CITY OFFICIALS WRANGLE OVER PROPERTY CODE

After nearly two years of wrangling over a minimum property standard for Cape Girardeau, the city's board of appeals on Thursday turned the matter over to the city council.

But following a two-hour meeting of the council and the board, it's still unclear what action the council will take.

Ralph Flori, chairman of the board of appeals, urged the council to approve the measure as recommended by the board -- essentially the Building Officials and Code Administrators (BOCA) version of a national property maintenance code.

"The board is just getting a little tired of this whole situation," he said. "We'd like to have it out of our hands."

But some of the city council members derided the code Thursday as unnecessary government intrusion and regulation.

"The point anybody has to assume when government gets in the business of regulation, is that it's going to go from bad to worse," said Council Al Spradling III. "Let's start with that presupposition."

"I agree with Al," said Councilman David Limbaugh. "The city ought not be trying to regulate everything."

But Councilman Melvin Gateley sided with Flori. He said the city needs a maintenance code to "make Cape Girardeau sparkle even more than it does now."

The property maintenance code mandates that property owners keep their buildings at a national maintenance standard or be subject to penalties. Enforcement would be triggered by a complaint.

The board of appeals spent more than 18 months studying various codes before recommending in July a slightly amended version of the BOCA code.

But, after it made sweeping changes in the code, the council sent the measure back to the board.

Appeals board members said the council changes so altered the code that it would be worthless if adopted. They then sent their original recommendation back to the council, prompting Thursday's joint study session.

Although there were many sections of the code council members objected to, Spradling and Limbaugh questioned the need for the law on philosophical grounds.

"The purpose of the code should be safety and health, and too much of this addresses aesthetics," said Spradling.

The councilman also claimed that the law would burden low-income property owners and tenants whose homes violate the code, but who can't afford to make improvements.

"How are we going to enforce this on the little old lady on a fixed income who can't afford to fix up her house?" Spradling said. "Are we going to consider her ability to pay in this?"

But Flori said there would have to be "some heart" in the law. "We need to have standards," he argued. "There are people growing up in this world with no standards."

Spradling said: "That's the wrong focus of the city, the wrong focus of the inspection department, and the wrong focus of this code."

He called the measure "social engineering" by the city.

Limbaugh said the city council can't rely on the kindness of the community to help out when a city-enforced maintenance code prompts hardship.

"When we're talking about enforcing the letter of the law, I don't think we can rely on the magnanimity of the community," he said.

Councilman Doug Richards said he also feared the effect the law would have financially strapped property owners.

"When does it end if someone simply does not have the means to fix up their property?" Richards said.

Limbaugh compared the property code's effect to the national minimum wage law aimed at helping low-income workers, which, he argued, netted higher unemployment.

"The logical extension of that, if they can't comply and they are in violation by occupying the structure, they would be forced to move out and have no housing," Limbaugh said.

Spradling said low-income citizens reside in most of the substandard homes and apartments in the city. By imposing the code on landlords or homeowners who are unable to afford or justify the needed repairs, fewer low-income housing will remain on the market.

"What's going to happen is they're going to walk away from them, the tenants are going to be evicted, and they're not going to have anyplace to go," he said.

But Cape Girardeau Fire Chief Robert Ridgeway, who also attended the meeting, said a property maintenance code is vital to maintaining safe structures.

"From my 32 years experience in fire service I can tell you, if you've got a maintenance problem, you've got a safety problem, invariably," Ridgeway said.

The council is expected to again take up the issue at a future council meeting.