Cape Girardeau, owner still disagree what to do about Wiggery building

A downtown building owner and the city of Cape Girardeau are still at odds over the future of a historic Main Street building.

At a condemnation hearing in November, John Wyman, owner of the building at 101 N. Main St., was ordered by the city's building supervisor to come back to the city with preliminary repair plans.

Wyman, who operates Merriwether Investments, appealed the order to the city council in January, but that appeal was denied last month by Mayor Harry Rediger.

In a letter to Wyman's attorney, Kevin Spaeth, Rediger said the appeal of the building supervisor's decision and his request for a public hearing was denied because it wasn't filed within the specified time according to city codes.

Appeals must be submitted within 10 days of the building supervisor's decision, city codes state.

Wyman may appeal this decision in circuit court, but he declined to comment on any future litigation.

He said that he and the city disagree about what is causing the damage to the building.

Wyman testified in November that he believes a leaky storm sewer has allowed water to penetrate the building's foundation, causing it to shift over the past couple of years. City officials believe the storm drain is functioning properly and provided Wyman with a report verifying that.

"What we were expecting was an engineering report. What they submitted was an internal memo. They did not do an engineering study," Wyman said.

City planner Ryan Shrimplin said the distinction between a report and a memo is immaterial.

"It indicated that the city's development services director and the city engineer, both licensed PEs [professional engineers], performed an inspection of the sewer in question, and found no evidence supporting the claim that it has contributed to the building's structural failure," Shrimplin said.

The building supervisor's order, originally issued Nov. 28, required Merriwether Investments to submit a structural engineer's report and preliminary construction plans to the city within 30 days. An extension was granted through Feb. 3.

To date, the city still has not received the report or plans from Merriwether Investments, Shrimplin said. He declined to answer questions about what steps the city may take next in its condemnation process.

The three-story building has structural issues, according to city inspectors. An order of condemnation was first issued back in September.

To qualify for condemnation, buildings must have at least one of 12 defects making them "dangerous buildings" with conditions detrimental to the health, safety and welfare of the residents of the city, according to city ordinances. Those include structural problems, foundation problems, damage from fires or other disasters, faulty construction, inadequate sanitation facilities, insufficient exits in case of fire, and a lack of doors or windows.

City codes state that any person who fails to comply with any order to repair, vacate or demolish a "dangerous building" may be fined up to $500 per day for each day that the building is in violation.

Wyman installed a wooden cover to shield passers-by from possible falling bricks several months ago and installed some bracing on the corners of the building.

The building is listed on the National Register as part of the Cape Girardeau Commercial Historic District. The Sturdivant Bank, the oldest bank in Southeast Missouri, was established in that building in the 1890s.

"I would love to see it restored. It was an awesome building in its day. Now, it's an eyesore," said Deb Maevers, who operates Pastimes Antiques next door.

Maevers said customers are afraid to park along Themis Street, which lies between her building and the former Wiggery building, for fear the building may collapse on their cars.

mmiller@semissourian.com

388-3646

Pertinent address:

101 N. Main St., Cape Girardeau, Mo.