City, residents clash over home upkeep codes

Several homeowners cited for property maintenance code violations say fixing their property is not a matter of will, but of way.

They also believe the city could improve its approach to property maintenance violations.

Historically, upkeep of homes has been a source of tension in Sedalia. Some people think stricter application of the laws would reduce the number of dilapidated homes and improve the overall appearance of the community. Others think more rigid enforcement can often become a hardship on homeowners who are struggling to make ends meet.  

A large percentage of homes in Sedalia would likely fail to meet the 2006 International Property Maintenance Codes, which prohibit chipped paint and require siding, roofs, gutters, porches and garages to be in good condition.

City Administrator Keith Riesberg said while the codes seem to apply to cosmetic features, gone unfixed those issues could “become major structural issues for the homeowner.” The point of the enforcement is to prevent homes from falling into such disrepair that they require demolition.

Citations are issued based on complaints and observations by inspectors.

“It keeps the system manageable,” he said. “If the city strictly enforced (property maintenance codes), we would need to increase staffing and there would be a severe backlash regarding the intent of enforcing it.”

Mayor Elaine Horn said the city is considering a more systematic approach to inspecting for code violations.

“Other communities have it where they grid out the town and do it by sections,” she said. “That way, they aren’t being discriminatory.”

The city could develop a system where a grid in each ward is inspected to avoid singling out one particular area.

Homeowners who are cited receive a letter giving them 30 to 60 days to make repairs and bring the property into compliance. Those who fail to meet the deadline face prosecution in city court.
So, how do homeowners handle citations?

The Coulters

Alan and Jeanette Coulter, of 710 W. Fourth St., knew their home needed a paint job, but were holding off on the repair until their finances became more stable.

Alan, 42, has lived in the home 17 years, 10 of which he and Jeanette, 40, have been married. The couple put a new roof and gutters on the home in 2006. Then, Jeanette was robbed at gunpoint while working. It shook her up enough she was unable to work for about six months, and Alan’s job became volatile at Hayes Lemmerz as the automobile industry tanked and the company filed for bankruptcy.  

The Coulters had considered installation of siding and windows, but decided to put off those improvements when the estimate came in at $30,000. They also delayed a kitchen remodel.

“When you don’t have that (two solid incomes), it really makes you kind of watch your expenses. ... It kept a lot of things from getting done,” Alan said.

Due to the size of the home, 3,000 square feet and three stories tall, the Coulters are unable to do the work themselves. The Coulters received a certified letter notifying them that their home failed to meet property maintenance codes because of the chipped paint and a tilted board on the edge of the front porch. Alan felt the letter was too forceful and required the repairs to be completed in an unreasonable time frame.

“I’ve never had any violations before,” Alan said. “It seems to me, never having a violation to, ‘Having 30 days, or else,’ seems kind of extreme.”

Alan said he understands the need for codes and enforcement, but believes compassion and common sense should be a part of the process.

“I think there needs to be a complete revision of the process,” he said.

Timing also should be a consideration, Alan suggested. He recommended centering enforcement of trash violations around citywide fall and spring clean-up weeks and painting and other exterior issues in the spring and summer.

“When you have major exterior issues, especially this time of year, you’re really pushing that (30-day) deadline,” Coulter said.

A 30 or 60-day timeline seems too short to seek bids and have the work completed, Alan said. He also thinks first-time offenders should receive a warning letter with a more lenient time frame of 90 days, at the conclusion of which a violation letter is sent with the 30-day notice if the repairs are not made.  

Estimates to paint the home ranged from $8,300 to nearly $12,000. Alan anticipated he would have to take a loan from his 401K plan, or take out another loan, to pay for the paint job. But, he wonders how people who are on a fixed income, or unemployed, could afford such repairs.

Alan was worried about being fined or his case referred to court because the contractor would be unable to start within the 30-day allotted time frame due to other scheduled jobs.

“The time frame is just extremely unrealistic,” he said.

Alan was unsure what would happen, even with a contract and deposit of $4,000 to do the paint job.

“There’s still no guarantee of any kind of extension,” he said.

The Coulters fixed their porch and provided the paint contract and a cashed check for the deposit. An inspector told Alan he was willing to work with him on the time limits, as long as his boss approved and Alan continued to show an effort in fixing the problem.

“Now it’s basically a waiting game to see if the city wants to enforce the matter further,” Alan said.

Riesberg said inspectors will often offer extensions to fix homes.

“I think our inspectors and staff do work with individuals to try to come to a mutual arrangement,” he said.

But, there is a limit to those arrangements. One home has been in the court system for two years. It has holes in the roof and other structural issues.

“Unfortunately, in that situation it has a blighting influence on surrounding properties,” Riesberg said. “This individual is living in a house that is unsafe.”

Patricia Swaffar

Patricia Swaffar’s home at 610 S. Harrison Ave. was among the more than 14 cases referred to the court during August and September. City inspectors cited the three-story home in July and are requiring the steel siding be scraped and painted, roof replaced, chimney replaced and rotten soffits and trim fixed or replaced.

The citation has caused Swaffar emotional distress.

“If they are going to threaten to put you in jail, or keep putting you in debt; I’m on the edge. So stressed. So overwhelmed,” she said.

Swaffar, 52, was injured when her vehicle was struck by a refrigerator truck seven years ago. The accident resulted in a series of surgeries to her neck, back, shoulder, hip, knees and ankles. She is unable to work, and has been denied disability.

“I’ve tried so hard to keep it up and I figured with my taxes paid, I may be hurt and going through hell, but thank God I have a roof over my head,” Swaffar said.

Now, Swaffar fears the city will “bury me in court costs, fines, penalties and interest in all of this.” She doesn’t owe any money on the home and has borrowed to pay taxes and utilities. Swaffar is waiting for a settlement from her accident to make repairs to the home.

“I wouldn’t normally live like this. It’s not that I don’t want to fix the house. It’s not that I don’t want to be in compliance with the codes. It’s that I don’t have the means,” she said.

Swaffar has contacted nearly every social service agency to seek assistance in repairing her home.  

“I’ve been trying to get help even before the letters” from the city, she said. “Everybody was so quick to say, ‘Sounds like you better sell your house.’ Where are the people out there trying to help people like me to keep a roof over their head, to keep their house.”

Swaffar found she didn’t qualify for programs because she is without children and either too young or too old.

“When you’re hurt and when you’re all by yourself, you’re disposable,” Swaffar said.

Swaffar fears the city will take possession of her home.

The city isn’t interested in becoming a homeowner, Riesberg said. The city only takes possession of properties when they become a hazard to the public.

Swaffar thinks the city should assess property code violations on a case-by-case basis.

“I know life is not fair, but this just doesn’t seem right; I’m disabled,” she said.

Steps of property maintenance violation

1. Complaint generated either by inspector or complaint.
2. Letter notifying of violation of city code is sent to homeowner.
3. Typical 30-day abatement period by owner for property maintenance issues.
4. If owner contacts code enforcement inspector, and provides an action plan, department works with property owner in determining reasonable timeline for progress.
5. Inspector re-inspects property at end of owner abatement period.
6. If no abatement progress is evident, or homeowner fails to meet agreed upon timeline in step 4, the case is sent to Municipal Court.
7. The case leaves code enforcement and is heard in Municipal Court where a ruling is made.
Source: City of Sedalia