City Of Doniphan Asked To Take Stance On Tiny Houses, Derelict Properties

Alderman Steve Collins told the council he has been approached about derelict structures within the city which either need to be restored or demolished.

Also mentioned was the poor condition of some of the sidewalks, and Collins said he is being asked who is responsible for those: the city or the property owners.

Derelict Properties:

Collins said he drove around and looked at the houses that were named as being among the worst offenders and chose six to bring up at the meeting.

However, there are many others, mostly rentals or vacant structures that have been damaged by fire. Residents who have complained want the city to take some type of action, he said.

One of the structures inquired about is the former Patsy’s Journeyman, which burned about three years ago.

The concern is that the structure poses a safety hazard; however, Brian Byrd, the city’s fire chief and code enforcement officer said the building has been “cleaned up” and he believes it is otherwise structurally sound.

City Attorney Chris Miller said, if the objection is just that it the building is unsightly, “There is little that the city can do about that.”

He asked about a property on Kegler Street which Byrd said has been purchased, and some clean-up was initiated before the winter storm. Byrd said he will speak to the new owner about resuming efforts to either repair or demolish the home.

Collins asked about a partially burned house on Barton Road, and Police Chief Mark Rodgers said that structure is set to be demolished.

The next house brought up, on East Washington which Collins said continuously has an inordinate amount of trash and debris in the yard, is believed to be inhabited but is without utility services.

Byrd said he has visited the residence and no one answers the door. However, there are dogs inside.

Some others mentioned were a house on Walnut Street that has been partially torn down and also could be considered to be a hazard, a house on Highway Street that needs attention, and the house on the corner of Kegler and Spring.

Byrd asked the council to make a list and he will make contact with the owners.

City Sidewalks:

Discussions turned to sidewalks, and Collins asked who is accountable for keeping them in repair.

Miller said according to city ordinances, property owners are.

If property owners fail to maintain the sidewalk, the city can repair them and put a lien on the property for the cost of the repair.

He said, “The homeowner would need to restore the sidewalk to its original state. If the city undertakes the repair, the sidewalk would have to be brought up to ADA standards, which is much more costly.”

Mayor Dennis Cox suggested that the city choose a couple of sections of sidewalk each year and advising property owners along that section that they will be given the opportunity to do the repairs or that the city will, and what that outcome would be.

Tiny Houses:

Byrd then also brought up a topic for discussion. He said had been approached by someone who wants to erect a 16-foot x 40-foot structure on a lot near the school, and he was uncertain whether the city ordinance allows for a residence that small.

City Attorney Chris Miller stated, “That depends.”

He went on to say, “The city ordinances do not have specifics in regard to size, but does stipulate that dwellings must meet all building codes in the way they are constructed.”

For instance, said Miller, the structure walls would need to have internal blocking and sheetrock, the ceilings and roof would need to meet necessary habitation guidelines and the doors would have to be fire rated.

“It would also have to be a permanent structure with a foundation. It can’t be a portable contrivance. It must be wired and plumbed in accordance with building codes. If all of that is done, it can be any size,” said Miller.

He pointed out, “Structures that are just thrown up don’t generally meet the codes. A lot of them would blow away in a strong wind.

“When someone applies for a building permit, they have to show a plan, not just move in some type of outbuilding or storage unit on skids and set it down. That won’t work.”

Miller said the current ordinance would allow for a structure if it is from a reputable builder who designs and constructs tiny homes, and complies with the codes.

In order for a tiny home to be acceptable, plans must be submitted to the city and must pass inspection.

“Tiny homes are now all over the county,” said Alderman Denver Jackson. He said the council needs to make sure the ordinances in place take all of the possibilities into account.

It was decided the council will take the matter under advisement and bring it up to the zoning and planning commission when it meets in March.

Water & Sewer Proposal:

Council members unanimously opposed scheduling a presentation by a company that approached Mayor Dennis Cox, wanting to buy the city’s water and sewer system.

The council discussed the matter, but ultimately decided there would be too great a risk that rates would be increased and that citizens would not get good service from a company which, Cox pointed out, “is not invested in the community.”

Collins further stated, “I feel that we already have a good crew of our own taking care of the city’s system, and we are in good shape.”

Cemetery Tour Dates:

Ashley Thompson was present at the meeting to confirm dates for her cemetery tours. She plans to host one tour at 6 p.m., Friday, March 28, and an afternoon tour which she would want to do on Saturday, April 5.

Christmas Parade:

Thompson also asked that the city permanently set the annual Christmas parade for the second Saturday in December each year. If a rain date is to be set, it would tentatively be the following Saturday, but that is not definite at this time.

The council approved both of Thompson’s requests.

The city council meets the first Tuesday evening of every month at 6 p.m.