News : Seed House disrepair puts building at risk

Photos show the failing masonry on the west wall weakening the steel supports which hold the roof

The collapsed roof behind the barricaded west wall

In this photo you can see the steel bulging due to failing masonry

Collapsing roof

Collapsing roof

At Thursday's City Council meeting, the council conducted a hearing for a nuisance violation at 201 1st Avenue, known as the former Seed House. The property is owned by Joseph and Peggy Schott of Hiawatha.

City Building Inspector/Code Enforcement officer Blake Hansen said that there were several issues with the building. Two other inspections by structural engineers also confirmed the conditions of the building. Hansen said that there were "numerous openings in the exterior walls and roof. There is also failing masonry throughout and numerous modifications made to the structure to adapt it to the needs of the previous owners."

The building had first been cited in 2011 with a notice of "unsafe structure." A year ago, many of the same issues were cited when the owners were served a Notice to Abate Nuisance. So far the only issues that have been addressed since 2011 have been the replacement of the roof on the seed house portion of the building (2011-2013) and recent efforts have been made to cover the windows and the openings in the wall where animals could come in and a barricade around the collapsed western wall.

Over the last decade, the council has addressed the issues and promises have been made with "very little delivery and a building that continues to degrade," said Hansen.

In the Notice to Abate Nuisance, dated from October 25, 2021, the city notified the owner of several nuisances and zoning violations. The nuisances cited in the notice can be seen in the attached photos of the property.

This year, the owners were served on November 4, 2022 with a Final Notice. They have 90 days, until February 2, 2023, to meet the city's requirements to avoid going to court. Many on the city council were sympathetic to the plight of the Seed House owners. Because of the notices, if the owners sell it, a new owner would assume the responsibility for repairing it.

To verify that the initial inspection was correct, the city requested an assessment from the Structural Design Group, which agreed with the concerns of the Code Enforcement Officer, Blake Hansen. Select Structural Engineering also provided a second opinion to SDG and also agreed with the findings.

The Schott's had requested a hearing before the council. Peggy Schott appeared before the council with her son Andrew and expressed her unhappiness with the action. She explained that her husband is now paralyzed and blind, so unable to repair the structure, but she doesn't want to see anything happen to the building. Her son Andrew said that a mason had looked at the building to place a bid but so far they hadn't received a paper copy of the bid. Hansen explained that the one-story section could be removed which would make the larger Seed House section more likely to be able to be salvaged.

Tami Stark, city council member, shared that when Joe, Peggy Schott's husband came to the council last year he expressed that fixing up the Seed House "was a labor of love." While no one on the council wants to see the Seed House removed, a solution needs to be found.

Suggestions were made which included selling it to someone else that could bring it up to code and other proposals to bring in revenue. Unfortunately, the cost to either repair or even demolish parts of the complex of buildings to save the Seed House would be costly.

No action will be taken at this time, the council advised the Schotts that they will need to bring bids to the council as well as a plan by the January 26, 2023 meeting, to avoid the next steps of going to court.

The following issues were cited in the original letter from the city. The following sections of the VINTON CITY ORDINANCES were cited, (full text of the ordinance infractions cited can be seen at the end of the article):

Definition of a Nuisance 50.01 - the city noted the general appearance of the building at a main entrance to the city and a city park with missing and broken windows, crumbling masonry, and collapsed roof. (see photos)

157.04(1) and (2) Violations - the city warned that if these violations were not corrected as prescribed, the city will move forward with the condemnation and placarding process of the property and will file a municipal infraction with the court seeking court ordered abatement.

157.05(4) Transfer of Ownership - which tells the owner that they can't transfer the ownership until the issues are dealt with.

157.06(1)(A) Unsafe Structures and Equipment - the city noted a lack of smoke and fire warning systems, crumbling masonry, failing structural support, collapsing concrete over an underground space, collapsing exterior wall, collapsing roof, numerous openings in the roof.

157.06(1)(C) - the city cites the structure poses a danger to occupants and passerby due to the further collapse of the roof and possible collapse of the exterior walls.

158.05(1)(2)(2E) Maintenance Standards - General - citing the broken and missing windows, crumbling masonry and collapsing wall, failed roof, ground level openings not vermin proof or weather tight.

158.05(2G) - citing numerous points of enter and an abundance of habitat within

(3) Building Maintenance - citing all the above concerns as applicable to 157.06(1)(A)

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50.01 Definition of Nuisance

Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.

(Code of Iowa, Sec. 657.1)

157.04(1)

157.04 Violations

1. It is unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.

2. If a notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

157.05 Notices and Orders

Transfer of Ownership. It is unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such order or notice.

157.06 Unsafe Structures and Equipment

1. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter.

A. Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

C. Structures Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

G. Conditions which are conducive to the harborage or breeding of vermin.

3. Building Maintenance. Every building shall be maintained to be weather and water tight, and free from excessively peeling paint or other conditions suggestive of deterioration or inadequate maintenance. Exterior surfaces shall not have any holes or broken glass; loose, cracked, or damaged shingles or siding; or other defects in the exterior finish which admit rain, rodents, insects, or vermin. All wood, including floorboards, subfloors, joists, bridging, roof rafters and sheathing, and all other wood in any interior or exterior floor, wall, roof, or other part of the structure, shall be maintained to be free of cracks affecting structural integrity, termite damage, infestation, or rot. Any and all damaged or deteriorating materials shall be replaced. If infestation exists in any basement, cellar, or crawl space, such infestation shall be remedied in accordance with industry standards.

158.05 Maintenance Standards

1. General. The exterior of every premises and structure shall be maintained in good repair, to the end that the premises and each structure thereon will be preserved; adjoining properties protected from blighting influences; and safety and fire hazards eliminated.

2. Maintenance of Premises. Each and every premises shall be kept free of all nuisances, health, safety and fire hazards, unsanitary conditions, and infestation. It shall be the duty of the responsible party to keep the premises free of all said conditions and to promptly remove and abate same, which include but are not limited to the following declared nuisances:

E. Any nuisance as defined herein or described as such by Chapter 657 of the Code of Iowa.

5. Residing and Reconstruction. Materials and practices used in reconstruction and residing shall be of standard quality and appearance commensurate with the character of other properties in the vicinity of the premises. Their appearance, as judged under prevailing appraisal practices and standards, shall not depreciate the value of adjoining premises or the neighborhood.