Following a blight designation on four properties on Columbia Avenue and Lincoln Street, the Seward City Council discussed how the city enforces code violations in homes.
During the board’s Jan. 2 meeting, Councilmember Sid Kamprath said he asked for the topic to be on the agenda so the council can look at how violations have been and are currently handled in case it wants to do something different.
The city council directed Building/Zoning and Code Enforcement Director Ed Gonzalez to be more aggressive when handling code violations during discussion on demolishing the building on 132 South Fifth Street, which was damaged by a fire in December 2016.
The city gave its owners a notice to demolish on Feb. 1, 2018. But after the property owners took no action, the city sent out a request for proposals in May to demolish the building at its own cost.
The building was later purchased, and its new owner plans to repair the building to use for residential and commercial space
At the Jan. 2 meeting, Kamprath said the council gets a regular report on home violations, and some properties have been on that list for around 12 years.
Kamprath said he was concerned about consistency and that the process is complaint-driven. He wanted to know what the city could do to prevent homes from falling into disrepair.
“It doesn’t just happen overnight,” Kamprath said.
Mayor Josh Eickmeier said the city has a process that it used before the council requested the city be more direct. The end of that process is demolishing a problem building.
Eickmeier said the city budgets $15,000 for demolitions. The city can bill the property owners for demolitions, but it risks not recouping that money. When the city ordered the demolition of the downtown building, its estimated cost was $10,000.
Instead, Eickmeier said the city tries to work with homeowners to fix issues.
In the case of the downtown building, the city was perceived as not moving fast enough, Eickmeier said, but now that the process is more direct, the city has been criticized for moving too quickly on problem properties.
“Part of the issue I think we have as an administration is kind of this Goldilocks conundrum. Everyone has different opinions on whether we’re going too fast or too slow. Is it too hot or too cold? Too hard, too soft?” Eickmeier said. “And so trying to find the right balance is what makes that kind of enforcement tricky.”
Since the council’s directive to be more aggressive with problem properties, Eickmeier said city employees have made contact with homeowners, so the city will see more activity with those homes, though some code violations are inside the buildings and can’t be seen from the outside.
However, he said every situation is different. Some homeowners may not have the means to fix issues, or in some cases, it may be a business that could choose to move out of town.
If property owners need a time extension to address problems, Eickmeier said the city typically allows it.
He said if the council does not like the process, it can change how things are done.
Regarding the complaint-driven process, he said the council could direct the city to enter homes to inspect code compliance, though he added he was not proposing that idea and described it as “police state.”
“You’ll definitely get phone calls about that,” Eickmeier said.
Another idea is that the city could start a rental permit process, where rental homes need to be inspected before a tenant moves in.
Eickmeier said the issue with that is that it could decrease the number of rental homes in town. If a rental property can’t be used, it may fall further into disrepair because its owner isn’t making revenue on it.
Currently, he said the city inspects buildings when they are being sold. In rentals, tenants may not complain about poor conditions because of financial constraints.
He added that the gas company tells the city when service is cut off to a home. When that happens, the home is condemned, which is state law.
Eickmeier said philosophically, he does not like telling people what to do with their properties. But codes are meant to protect the health and safety of individuals and the community.
Councilmember Ellen Beck, whose husband works at Concordia University, said CU students who rent property off campus have gotten sick from mold and exhaust.
“We have problems in this town and people are in unsafe rental conditions,” Beck said. “We don’t want to be busting into everybody’s property, but on the other hand, one little girl was 4 years old and she ended up in the hospital in Omaha.”
Eickmeier said in those cases, tenants need to call city hall.
Once that happens, City Administrator Greg Butcher said the code enforcement director would inspect the home and contact the owner, ordering an abatement of the issue. If the problem is bad enough, the property could be condemned.
However, if the building is condemned, the tenants will be evicted.
“Which is the worst thing that you could imagine because it’s not their fault, possibly,” Butcher said. “But now, they’re dealing with the circumstances of dealing with a child that may be sick with mold… and now they don’t have a place to live.”
Eickmeier said in these cases, the city can contact organizations like the Red Cross to help those tenants.
Butcher said if property owners do not abate problems, the city will ticket them. He said each day the issue exists could be another violation.
Some cases may go to the court system.
Beck suggested inspections for rental properties, especially apartments. She said those buildings are a business and collect rent, so they should be expected to be safe.
She also said city employees could be encouraged to “stop and see” complaints and their progress. Another suggestion was to contact CU’s student life department to provide information on how students can report unsafe living conditions.
Overall, City Attorney Kellyy Hoffschneider, who said he represents several municipalities, said Seward has a small list of problem properties in comparison to other first class cities.
“The city should be commended for having such a small list,” Hoffscheider said.
amanda@sewardindependent.com
