Council shows movement on blighted-property rules

City Council Member Steve Simoff spoke to (from left) Council Members John McDaniel and Bruce Southworth, City
Attorney Phil Moloney, Mayor Grayson Vandegrift, City Clerk-Treasurer Phyllis Hudson, Kentucky League of Cities
Director of Municipal Law and Training Morgain Sprague and Council Member Johnny Wilson at the special meeting.

By Sarah Ladd

University of Kentucky School of Journalism and Media

The Midway City Council appears to have resolved, at least in principle, the main obstacle to an ordinance that would let the city crack down on property maintenance. But it took a lively discussion.

The council’s special meeting Wednesday addressed two proposed ordinances: one to update the general nuisance ordinance on “deteriorating properties” and one to establish a Code Enforcement Board to hold hearings and make initial rulings on alleged violations. The ordinances were drafted to maintain the public safety and well-being of Midway as well as to keep in line with changes at the state level, Mayor Grayson Vandergrift said.

Vandegrift, who has vowed to crack down on blighted property, said “the main hangup” has been misgivings about a Code Enforcement Board. The three-person board would be appointed by the council. That has been a problem for Council Member Bruce Southworth.

“It’s just passing the buck. We were elected to take care of these things,” Southworth said. “We [would] have no control over that board at all.”

An old Masonic hall at 116 E. Main St. is one of the targets.

Morgain Sprague, director of municipal law and training at the Kentucky League of Cities, said board members could be removed for cause, including lack of action. City Attorney Phil Moloney said later that the council could exercise control through appointments.

Sprague said a Code Enforcement Board would likely save the city a great deal of money in the long term if it cracks down on blighted property. She said that in the league’s experience, once property owners have their concerns heard by a board, they are less likely to take the city to court because they will see the evidence stacked against them or have their issue resolved.

She said the board would have more respect from district judges than the council, which is more subject to politics, and would provide citizens a panel of listening ears more familiar with the property issues than a judge. “That’s not to say they think ill of the council,” she said. “They like to know that there’s been due process.”

Southworth voiced concern that the board would abuse its power, but Vandegrift said it is the only option for effective enforcement. “We need to get this done,” he said. “People are angry about this.”

Council Member Steve Simoff also expressed concern and asked how the board would be regulated and how the public would know to approach the members.

Moloney said the board would have regular meetings open to the public, which would be informed about them.

City officials say this house at the northwest corner of Higgins
and Turner Streets has been abandoned for almost 60 years.

Simoff and Southworth also voiced concern about the cost of defending enforcement actions in court. Simoff said the city has “two main targets,” a commercial building on Main Street and a house at the corner of Turner and Higgins streets that has been vacant for almost 60 years. “Both of ‘em have enough money to fight us in court,” he said of the owners.

Vandegrift said there are more than two targets, and some of them may conclude that it is cheaper to do the work than challenge an enforcement action in court. “You guys look at a worst-case scenario,” he said. Sprague said there is no way to estimate possible court costs.

The discussion appeared to get Vandegrift’s effort off dead center. After the meeting, Simoff told the Messenger, “A code enforcement board is necessary and I’m very happy we’re studying the proper way to handle one.”

And despite his voiced concerns about a board, Southworth said, “I’m thinking it could work.” He said he wants to read over the ordinance again closely to make sure it will work “in a good way.”. He added, “We do need something with some teeth in it.”

Council Member John McDaniel said the meeting resolved his concerns, but he still wants to study the proposed ordinance.

Council Member Johnny Wilson said he thinks the board is a good idea and pointed out the advantages of having designated individuals who would be familiar with the complaints brought before them. “I don’t know anything about [building inspection] You need people with experience,” he said.

Council Members Sara Hicks and Kaye Nita Gallagher did not attend the late-morning meeting. Vandegrift said Hicks was ill.

Several members attended one of Sprague’s code enforcement trainings in Berea recently, and they have signed up another training at the end of June.

Vandegrift said he will give the council a few weeks to look over the ordinance and come up with questions. He said the council will hold another special meeting in a month to discuss further edits.