MINIMUM HOUSING CODE NEEDS STUDY, SAYS BOARDS

CAPE GIRARDEAU -- Two city boards the Planning and Zoning Commission and the Board of Appeals this week agreed that the city should consider adoption of a minimum-property-maintenance code.

The Planning and Zoning Commission Wednesday tabled consideration of the code until after a public hearing on the matter, scheduled for Feb. 11.

Thursday, the Board of Appeals also tabled action on the code until after the public hearing. But both boards agreed that the code should be studied further.

About nine rental-property owners attended Wednesday's meeting.

City Planner Kent Bratton said at Thursday's Board of Appeals meeting that most of the property owners who attended the Planning and Zoning Commission meeting were concerned that a new minimum-property-maintenance code would be enforced too stringently.

"Enforcement, if taken to the nth degree, would require inspections on all changes of occupancy," he said. "But we're not recommending that."

Bratton said the city has insufficient resources to inspect every property when there's an occupancy change. He said the city staff's main concern is to adopt a code that would assure there aren't health or safety problems with structures.

The city planner said that if the code is adopted, it would be enforced on a complaint basis only.

The city now has little authority to enforce minimum property maintenance standards and can only condemn structures that are severely dilapidated.

"I think (a maintenance code) would allow us to become involved at an earlier stage and hopefully arrest problems so we don't get to the point where we have to condemn property," Bratton said.

"It would be less costly to property owners and would certainly save us some time and effort in the end."

But some of the members of the Board of Appeals Thursday said they were concerned that the Building Officials and Code Administrators (BOCA) guidelines for minimum property maintenance could be too restrictive.

Chairman Ralph Flori Jr. said the code, depending on how it was enforced, could create a "nightmare" for property owners and the city.

"There are a lot of things written into this thing that could really open a can of worms," Flori said.

"If you've got some legal-eagle inspector, he could really wreak havoc in this town. You'd be able to find problems with every house in town."

But Bratton said it wouldn't be the inspectors' intention to inspect every city structure.

"We're not going to run around and inspect every house," he said. "The (Planning and Zoning) Commission did recommend that if the council adopts this code, they draft a clear policy statement on enforcement."

Board member Tom Phillips said he also feared there might be enforcement problems with the code.

"I think it's a very good code, but I would refer it back to the city to see if they can police it," he said. "They're going to have to show that they have the muscle and ability to do it."

Bratton said the city staff is recommending the code be adopted.

"From our standpoint, yes, we'd like to have it," he said. "But if we don't get it, I won't be heartbroken because I think we're doing a pretty good job now.

"But from the staff's standpoint, this would make life easier for us, there's no question about it."

Board member Roy Halbert said he thought the code needs further consideration. He also said he favors the BOCA version of the code over a separate guide.

The city this year revised all its codes when it adopted the 1990 BOCA building, electrical and plumbing codes.

"I still say that we need this to an extent and it should be based on the BOCA code, rather than a separate code," Halbert said. "I think we really should consider this.

"I'm not saying we necessarily know enough tonight, but we should consider it."

City Council members, city staff and Board of Appeals members are expected to attend the Feb. 11 Planning and Zoning public hearing.

Last fall, the city staff recommended the council consider adopting the code to help improve the quality of low-income housing in Cape Girardeau.