Citizen Journalist: …But Can City Hall Fight You?

by Mike Martin

March 6,2009

Columbia residents Nick and Jasmin Nguyen own several rental properties in town, including 1201-1207 Larch Court and an eight-plex at 6 Granada Blvd. To say that their tenants and properties are a challenge for neighbors and city officials might be an understatement.
Maintenance problems at 6 Granada became City Manager Project Number 2153, when Columbia City Manager Bill Watkins’ assistant, Carol Rhodes, notified City Attorney Fred Boeckmann one afternoon last August.
What follows is an eye-opening e-mail exchange that should answer a question that nags virtually every neighbor at one point in the neighborhood experience: What can we do about that problem over there?
>> Carol Rhodes <car@gocolumbiamo.com> 8/20/2008 3:40 PM
A new City Manager project item number (2153) has been assigned to you.
Project Name: 6 Granada
Logon Access: http://www.gocolumbiamo.com/cfforms/logon/cislogon.cfm
View Access: http://www.gocolumbiamo.com/cfforms/cm/trackerview.cfm?CFGRIDKEY=2153
Boeckmann questions City Prosecutor Rose Wibbenmeyer.
>> Fred Boeckmann 8/21/2008 4:14 PM
Have we had the owners of this property in court for any violations related to the property? Owners are Ngoc B. Nguyen (a/k/a Nick Nguyen) and Jasmin Nguyen? Thanks.
Wibbenmeyer answers, referencing the International Property Maintenance Code, which city inspectors follow to ensure construction and rental housing safety.
>> Rose Wibbenmeyer 8/21/2008 4:59 PM
Fred, I checked with the court. Ngoc Nguyen is still on probation (18 month term which began on 9/24/07). Shara said that a condition of probation is that he not have any IPMC violations. (I do not have a copy of the conditions of probation, but she did not indicate that it was limited to just the premises of the original case which was at 1201 Larch Ct).
Although the violations listed in the tracker primarily are enforced by health, they might also fall within the IPMC regarding the cleanliness of the exterior premises. I gave a copy of the tracker notice to the Court. The Court will likely need more information from health and protective inspection regarding the allegations. Kevin Oeth is the court’s probation officer.
The following morning, Protective Inspection Department Chief John Sudduth and Building Inspector Brenda Canaday discuss 6 Granada Blvd.
>> John Sudduth 8/22/2008 7:36 AM
Brenda,
What’s our history on this and do we have any current enforcement in process? Thanks JS
>> Brenda Canaday 8/22/2008 8:08 AM
We have been there several times. Bruce wrote up the windows and the other stuff that we could under Property Maintenance and the owner fixed it.
But it’s not long and it’s back to the same old way. We don’t have right of entry and there are never enough violations on the outside to get a search warrant. There are 8 apartments in the building and the only common area is a hallway and stairwell. The real violations would probably be in the units themselves. Which means we would have to have 8 search warrants. Most of the time the biggest problems there are trash, weeds, old vehicles, etc., which is Health Department’s area.
Bruce keeps an eye on it and I think he’s got a file on it, but I don’t know where he keeps it.
The biggest problem is the tenants. I don’t that there is much that we can do about it.
Brenda K. Canaday, CBI
Senior Building Inspector
Public Works-Protective Inspection
Environmental Health Manager Gerald Worley and Health Inspector Daniel Schneiderjohn exchange notes.
>> Gerald Worley 8/22/2008 9:29 AM
Each of you should search your record for Ngoc Nguyen and Jasmin Nguyen records. I am sure we have some.
>> Daniel Schneiderjohn 8/22/2008 11:10 AM
I towed a car from 1201 Larch Ct on August 6. He has had 6 notices on 1201 Larch ct and 6 at 3702 Mint Julep Dr. (his home) this year. If you need more information or there is anything I can do to help let me know.
Daniel Schneiderjohn
Environmental Health Specialist
City of Columbia
Worley asks Wibbenmeyer about Nguyen.

>> Rose Wibbenmeyer 8/22/2008 11:56 AM
I do not have a pending case on him. But he is on probation with the Court. Feel free to share any information with the Court’s probation officer, Kevin Oeth.
Sudduth e-mails his boss, Public Works Director John Glascock.
>> John Sudduth 8/22/2008 1:17 PM
John,
As of yet I have not sent you anything but this morning I had staff send me information. Here is what I received from Senior Building Inspector Brenda Canaday this morning. Please advise what action you feel protective inspection needs to take. Thanks JS
Glascock updates his boss, City Manager Bill Watkins, through Carol Rhodes.
From: John Glascock
Friday – August 22, 2008 1:19 PM
To: Rhodes, Carol
CC: Sudduth, John
Subject: Re: Fwd: Project Tracker 2153 – 6 Granada Blvd 8-22-08
We will continue to work within our ordinances to get this corrected.
Three days later, Columbia-Boone County Health Department Director Stephanie Browning also updates the boss with a forwarded e-mail.
From: Stephanie Browning
Monday – August 25, 2008 3:17 PM
To: Rhodes, Carol
Subject: Re: Fwd: CM Project Number 2153
FYI
Stephanie Browning
Director – Columbia/Boone County
Health Department
>> Kevin Oeth 8/25/2008 1:10 PM
I showed the email and project tracker to Judge Aulgur. His response was that 1. The Order of Court Supervision does not specify a particular address simply that Ngoc Nguyen not have any IPMC violations for 18 months beginning 09-24-07, and 2. He further stated that it would be the burden of the city to prove that Nguyen has violated said code and what portion of that code was violated.
Kevin R. Oeth
Probation & Collections Officer
City of Columbia
Municipal Court
Neighbors say problems at 6 Granada Blvd. continue, which suggests a simple corollary to that old adage, “You Can’t Fight City Hall.”
City Hall might have just as much trouble fighting you.