items they sell are different almost every week so they are not selling personal items but probably items they pick up at auctions or other yard sales. If they were selling items to buy life saving medications or to feed themselves then they shouldn't be buying property to have sales on but use their own personal residence to sell the items. If I lived next to this lot I would be upset as well. In these "economic times" you never know when you may lose your job and have to sell your house to avoid losing the shirt of your back. These types of lots decrease surrounding property values. Meaning the residence may have to take a $10,000 or $20,000 lose on the sale of t
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cabaray
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07-02-09 10:09 PM
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I think that in this time of "economic crisis" people would just leave one another alone. Maybe they are having "yard sales" to feed themselves or buy life saving medications. We need to look out for one another and stop being bullies that don't care. Lets start worrying about important things and treating your neighbor as if they were a part of your family.
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linda905
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07-02-09 2:02 PM
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I have been to this place. There is a parking lot, so if someone parks on the road, it is because they don't know what a parking lot is when they see one. I bought a beautiful cabinet for 30 bucks, and later saw one just like it in an ad for 80 bucks. The one I bought had maybe 2 shelves missing. My husband cut 2 shelves for it, and now I have a really nice cabinet for my canned goods. That is all I have to say!!
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MrSmith
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07-02-09 8:42 AM
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Clearly, Rakeer is the owner of, or a frequent visitor to, some of the town's lovely video poker establishments. Have another Natural Light, buddy.
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rae1975
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07-01-09 10:16 AM
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I have been to this so-called yard sale and was shocked as it is clearly a business and not a yard sale. The items are being sold for the same price you would see at an antique store and for more than the items would go for at an auction. These people should set up shop at Rinks.
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WestByGod
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07-01-09 9:25 AM
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yes, there is more to worry about, his name is barak obama
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Rakeer
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07-01-09 9:24 AM
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Sorry that got blotted out, lol,,,U might be a r-e-d-n-e-c-k if your screen name is Tubaman
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Rakeer
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07-01-09 9:22 AM
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You might be a ******* IF YOUR SCREEN NAME IS TUBAMAN!!!
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JCB1964
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07-01-09 8:50 AM
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Isn't there more going on in the world today than worrying about a YARD SALE? No wonder we have a backwoods persona.............
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tubaman
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07-01-09 7:46 AM
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This is a generic problem that can occur anywhere there are undeveloped lots in an area of houses. Some r-e-d-n-e-c-k is going to come along and start storing beer cans there or having a continuous yard sale or whatever. Only a properly-run zoning board, with authority to fine offenders, can prevent this entire city from becoming one giant video poker parlor.
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