Fort Scott Commission orders condemnation and repair of 118 East Wall Street, sets deadlines for owners

The Fort Scott City Commission voted unanimously Sept. 24 to proceed with condemnation and to order repairs at 118 East Wall Street, citing public-safety risks and prolonged inaction by the property owners.

Commissioners set a timetable requiring the owners to deliver requested documents, including a current structural engineer's report, insurance information and a scope of work, by Oct. 1, and proof that repairs will begin by Oct. 15. The motion said that if the owners fail to meet those deadlines, the city will pursue its own repair process and may place liens or special assessments to recover costs.

The action followed a public hearing at which city staff and residents described visible structural deterioration at the property and continuing closure of Wall Street in front of the building. City staff reported that contractors representing the owners said they planned to start work “in the next 2 weeks,” but had not yet provided signed contracts, a final scope of work or an engineer-signed report for the work.

Leroy, the city’s codes enforcement officer, told the commission he had seen a contractor on site taking “pictures and measurements” and that the contractor had said “they would they would have it before they got started.” City staff said they had requested copies of the engineering report and other documents several times but had not received them.

A staff member explained the city’s legal authority under state law: “You have the right to condemn the building. And under the statute, you have the right to order it removed, repaired, removed or repaired,” and to compel repair within a statutory timeframe or to proceed with city-conducted repairs and cost-recovery mechanisms if owners fail to act.

Commission discussion emphasized protecting adjacent historic buildings and reopening Wall Street. Multiple commissioners cited the 2010s demolition and loss of the Eagle Block as precedent for acting to preserve the downtown historic block. Engineer Jason Dunham told the commission the priority must be public safety: “Our interest is public safety.”

The commission’s motion directs staff to place the item back on a future agenda for status reporting and gave the owners the Oct. 1 and Oct. 15 deadlines explicitly included in the motion. The motion passed on a unanimous roll call.

City officials also said that if the owners proceed with work, the city expects to review a signed contract, permits and an engineer’s sign-off before allowing any reopening of the building or the street. Officials warned the public that Wall Street will likely remain closed while demolition or scaffolding work occurs and until the structure is stabilized.

The commission did not adopt an immediate demolition order; instead it ordered condemnation and repair with deadlines and authority to act if the owners do not comply. The city indicated it will pursue grants and loans where available but reiterated that any city-funded repairs would be subject to liens or special assessments to recover public expenditures.