CITY COULD FACE AN UPHILL BATTLE FOR PASSAGE OF MINIMUM CODES

Beset with recent criticism of the way it handles building inspections in Cape Girardeau, City Hall might face an uphill battle for passage of a proposed minimum property maintenance code.

The city council will get its first look at the code Monday. The issue is on the agenda for discussion during the council's study session, and supporters and opponents of the measure have vowed to pack the council chambers when it's presented next month at the regular council session.

The Building Officials and Code Administrators (BOCA) minimum property maintenance code was recommended to the council by members of the city's Board of Appeals, who wrangled with landlords over the measure.

But after fielding two complaints recently regarding inspection services, the city council might resist a measure that will expand that office's regulatory reach.

Rick Murray, supervisor of inspection services, said the city staff is convinced there's a need for some legislation that will give the city the authority to mandate minimum property standards.

He said the BOCA code is what has been recommended by the city's Board of Appeals, which is comprised of contractors from various building trades.

"There are a couple things going for the BOCA code," Murray said. "One is that it's a tried and true code and has passed all the legal tests. Secondly, it's probably the most minimum code that's been written for any kind of enforcement tool."

The city has debated the need for such a code for several years. But when a group of citizens last year urged that action be taken to force landlords with decrepit property to upgrade their rentals, the city resurrected the issue.

Subsequently, the BOCA minimum property maintenance code was embraced, then amended slightly to accommodate some of the concerns of appeals board members.

In the process, the city staff studied Columbia, Paducah, Ky. and other cities that have a minimum property maintenance code to learn what might be the most effective tool of regulation.

But landlords have said there's no need to regulate all property owners because of the abuses of a few. Frank Bean, who owns several apartment buildings in Cape Girardeau, has portrayed the BOCA property code as "killing a mosquito with a sledge hammer."

Bean is quick to point out that few cities in Missouri have a minimum property maintenance code.

"I have to ask, if this thing's so all-fired great, then why have only a couple cities adopted it," he said.

Bean also is critical of the expanding regulatory reach of the city administration. He envisions the property maintenance code to be a particularly encroaching measure that, eventually, would result in inspections for every tenant change and registration fees for landlords.

Murray admitted the inspections division has expanded over the years, but he denied its been because of increased regulation of the building trades.

"It's been due entirely to increased development, not legislation," Murray said.

However, the minimum property maintenance code would be an instance when the staff and inspections would increase solely due to legislation.

The city's budget, if the ordinance passes, has earmarked money for an additional inspector, a vehicle and incidentals.

"I suspect in two to three years, we're going to have to hire an additional two to three people to take care of that aspect," Murray added.

But he said fears such as Bean's are unwarranted. Murray contended that property maintenance code inspections will be done only on a complaint basis.

"The only way that would ever change is by a major, concentrated effort by the citizens to go before the city council and change it," he said. "It's a long uphill battle just to get that basic code passed."

Murray said the conservative bent of a majority of Cape's citizens would prevent a maintenance code from becoming too intrusive.

In the past, the city staff has taken the position that the private sector, through market forces, would on its own resolve the problems of inadequate and shoddy housing.

"But based on the complaints of citizens, private industry is not getting it done," Murray said. "I kept hearing over and over again that the private sector will take care of it on their own. There's enough evidence out there that that's not happening."

"From the staff's point of view, we do see a need out there."