Shen council, couple debate nuisance issue

(Shenandoah) -- Shenandoah officials are urging a local couple to leave what's deemed a nuisance property--citing safety concerns.

James and Deborah Lewis updated the Shenandoah City Council Tuesday night on the progress of a nuisance property at 805 5th Avenue. Deborah Lewis told the council the couple is waiting on a credit report for a loan to fund the property's renovation.

"The realtor on the house is still holding it for us," said Lewis. "She said she talked to the landlord, and he is willing to hold it for us until they can pull the credit report on the 28th. But everything is looking really good. We just need more time to get to the 28th, and be able to get our stuff out to the house."

Currently, the Lewises are living in the structure, despite a city building inspector's report stating the property is in dangerous condition, and is uninhabitable. Though the couple has a camper next to the house, Deborah says they can't afford to move it to a campsite. Councilman Jon Eric Brantner was among those expressing concern over the couple's safety.

"My concern is from the inspection report that there's some severe holes in the flooding," said Brantner, "some open areas in the ceiling, that he made it sound where it was not physically sturdy. I'm glad nothing has happened so far. My concern is, I don't want nothing to happen after this."

While saying he didn't want to kick the Lewises out of the residence, Councilman Richard Jones agreed the property is unsafe.

"I'm not speaking for anyone else," said Jones, "but it seems like moving out, being in a camper, doing something different other than being inside that residency, because it's just not safe. And that's what we have to go by, is what the inspector stated."

Though court action against the couple was continued to December, City Attorney Mahlon Sorensen adds the court is poised to sign an order giving the city possession of the property at any time. Sorensen urged the council to take action, saying the house's electricity constituted a fire hazard, and ammonia from dogs previously kept there was still evident.

"If the city knows of a danger," said Sorensen, "if the city knows of a hazard and does nothing about it, it's not good for the city. If we know, and we do nothing, it bothers me because that's where we get in trouble. If these two people were caught in a fire in there and died, what kind of a lawsuit would you think you'd have?"

After considerable discussion, the council by a 4-1 vote approved Brantner's motion giving the Lewises 72 hours to vacate the premises, and move into the camper, and agree not to inhabit the property for 30 days. The issue would then be revisited at the council's December 8 meeting. Councilman Kim Swank cast the lone dissenting vote. Saying the house is "a time bomb waiting to explode," Swank wanted the couple out immediately. In other business, the council granted a 90-day extension to Jon Roberts for a property rehab project at 706 9th Avenue.

Shen council, couple debate nuisance issue

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