Apartment owner misses deadline to fix building

LINCOLN — A 30- day deadline for a property owner to repair or tear down a dilapidated apartment complex in Lincoln has passed, and city officials say no changes nor repairs have been made.

The City Council gave the go-ahead at its May 15 meeting to seek bids to demolish the building. The city last week placed a newspaper advertisement for those bids, according to Rhonda Hulse, city business manager.

About eight adults and three children are still living at the apartment complex, according to one tenant, Judy Simpson. The building has 16 apartments in all. Simpson said she cannot afford to move elsewhere. She noted another apartment would require a deposit, and she would have to make deposits to turn on utilities.

Plumbing, electrical components and boards would have to be replaced to make the building safe, Simpson said. The building also needs to be painted and the roof needs repairs in places, she added. She also has mice and a lot of cockroaches in her apartment, she added.

The city filed a complaint March 5 in Washington County Circuit Court against property owner James Stewart, asking the court to declare the complex a nuisance based on its rundown condition, to condemn the property and to issue a preliminary injunction to stop the owner from violating further city ordinances and codes.

Stewart has owned the two-story, L-shaped complex at 119 N. Carter St. since June 4, 1988, according to the lawsuit. The complaint says Stewart rents the apartments for $400 a month.

Washington County Circuit Judge Doug Martin on April 18 ordered Stewart to repair or tear down the property on or before May 21. Martin reviewed more than 40 photos of the property.

James McCredy of Fayetteville represented Stewart at the April hearing. No tenants attended. McCredy could not be reached for comment on whether Stewart plans to make any improvements.

Some of the main concerns expressed by city officials include broken windows, trash and debris, leaks, mold, failing electrical outlets, lack of plumbing, ventilation, and dysfunctional heating and air units. The building has no firewalls nor sprinklers. The second-story balcony is considered unstable and unsafe if firefighters had to get people out.

Lincoln fire administrator Jay Norton has said the question is not if, but when, a fire will occur at the apartments.

“From my standpoint, every 24 hours for that place is 24 hours too many,” Norton told City Council members during one discussion about the condition of the apartments.

Norton and Lincoln building inspector Jeff Hutcheson conducted outside inspections of the apartment complex last week and submitted their reports to city attorney Steve Zega. Both men reported they saw no improvement.

Hulse said no one has applied for any permits for work on the building.

Hulse said she has given contact information to one person about possibilities for other places to live.

Water use has gone down drastically, according to city records, so Hulse said she believes people have moved out of the building.

Zega last week said he is working on new motions to file to try to move the process along.

“Our position is that it wasn’t fixed in 30 days like the judge ordered,” he said.

A trial on the merits of the complaint is set for 9 a.m. June 25, and Zega said he hopes the judge would rule on any new motions on the same day.

Lincoln fire administrator Jay Norton has said the question is not if, but when, a fire will occur at the apartments.