LINCOLN -- In a special meeting last week, Lincoln City Council directed its attorney to file a lawsuit in Circuit Court against the property owner of an apartment complex that is considered unsafe and in violation of several state and federal codes and local ordinances.
The Council voted 6-1 Feb. 27 to file a complaint against property owner James Stewart of Siloam Springs. Council member Johnny Stowers voted against the motion.
Stowers, the next day, said he opposed filing a complaint in Circuit Court because the tenants would have nowhere to go.
"There's no doubt in my mind that place needs a lot of work," Stowers said. "But I also know we have no affordable housing in this town. We have a zero vacancy rate."
Even if a house opened up, a tenant would be required to pay rent deposits and utility deposits that would add up, Stowers said.
"Most of these people haven't got it," he said.
The special meeting was called to consider a resolution to declare the complex at 119 N. Carter St., a public nuisance and to condemn the building. If the resolution had been approved, it would have required Stewart to either bring the building up to code or raze it within 30 days. Stewart also would have had the option to appeal to Circuit Court.
City Attorney Steve Zega said Stewart's attorney asked if the Council would table the resolution. Stewart's attorney claimed his client was not given enough time to respond and that he was not aware of any problems at the building.
Zega said the city followed its ordinances in notifying Stewart about the special meeting and the resolution.
Zega also passed on to the Council that Stewart's attorney told him, "My client will take care of any problems to the city's satisfaction."
Council members discussed the condition of the property and the safety of those living in the apartments. Initially, it was believed about 15 families were living at the complex but now it appears fewer people are living there.
Two inspections by the city's building inspector and fire administrator pointed out concerns that include overloaded circuits, mold and mildew, electrical wiring running along a wall, plumbing, unsafe balconies and lack of fire walls in the attic.
Mayor Rob Hulse said he believes the city needs to consider the unsafe conditions of the property and help the people living in the apartments. The best case scenario, he said, would be for the owner to bring the building up to code.
If the Council decided to table the resolution, it would be acting on faith the property owner would bring the building up to code, Zega said.
"This has been going on for 20-plus years," Council member Doug Hutchens said. "It's a perfect example of how this is going to play out...I think it will go to every delay tactic possible."
Lincoln fire administrator Jay Norton said the question was not if but "when" a fire would occur at the apartments.
"From my standpoint, every 24 hours for that place is 24 hours too many," Norton said.
Zega said he thought the city would end up in court no matter what course of action they decided to take.
"It's my opinion they take it to court or we do," Zega said.
His advice was that filing a complaint on behalf of the city in Circuit Court would be the least painful, most efficient way of handling the issue.
Robin Franklin, one of the tenants in the complex, told Council members she and her mother would have no place to go if the building is condemned. They live in two separate apartments.
"I would like to stay in Lincoln," Franklin said. "I like it here."
Rhonda Hulse, city business manager, said she would be available to help tenants with resources in finding a new place to go.
After the meeting, Franklin said she has lived in her apartment for 13 years and did not have any complaints. Anytime she had problems, she said they were fixed. Franklin said her rent is $400/month including utilities and basic cable for a one-bedroom apartment and her mother pays $550/month for a two-bedroom apartment.
Zega said the city's complaint would be to ask the judge to declare the property a public nuisance, in violation of many codes and that it constitutes a threat to public health and safety. He said he also will ask the judge to issue a temporary restraining order to enjoin further violations of the law.
General News on 03/07/2018