Cape council considers fencing condemned buildings

Dilapidated and damaged buildings often take on a life of their own, creating an unsafe environment in Cape Girardeau neighborhoods and a public-safety nightmare.

The condemnation process is lengthy, sometimes taking more than 300 days to conclude in some cases. Cape Councilman Joseph Uzoaru suggests the city take steps to fence off such properties while efforts are made to have the property owner repair the building, tear it down or ultimately have the city condemn and raze the structure.

Uzoaru pointed out at a council meeting recently the case of one structure on Good Hope Street that was torn down, where "children could just walk into the basement" for weeks.

But city staff said any effort by the city to secure such sites could post a legal liability for the local government.

City attorney Eric Cunningham said if the city puts up fencing, it then assures the safety of the site. If a child gains access to the property and is injured, the city could be found liable, he said.

This house at 1010 Hickory St. is going through condemnation proceedings. (Fred Lynch)

"The minute you barricade it up, the city would have liability," Councilman Mark Lanzotti agreed.

The current condemnation process leaves all the liability with the property owner.

But Uzoaru argued, "We have responsibility as leaders to assume some liability and do the right thing."

A number of council members said they would like to see the time frame shortened to condemn and demolish buildings. Mayor Harry Rediger said,

"It's frustrating to know that it does take some time," he said.

Cunningham said the time frame basically is set out by state laws.

Fencing some properties and not others could open the city to lawsuits, Cunningham told the council recently.

But at the council's urging, city staff members have looked into securing vacant buildings on a case-by-case basis. City manager Scott Meyer said subsequently the city could look to secure dangerous properties at some point during the condemnation process and seek to recover the cost from the property owner. Meyer said many of the structures don't pose a danger. As a result, the city might have to only fence off a couple of sites a year, he noted. He said such a move "makes some sense."

But at this point, the staff hasn't recommended the council make such a move.

Stephen Williams, housing assistance coordinator for the city, has dealt with condemnation of vacant buildings for years. He said the city engages in 15 to 20 condemnations a year. The city is proceeding with condemnation on two southside properties -- 939 Walnut St. and 1010 Hickory St.

Some demolition efforts involve buildings damaged by fires. Others involve structures that have not been maintained.

Williams said the city inspects such structures to determine the extent of damage. If it warrants condemnation, the building owner is required to repair the building to city code or demolish it and restore the site to grade, covering it with seed and straw.

Condemnation includes a number of inspections and notifications as well as a public hearing. The hearing typically occurs 80 days from the beginning, Williams said. It can take about 200 days before the case is referred to the city prosecutor or the city decides to demolish the building.

Demolition by the city, including hiring a contractor and issuance of special tax bills to the property owners in an effort to recover costs, could extend the time frame to 310 days. But typically the entire process takes six months or less, he said.

"There are no fast processes," he pointed out.

Many of the property owners live out of town or out of state, making it challenging to force owners to fix their buildings, Williams said. In some cases, the property owners have died, leaving the city saddled with trying to clean the mess.

In cases where property owners are cooperative, the city often extends the time allowed to fix up the buildings, he said.

There are insurance challenges, too. Property owners often don't have the money to make the necessary repairs until the insurance company pays their claims. But insurers often drag their feet about issuing payments, Williams said. "Insurance companies sometimes don't want to settle."

In many cases, the city ends up tearing down the buildings but finds it impossible to recoup the cost through tax bills.

"The majority of the time, we don't get the money," he said.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

939 Walnut Street, Cape Girardeau, Mo.

1010 Hickory Street, Cape Girardeau, Mo.

401 Independence, Cape Girardeau, Mo.

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Cape Girardeau condemnation timeline

Day 1: Initial notification letter sent to property owner after first inspection

Day 15: 30-day notice mailed and newspaper ad ordered

Day 45: Property reinspected

Day 50: If no compliance, public hearing scheduled

Day 75: Property reinspected

Day 80: Public hearing held

Day 100: If no compliance, building supervisor issues order

Day 130-190: property reinspected

Day 200: If no compliance, case referred to city prosecutor unless city chooses to demolish

Day 220: Demolition contract executed

Day 275: Demolition complete

Day 300: Ordinance authorizing issuance of tax bills approved

Day 310: Tax bill ordinance takes effect

Source: city of Cape Girardeau