Warren County Building Code Appeals Board reverses June decision on ‘technicality’

Warren County Building Code Appeals Board held a public hearing on Thursday to hear an appeal concerning a June 13, 2018 Notice of Violation for work performed by Buracker Construction on the home of Bentonville resident Kristie Sours Atwood.

Prior to that ruling, County Building Official David Beahm agreed that five building code violations that should have been cited were missed during the inspection prior to the issuance of a certificate of occupancy in July 2016.

Martha Buracker, who was represented by Harrisonburg attorney Joel Francis, appealed all the violations at the hearing, saying that Virginia code required Uniform State Building Code (USBC) sections to be cited for any violations given.

Board member Dan Hotek told the other board members that the five additional violations cited in June should be reversed, on the “technicality” that the proper USBC code sections were not cited for the violations.  It passed by a 3-1 vote, with Wendell Hatcher dissenting.  Board member Paul Thompson was absent from the meeting and David Buracker, husband of Martha Buracker recused himself from the proceedings.

Buracker said following the hearing that she was disappointed with the outcome of the meeting.  She said she felt the violations were a factor of the home being lived in for nearly two years, and the family “trashing” the house.