Cape council tables rental inspection ordinance

Cape Girardeau's city council decided Tuesday night to take time to work through language revisions that would establish a licensing and inspection program for rental properties.

Council members approved tabling the proposed ordinance that would create the program after lengthy discussion with representatives of the Cape Girardeau County Board of Realtors. The board opposes sections of the current version because they say some language creates risks for Realtors acting as property managers and allows for free access to property without adequate owner permission.

The council's decision, which was approved 5-2 with council members Mark Lanzotti and Meg Davis-Proffer voting not to table the proposal, was a small success for the board. The council will resume discussion of the proposal at its Oct. 1 meeting. The Sept. 17 meeting is canceled due to city staff and officials planned attendance at an annual meeting of the Missouri Municipal League.

Ken Kiefer, the board's governmental affairs chairman, said following the meeting that this meeting marked the first time he felt the council asked for the board's input.

"I am happy about that," he said. "We don't expect everything to end up exactly the way we think it might should be, but we're getting closer to it."

The ordinance would require landlords to obtain annual licenses, with the cost of the license based on how many units they own, and mandates maintenance of properties. Some provisions for maintenance and cleanliness would be the responsibility of tenants. Inspections of properties would be based on complaints received by the city. Three or more complaints or violations could lead to a suspension of the license, which would mean that the landlord could not rent any new units until repairs were made. Possible penalties would also include a fine of $500 a day and up to three months in the city jail.

The board has approached the council during its last two meetings to voice concerns that the proposed ordinance would stir up issues related to access, and had attorneys from the National Association of Realtors review drafts of the ordinance.

Kiefer has said some issues the attorneys found have been addressed as the ordinance has gone through several revisions, but asked the council again Tuesday to take more time to look at the language and possible scenarios that could arise if passed as written.

"We would like to work with the council so its not something you are going to have to come back and fix in six months, a year or a year and a half," Kiefer told the council.

The city worked with the Cape Area Landlord Association to draft the ordinance. Association president Jason Coalter said the council's move to table the ordinance is just "prolonging the process" of getting irresponsible rental property owners to take care of tenants and improve conditions, but also said he wants to make sure the ordinance is worded correctly, even if it means getting one on the books takes longer.

"I do want it to be better, so if there's legitimate revisions that are warranted, what do I care? I just want to improve people's lives and the quality of property in Cape Girardeau," he said.

Councilman John Voss made the motion to table the proposal only after saying he believes accountability the ordinance would require "belongs with anyone who is collecting money and conducting business having to do with substandard property in the community," including real estate agents or Realtors who act as property managers.

"I think there is a moral obligation, if not a legal obligation, with this ordinance, to be part of the solution," he said.

Council members Kathy Swan and Trent Summers said during discussion of possible amendments to the ordinance that "ambiguity should be cleaned up" in the language.

Kiefer said what the board is looking for is a "good ordinance, and a clear ordinance."

"We are not looking to alleviate a property manager or realtor if they do something bad. That's not what we're after. We're looking to have notifications and responsibility directed to the right party," he said.

An amendment approved by the council revised some language to say that requests for inspectors to access properties would be directed to the owner, the occupant or other person in charge of the property, and that if the request is denied, then all those parties would be notified in writing with another request.

eragan@semissourian.com

388-3627

Pertinent address:

401 Independence St., Cape Girardeau, MO