BOCA CODES DEBATED; TENANTS, LANDLORDS DIVIDED OVER ISSUE

ity officials in Cape Girardeau will have their work cut out for them if they expect to reach a public consensus on a proposed minimum property maintenance code.

At a meeting Thursday night of the Board of Appeals, landlords and tenants debated the merits of a proposal to adopt the 1990 Building Administrators and Code Officials (BOCA) minimum property maintenance code.

About 65 people attended the meeting at City Hall. Proponents of the measure generally sat to one side of the council chambers opposite landlords and property owners.

Much of the comments focused on landlord responsibilities for property maintenance versus tenant responsibilities.

Ralph Flori, a local plumbing and heating contractor and chairman of the Board of Appeals, said the board last month began to review the 1990 BOCA minimum property maintenance code.

"It was felt by the city that we need some type of building maintenance standard because there are some people who refuse to recognize common decency and maintain minimum property standards for themselves or their tenants," Flori said.

Several tenants and other proponents of the code complained of property that had deteriorated to the point it was unsafe and unsanitary.

But others said the BOCA code for property maintenance is too sweeping and would impact all properties for the sake of the "few that are a problem."

Chantal Geiser, who said she owns about 110 rental units in Cape Girardeau, questioned whether the city would contact the landlord if a tenant lodged a complaint about a potential violation of the code.

"If we were invited by the tenant, we would enter the property and inspect it," said Rick Murray, the city's supervisor of inspection services. "In all probability, no, we most likely would not notify the property owner."

Geiser said the measure unfairly "attacks rental property owners," who eventually are likely to be forced to pay for inspections through fees.

But Flori said the city doesn't intend to charge inspection fees nor does it plan to inspect every property.

Murray said there's little the city now can do with dilapidated structures of any kind short of condemnation a lengthy and expensive process. The property maintenance code would enable city inspectors to identify violations and force property owners to take responsibility.

If a property owner refuses to correct a violation, he could be subject to fines and, or, imprisonment in city jail.

The measure also identifies tenant responsibilities, an issue many landlords said should be strengthened.

Walter Wright said he's had tenants move out owing rent for an apartment they damaged and leaving behind their trash. He said it's nearly impossible to collect for the damages. "If I'm going to be penalized for this, I think the tenant ought to be penalized," he said.

Murray said Columbia's property maintenance code provides for a fine to be levied against tenants who file false reports against property owners.

Willis Seagraves said he favored the property maintenance code because it would help ensure that former single-family homes remain in good condition when they're converted into rental units.

"The more rental units you get around you, the more your property value runs down," he said. "A rental property just isn't taken care of as well as a home.

"You're protecting everybody as far as I'm concerned."

Cecilia Sonderman, one of the citizens who spearheaded efforts recently to revive the minimum property maintenance code after it was dropped two years ago, related examples of the paltry condition of some rental properties in the city.

"I just think Cape Girardeau is too good of a city and too fine to let this go on," she said.

Michael Sterling, president of the local chapter of the National Association for the Advancement of Colored People, said the "majority of renters" in Cape Girardeau favor the code.

"Contrary to popular belief, it does not take less for us to live than you," he said.

But Frank Bean, a local developer who also owns apartment buildings, said he didn't think the code was needed.

"I visualize that every time I have a tenant, we'll have an inspection, and every time the property is sold, we'll have an inspection," Bean said. "We're taking a shotgun out here when we have a little rifle problem."

Bean said the BOCA code would "put people out on the streets" because it would raise rents to pay for upgrades to low-cost housing.

Geiser said most property owners aren't concerned about the measure. But landlords like herself rely on renting property as a means of income, and could be adversely affected by the code.

"This is my bread and butter. I wouldn't worry about this code if it was just my house," she said. "But if I can't rent my units and keep them rented, I can't pay my bills."