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City sets sights on abandoned properties

Justin Addison Editor/Publisher
Posted 8/25/20

The City of Fayette is taking a closer look at abandoned and unsafe properties throughout town. The issue is not a new one for the city, which has for some time been working to remedy problem …

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City sets sights on abandoned properties

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The City of Fayette is taking a closer look at abandoned and unsafe properties throughout town. The issue is not a new one for the city, which has for some time been working to remedy problem properties, particularly in the New Addition and on the west side of the courthouse square.

City Administrator Tyler Griffith explained to the Board of Alderman the city’s ordinance on dangerous and unsafe structures. “We have quite a few of them in town. But we have to follow the proper protocol on either getting demolition done to the property, or—the preferred method—is the owner getting them up to standards and maintaining the property.

“As we know, there have been a few eyesores for years that nothing’s happened to,” Mr. Griffith said. “All we want is a cleaner community for our citizens.”

Mr. Griffith said an engineering firm is needed to deem certain buildings unsafe before the city can take such action as contacting those property owners to demand upkeep. In the past, the city had administered tax liens on such properties that are to be collected with yearly property taxes. “Because the liens are considered low priority, which is a matter of state statutes, it’s impossible for the county to sell the property for the taxes that are owed the county without collecting the abatement money that’s owed to the city,” explained Nathan Nickolaus, the city’s attorney.

Another challenge the city has faced with regard to abandoned houses and properties is finding out who are the actual owners of the properties.

Buildings on the west side of the courthouse square have been a major point of contention between the city and their owner, Dan Ruether, of Columbia. The buildings have been in states of disrepair for years. The city really took notice in February 2019 when bricks from the top of the Bell Block building’s south side fell to the sidewalk below. The city closed off the sidewalk to pedestrians until repairs were completed. The sidewalk remained closed for nearly a year while the city waited for the repairs to be made. Since then, businesses have relocated leaving most of the block’s street-level storefronts vacant. For some time only the laundromat, which is owned by Mr. Ruether remained. More recently, the Petrichor Store has opened up shop in one of the three empty storefronts. However, the business had to close on at least one occasion due to a water leak from an upstairs apartment.

The city last year hired an engineering firm to inspect the buildings and gave Mr. Ruether a time limit to make necessary improvements. It wasn’t until about a week before a hearing scheduled for Jan. 21 of this year between the city and Mr. Ruether was to occur that repairs had been made.

The Bell Block was erected in 1883. It hosts four street-level storefronts with second-story apartments. It is one of three buildings owned by Mr. Ruether on that block. As recently as February 2013, the second story of another building owned by Mr. Ruether on that same block collapsed. While the rubble was removed, only a pitched, wooden roof remains of the top story of the formerly all-brick structure. It is known as the R.C. Clark building and was built in 1887. The two storefronts on the first floor remain empty.

The slanted roof was said to be temporary, but more than seven years later it remains an eyesore on the square.

“It’s bad down there,” said Fayette Mayor Kevin Oeth.

Mr. Nickolaus said the city needs to hire the same engineer who inspected the buildings last year to come back and see what repairs, if any, have been made. “It should be the same engineer. At this point, we’re probably going to court, so I need a good witness,” he said.

Mr. Nickolaus suggested the city sue the buildings’ owner in court to secure a judgment. “A judgment has a higher priority and we would be more sure of getting paid,” he said. “If we get a judgment against (Mr. Ruether) or his company, we can execute against any of their assets.”

A worst-case scenario, explained Mr. Nickolaus, would be the city taking over ownership of the buildings and having to bear the expenses of either repairs or demolition.

The council gave unanimous approval to pursue the re-inspection of the buildings with the same engineer.

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