Court reviewing evidence on big yellow house

Red Willow County Judge Anne Paine took under advisement Thursday afternoon a motion to dismiss, asked for time to review 50-plus pieces of evidence and many objections, and said she would submit a written decision within two weeks in the case of the City of McCook verses the owner of the big yellow house that stands empty at 301 E. Second.

During about three hours of questions and cross-examination, City Attorney Nate Schneider offered evidence and testimony by two members of the city's "Problem Resolution Team" that the house at 301 E. Second is unsightly and a health hazard and is depreciating the valuation of neighboring properties.

Terry Jessen of Scottsbluff, who owns the house, said the property is not unsightly, nor is it a breeding ground for rats and flies and that his property is, in fact, devalued by the condition of properties within two to three blocks, "not the other way around."

Jessen asked Judge Paine to dismiss the charge that he is violating the city's nuisance code, and asked for $5,621 in damages, travel costs, motel expenses and attorney's consultation fees, although Jessen acted as his own attorney in court Thursday.

Schneider offered evidence that the city first contacted Jessen about the deteriorating condition of his property in July 2008, and that he did nothing about making repairs or addressing the city's concerns until March 2009. Schneider said that the city has "bent over backwards" giving Jessen time -- about six months, he said -- to comply with requests to make repairs and clean up accumulated demolition debris and trash. Although a second-floor portico whose roof sagged about 10 inches from the west side of the house was removed and demolition debris was taken out of the interior and disposed of in March, Schneider said, "there are still issues remaining. Regardless of repairs made, there are still more needed."

City of McCook Building Inspector Fred Baugher testified that the house is unsafe, that it is sagging in the center. "If it sits another 20 years, it'll collapse in on itself," Baugher said.

Baugher cited exterior concerns: Dry rot, missing shingles and pieces of siding, panes of glass separating from window sashes, broken windows and boarded-up windows and doors, damages to the first-floor porch roof, a crack and deteriorating mortar in the brick chimney, shifting and leaning porch columns and a temporary column causing damage to the rim joist of the porch. Interior concerns include the second floor sagging three to four inches from the outside walls to the center, substandard floor joists in the basement, first-floor studding exposed when lathe and plaster were removed, water damage either from weather or plumbing and asbestos-wrapped pipes and a boiler.

"It's in pretty sad shape," Baugher said, adding that "it's beyond repair" except for someone with "really deep pockets" and "a couple hundred thousand dollars" for repairs and renovation.

McCook Police Chief Ike Brown -- who, with Baugher, is a member of the city's problem resolution team -- testified to the process of determinations and inspections by the Problem Resolution Team and by the McCook Health Board, and to the certified letters by which Jessen was notified of the city's concerns, although Jessen said that two certified letters were signed for by a staff member and not by himself. "They were neither received nor signed by myself," he said.

In his closing comments, Jessen based his argument not so much on whether repairs have been made or that more are needed or not, but whether or not the city proved that he violated the city's code regarding a nuisance property, which is allowing a property "to accumulate trash, become unsightly and negatively affect the valuation of neighboring properties." Jessen told Judge Paine that -- because of the use of the word "and" -- if he is not guilty of "100 percent of Count 1," then he is not guilty of any of them.

Jessen contended that because the charge does not specifically mention windows, doors, floors, porches, etc. "there is nothing in evidence related to the charge filed."

Schneider told Judge Paine that contrary to Jessen's contention, the City of McCook has not singled him out for select enforcement of its nuisance code, explaining that he (Schneider) pays no attention to whether a person being charged lives in McCook or not. "No one is singling anyone out," Schneider said.

Schneider said that the city has "tried to work with Mr. Jessen," but that there are still issues that need to be addressed even after months of contact, "so that neighbors can enjoy ownership of their own homes."