Requirements difficult to enforce

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Jim Casada and Stacey Beck-er-Scott just wanted the city's Health Department to enforce the municipal housing code last fall. |ret||ret||tab|

But it took from October 2001 to January 2002, and an appeal to City Council, before a complaint was filed on violations in the north-side home that Becker-Scott is lease-purchasing.|ret||ret||tab|

Health Department Director Harold Bengsch said housing code enforcement isn't easy. It's a balancing of interests that's gets more difficult as each ap-peals court decision is handed down. |ret||ret||tab|

Most recently, Missouri ap-pellate court decisions have "curtailed our ability to gather information to bring before the court." Now in-spectors must ask permission from the alleged violator to go on his property, unless the inspector can see a violation from the street or from an adjoining property.|ret||ret||tab|

With the inspector's information or information from a neighbor, a judge can issue a search warrant for a closer view. |ret||ret||tab|

However, neighbors often fear retaliation and don't want to get involved, Bengsch said. The defendant is entitled to cross-examine all witnesses against him and that includes the person who signs an affidavit in support of a search warrant.|ret||ret||tab|

But without help from neighbors, "we're up a creek without a visible means of locomotion," Bengsch said. |ret||ret||tab|

As for the slowness of municipal court complaints being filed in Becker-Scott's case, Bengsch said slowness is the preferred norm.|ret||ret||tab|

"As long as there is a sustaining effort going on (to make repairs), it has been our policy to work with them and get these things corrected without having to go to court," Bengsch said. However, once a complaint is filed in court, the matter could remain unresolved for several months or years, he added. |ret||ret||tab|

The couple's frustration led Casada to appeal directly to City Council for help. The couple complained that the landlord refused to repair the floor beneath a toilet that kept leaking, among other things. The unevenness of the floor made the wax seal break each time it was replaced, Casada said. |ret||ret||tab|

Finally, the third plumber sent by the landlord refused to replace the seal be-cause he said the rotted floor and the detached plumbing coupling below the toilet was a housing code violation, Casada said. |ret||ret||tab|

But a leaking toilet isn't a major violation, Bengsch said. Casada and Becker-Scott disagreed. Eventually, the city at-torney, city prosecutor, Bengsch and Casada met to resolve the issue, which resulted in the January municipal citation.|ret||ret||tab|

Bengsch said that his office uses the court system, but that means an average of one of the eight inspectors being tied up in court every day.|ret||ret||tab|

Overall complaints investigated by his office for the year ending June 2000 numbered 7,215; in 2001, the number rose to 7,342. As of June 2000, the city filed 363 cases. By June 2001, it had added another 460 cases to the docket. |ret||ret||tab|

Once in court, the municipal judge can fine up to $500 per violation, so multiple violations can be enormous. |ret||ret||tab|

But just getting fines assessed by a municipal judge doesn't mean the issue or the complaints are resolved, Bengsch said. An appeal can be made to the Greene County Circuit Court for a brand new trial, and "who knows when it will come up," he said. |ret||ret||tab|

Bengsch said he was "sorry (Casada) feels things don't progress fast enough. There is a system we have to go through or else the community is going to view us as a Gestapo. It's a fine line to walk, and we're trying to be reasonable on both sides."|ret||ret||tab|

He said if a landlord or property owner shows no evidence of trying to comply with the city's requests, "we are quicker to go to court."|ret||ret||tab|

It also depends on what has to be repaired. "If they have to put a roof up and it's the middle of winter, they are going to have trouble finding a roofer," Bengsch said. |ret||ret||tab|

The time frame of repairs being made "depends on the nature of the problem. If it's a life safety issue heating or electrical it's a shorter time frame." For in-stance, a furnace leaking carbon monoxide or natural gas into a home must be immediately repaired with a follow-up by the health department "24 hours max," Bengsch said.|ret||ret||tab|

As for non-life-threatening violations, "we do not set specific time frames in writing. (Inspectors) are paid to look at the whole situation and make a determination as to what types of priorities should be assigned to these issues and what the inspector feels is a reasonable time." He said the tenant may not feel the time is reasonable.|ret||ret||tab|

Bengsch said his department is not "keen on granting a bunch of extensions, unless we are dealing with a hardship situation." Once a case goes to court, however, the court has the power to grant further extensions, which can frustrate the tenant.|ret||ret||tab|

When a structure "is really bad, we do have the authority of condemnation" but Bengsch said he prefers "working friendly."|ret||ret||tab|

"When you do that, the vast majority of people understand and try to work with you. There's always a small percentage of those who will take advantage." |ret||ret||tab|

Up until last year, the inspectors had the discretion to grant as many extensions as they felt needed, Bengsch said. But the department now requires that Bengsch determine if a second extension is to be granted. |ret||ret||tab|

Last year "I granted no additional extensions, but we sure had a lot of cases that went to court." [[In-content Ad]]