Washington County Enterprise-Leader
Council Considers Condition Of Apartments
LINCOLN — The City Council started the process last week to either get an old apartment complex brought up to code or demolished.
Lincoln Fire Administrator Jay Norton and Jeff Hutcheson, the city’s building inspector, both inspected the apartment building at 119 North Carter Street and submitted letters on their findings. The complex was built in the 1970s.
Hutcheson closed his letter this way: “The present condition of this structure is not safe and needs attention from owner NOW !!!! ”
Norton, in his letter, said he believed residents in the complex are “living in dangerous conditions due to various code violations as detailed in Jeff’s report.”
Norton recommended the complex be evacuated immediately and all utilities be disconnected from the facility until it is brought up to code or demolished and replaced with a structure that meets state codes.
Council members unanimously
voted to send a certified letter to the owner, James Stewart of Siloam Springs, that a meeting would be held to consider a resolution to declare the complex a public nuisance and to condemn the building. The letter, mailed the next day, invites Stewart to attend the meeting to present his case if he opposes the resolution.
The Council will hold a special meeting Tuesday, Feb. 27, to consider the resolution. (This meeting will be after the newspaper’s deadline for the Feb. 28 issue).
If Council members approve the resolution, it will be posted on the structure and the property owner will be required to bring the building up to code or to demolish it within 30 days. If the property owner does not follow through with either option or does not appeal the decision to Washington County Circuit Court, then the city would have the authority to demolish the apartment complex.
Council members had two major concerns. One is that about 15 families live in the building and if it is evacuated, where would they go? The other concern is the safety of families living in apartments with many dangerous problems.
Norton and Hutcheson inspected six units and found each was heated with only a space or electric heater or leaving the stove on for heat.
One unit had signs of mold and holes in sheetrock. Another unit had dead electric plugs and lights not working and signs of mildew and mold. Electrical wiring was running along a wall.
Both men were concerned about the fire hazard of overloaded circuits.
Norton noted that many of the electrical circuits in the apartments did not work and residents were using multiple extension cords that were functioning as electrical circuits. Plumbing is vented into the attic which allows a buildup of sewer gas, Norton also wrote.
The outside of the building showed signs of leaks into the ceiling sheetrock; the balcony is not safe; wires, pipes and other devices are being used to make the balcony railing; window air cooling units are not supported properly with the danger of becoming loose and falling down.
In addition, the reports indicated, the building does not have fire walls in the attic and old appliances, trash, tires are outside on the ground, with the potential for injury or to act as additional agents to fuel a fire.
Hutcheson gave his inspection report at the Council’s Feb. 21 meeting and showed photos of the apartment complex.
“It’s not safe and that’s my opinion,” Hutcheson said, adding, “It’s a matter of time before someone gets hurt.”
City Attorney Steve Zega gave the Council several options for dealing with the property legally.
“My recommendation is to do whatever it takes to make this building safe,” Zega said.
Council member Johnny Stowers said the building needed to go but wondered what would happen to the people living in the apartments.
Doug Hutchens responded, “What do you do about the 15 families that die because of fire hazards.”
If the Council approved the resolution to condemn the property that would give tenants 30 days to decide what to do, Zega said, adding the city does not have a legal responsibility to find housing for the people.
Hutchens pointed out the city does not have short-term housing available for that many people. One option would be to contact organizations that possibly could help the families, such as Seven Hills Homeless Shelter in Fayetteville and the Salvation Army.
Mayor Rob Hulse said the city has a responsibility for the safety of those living in the apartments but also has a responsibility to neighbors living around the complex and the possibility of a fire spreading to other structures.
“That’s something I’ve wrestled with, the worse case scenario,” Hulse said. “We hope and pray it never happens.”