Moldy basement delays sale of Decorah city property

[Guest guest]

Moldy basement delays sale of Decorah city property

Waterloo Cedar-Falls Courier

http://www.wcfcourier.com/articles/2006/06/22/news/regional/022b7822a

f37dc02862571950041ebdd.txt

By SARAH STRANDBERG, Courier Correspondent

DECORAH --- Questions about mold in a home owned by the city

postponed plans earlier this week to sell the property.

Carleton Kittelson submitted a high bid of $127,500 for the house,

which is near the Phelps Park entrance and was once home to the

city's Parks and Recreation director. In recent years, however, the

city rented the property to others.

No one has lived in the house for months, and earlier this year the

Parks and Recreation Board decided to sell the house. Proceeds from

the deal will benefit department projects.

On Monday, bidders were given the opportunity to raise their offers

during a meeting with City Attorney Rick Zahasky. And that's when

the issue of mold in the basement was raised for the first time.

During a public hearing on the issue that night with the City

Council, Kittleson wanted to know whether the mold is toxic and who

would be responsible should someone become ill.

" If the person who does the cleanup of the mold would get sick, who

is liable for it? " he asked.

Since the issue appeared only Monday, Zahasky told council members

he hadn't had time to research the situation's legal aspects.

Though the house was listed " as is " with a water problem disclosed,

Zahasky said being aware the property could be unsafe because of

mold could create problems.

" The city has to determine whether that's a legal impediment, " he

said.

Councilman Steve Matter suggested since the house is offered " as

is, " the buyer should accept responsibility.

Zahasky said that would work if the buyer signed a hold-harmless

clause, but that wasn't the impression bidders gave. Zahasky noted

the second highest bidder withdrew his offer.

After the public hearing, the council tabled the sale until city

officials determine whether the mold is a hazard.

" My bid stands, " Kittelson said. " I want this issue resolved. I only

want to make sure it's not toxic mold. "

Councilman Jim Dale, chairman of the property committee, hopes the

information will be available before the council's meeting July 3.

Contact Strandberg at newsroom@....