Poplar Bluff code enforcement process questioned by advisory board

The city’s ability to hold residents accountable for derelict properties, and particularly Poplar Bluff’s municipal attorney and city court, were called into question Thursday by some officials.

The topic was raised during a meeting of the Poplar Bluff Residential Housing Advisory Board, of which council member at-large Ron Black is a member.

The meeting was attended by municipal prosecutor Justin Gregory, who participated in a conversation of the code enforcement process. Also attending were city manager Mark Massingham, police Chief Danny Whiteley, code enforcement officers and other city staff members.

There is a feeling among the council, residents and the Butler County Landlords Association, according to Black, that the law does more to protect those who do wrong, than those who are taking care of their properties. Black is also a member of the landlords’ association, along with Greg West, the residential housing advisory board co-chair.

“The feeling level is that the city court, somewhere between the prosecutor and the judge together, kicks it all down the road and suddenly we’re at 90 and 120 days of not taking care of something,” Black told Gregory during the discussion. “From the untrained, unlawyer side of things, that just seems completely unacceptable.”

Residents are entitled to due process, Gregory said.

The process starts with a notice of violation written by code enforcement officers. Residents are given a specific number of days to resolve the violation, explained James Sisk, of code enforcement.

A citation is written if the matter is not resolved, which is then reviewed by the city prosecutor, Gregory. After review, the matter can be sent to the court and a date scheduled for an appearance.

When defendants appear, the judge reads the alleged offense, Gregory said.

“It’s an initial arraignment,” he said, later explaining that while the counts are civil in nature, the law requires defendants receive the same rights as if they faced a criminal charge.

The defendant will have the option to plead guilty or not guilty, Gregory said. If the defendant pleads guilty, the judge will typically ask code enforcement for a recommendation and usually takes 30 days to review the property.

If the individual chooses to plead not guilty, the trial will typically be set for the next month, Gregory said. Cases may be continued if the judge has to recuse himself due to a conflict of interest.

West and Black asked why the court had to wait a month for the trial, rather than proceeding with it at the same time the plea is entered.

“Can you not take it to trial then, to save kicking the can down the road to the next month,” West said.

That is how cases are handled in small claims or rent and possession, West said.

“The U.S. Supreme Court and the Missouri Supreme Court have ruled that while city ordinances are civil in nature … a defendant is still entitled to all their rights, as they would have if it was a criminal trial,” Gregory said.

West and Black continued to question why the case could not proceed at that time, and asked Gregory to provide copies of the statutes. Gregory responded that the information is available online.

“The constitution is what determines that,” Whiteley said.

Black questioned Gregory about who he works for and who pays his salary. The prosecuting attorney is hired by the city manager.

“I’m not debating the law with you here sir, but the feeling level here is that I, as a city councilman, have authorized this man to hire you and hire a city judge,” said Black.

Residents make investments in their property, a notice is issued and it goes to court, then it has to go back to court in another 30 days, he continued.

“That’s still all within the law, but at some point discretion comes in about what we’re really going to do about that,” Black said.

The city also has the option to pay for the clean up of ordinance violations, and the council has the power to change ordinances, Gregory said.

Black suggested Gregory tell the city how to change the ordinance. Gregory responded that Black would need to speak to the city’s attorney, Mark Richardson.

“My job is to enforce the city ordinance and prosecute them,” said Gregory, adding code enforcement officers can verify that he does not dismiss cases.

Conversation about the matter ended when the advisory board moved on to other agenda items.

Discussion of the code enforcement process is one part of what the board has looked at in an effort to clean up city neighborhoods.

The board was also responsible for helping initiate a bulk trash pickup that is now in place, and has looked at ways to remove derelict vehicles from properties.

It is also continuing to look at the way liens are assessed against property in regards to code violations.

The next advisory board meeting is 5 p.m. April 11 at the Black River Coliseum.