The owners of one of two crumbling downtown Jefferson City buildings are asking for a new hearing in Cole County Circuit Court over a decision that had been issued in March by a hearing officer appointed by the city's Planning and Protective Services Department.
Carol and Ruben Wieberg filed their lawsuit against the city March 22. Cole County Presiding Judge Pat Joyce has scheduled an April 15 hearing on their petition.
The Wiebergs, owners of 202 E. High St., state in their petition that they felt aggrieved by last month's decision by Jefferson City Police Chief Roger Schroeder, who served as the nuisance hearing examiner.
He ruled March 16 that the Wiebergs' property was a nuisance and the city had given them enough notice to fix the building. At the time of Schroeder's ruling, if the building was not repaired or demolished within 60 days, the order states, the city "shall arrange for abatement."
The Wiebergs are asking for a new hearing before Joyce and for her to decide whether or not she believes the structure is a nuisance.
The city's deadline would remain in place unless Joyce issues a stay to block it.
No such order has been issued, so far.
In a separate January order, a hearing examiner ruled the 200 E. High St. property owner, Andrew Neidert, had to demolish his property within 60 days of the city's hearing examiner issuing a decision for 202 E. High St.
If he does not demolish the building during that time frame, the order notes, the city shall abate the nuisance.
"The city's authority to demolish Mr. Neidert's property was dependent on the timing of the Wiebergs' order but not on the result," City Counselor Ryan Moehlman said.
The west wall of 200 E. High St. partially collapsed in June due to water infiltration and hidden decay of the mortar in the wall. The buildings at 200 and 202 E. High St. share a common wall.
The city gave Neidert until Dec. 31, 2018, and the Wiebergs until Jan. 31, 2019, to repair or demolish their structures.
The city ruled both buildings as dangerous structures last year after finding the wall between the structures was failing. City staff ordered the tenants to vacate the properties. 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.
If the city abates the buildings, tax liens will be placed on the properties.
Last fall, Neidert filed a declaratory judgment action against the Wiebergs regarding which property owner is responsible for demolishing or rebuilding and maintaining the shared wall. The Wiebergs filed a counter-petition.
That case was assigned to Cole County Circuit Judge Dan Green, and no hearings are currently set in the case.
The city tried unsuccessfully to mediate between the property owners last fall.