Even though the deadline for the property owners to repair or demolish two deteriorating downtown buildings is this week, Jefferson City officials will have to wait for court litigation to clear up before moving forward.
In mid-March, city staff gave Andrew Neidert, owner of 200 E. High St., and Carol and Ruben Wieberg, owners of 202 E. High St., 60 days to either repair or demolish their properties or else face city abatement - meaning they have through Tuesday to address the issues.
Due to pending lawsuits between Neidert and the Wiebergs and one between the Wiebergs and the city, city staff will not push forward with the abatement process until Cole County Presiding Judge Pat Joyce makes a ruling, City Counselor Ryan Moehlman said.
After Jefferson City Police Chief Roger Schroeder, who served as the nuisance hearing examiner, ruled in March the Wiebergs' property was a nuisance and gave them 60 days to repair or demolish or face abatement, the Wiebergs filed a lawsuit asking for a new hearing before Joyce.
Joyce issued a stay last month, preventing the city from taking action at 202 E. High St.
"The effect of that stay makes it impractical for the city to approach doing anything on 200 (E. High St.) as well," Moehlman said.
Attorney David Bandre, representing the Wiebergs, said they do not believe the city's administrative hearing to have 202 E. High St. repaired or demolished was ruled upon properly.
"My clients do not intend to demolish their building," he said. "We are of the opinion that the court will find that the city did not properly arrive at the decision that directs the building to be torn down."
It's been nearly a year since the west wall at 200 E. High St. partially collapsed due to water infiltration and hidden decay of the mortar in the wall.
The properties at 200 and 202 E. High St. share a common wall, which city staff ruled was failing last fall.
Last October, Neidert filed a declaratory judgment action against the Wiebergs regarding which property owner is responsible for demolishing or rebuilding and maintaining the shared wall of the two properties. The Wiebergs filed a counter-petition in response.
Attorney Theodore Lynch, representing Neidert Properties, did not respond to the News Tribune's request for comment.
After declaring 200 and 202 E. High St. dangerous buildings last fall, city staff ordered the tenants to vacate the structures. Businesses Love2Nourish and MO Juice were located inside 202 E. High St., while law firms Berry Wilson LLC and Turnbull & Stark LLC were in 200 E. High St.
City staff gave Neidert until Dec. 31, 2018, and the Wiebergs until Jan. 31, 2019, to repair or demolish their buildings. When neither property owner met these deadlines, the city began the administrative hearing process to demolish the buildings.
This aligns with the city's "Dangerous Buildings" chapter of the city code, Jefferson City Building Official Larry Burkhardt said.
Following this process ensures the city is in "good legal standing" before proceeding with abatement, Burkhardt said.
"We're trying to do things as fast as we can, but we have to follow the due process," he said. "The big thing about this is it's private property, so we've got to make sure our i's are dotted and our t's are crossed. To me, it's a big undertaking to do that to somebody's property."
If the city abates the buildings, tax liens would be placed on the properties.
Ward 4 Councilman Carlos Graham said during Monday's Jefferson City Council meeting that the city needs to address the "eyesore" quickly.
"If that was in a neighborhood, that would have been taken care of a long time ago," he said. " We need to speed that process up because that is an eyesore and it makes our downtown look bad.
"We want people to come downtown and visit; but when they see that, (the) questions in their mind are, 'Is the rest of the buildings falling down too? Is this what Jefferson City is about, falling down?' Let's take action and action quick."
The City Council on Monday postponed designating the building at 204 E. High St. as a local historic landmark due to too many unknowns surrounding 200 and 202 E. High St. They will revisit the proposed designation May 20.
Jay and Debbie Seaver, who own 204 E. High St., applied for the designation. Previously known as the historic Exchange Bank, Barvino currently resides at 204 E. High St.
"I am 100 percent in support of this historic designation. I just have concerns with our ongoing activities at 200 and 202 (E. High St.) about the timing of the designation," Ward 4 Councilman Ron Fitzwater said Monday. "I still do not support it at this time. Again, I'm 100 percent in support of that building but I would like to get everything taken care of on that corner before designating it to make sure there's not going to be any problems with those two buildings."
The Jefferson City Historic Preservation Commission approved the local historic landmark designations in March.
The City Council may hold a closed meeting later this month to discuss the pending litigation, Jefferson City Mayor Carrie Tergin said.
Even with the unknowns surrounding 200 and 202 E. High St., Thursday Night Live's stage took up the corner of East High and Madison streets last week.
The outdoor live music festival was canceled and relocated when bricks from 200 E. High St. initially fell last June.
"The building has been stabilized, and we have the barriers; and in case something happens, the barriers would still be adequate," Jefferson City Public Works Director Matt Morasch said.