County resident urges building codes
My house is built on a sinkhole," Ernest O'Gaffney told the three county commissioners during their scheduled meeting time. "The county let that go through. I have a home I can't sell." And now Ernest O'Gaffney wants building codes on the next county ballot. Because Christian County is a second class county, voters must approve them. He's approached County Clerk Kay Brown on the necessary steps to get started on an initiative petition. According to state law, a certain percentage of the registered voters who voted in the last gubernatorial election must sign the petition along with other stipulations.

"My house is built on a sinkhole," Ernest O'Gaffney told the three county commissioners during their scheduled meeting time. "The county let that go through. I have a home I can't sell."

And now Ernest O'Gaffney wants building codes on the next county ballot. Because Christian County is a second class county, voters must approve them. He's approached County Clerk Kay Brown on the necessary steps to get started on an initiative petition. According to state law, a certain percentage of the registered voters who voted in the last gubernatorial election must sign the petition along with other stipulations.

He estimates the number of signatures to be about 1,500. He told the commissioners he would pay to have the signatures gathered, but also offered to underwrite whatever costs the county would encounter if the commissioners just decided to put it on the ballot without the initiative petition.

"My intention is to put some minor protection in for the consumer," he said. "I will be happy to help you, but I will get the signatures."

Presiding Commissioner John Grubaugh, just re-elected to the spot Nov. 7, said building codes are something the commissioners have discussed.

"It is something we've talked about," he said. "If we do it, I want to do it right. It takes awhile to put these things together."

Grubaugh wouldn't commit to placing building codes on the April ballot. He said he wants to have public hearings on the issue like they did several years ago. But those efforts drew little interest, Grubaugh said.

But O'Gaffney is committed to the proposition and said it wouldn't cost the county much if anything. He said reasonable permit fees would offset any costs associated with hiring inspectors. He also said his proposition would include an exemption for farmers.

The O'Gaffneys' problem

According to information gathered by the couple and Christian County's planning and zoning department, the property is designated as a herbaceous wetland and in wet weather much of the three acres goes underwater.

"I was building a barn on wetlands," Ernest O'Gaffney said. "(The neighbor had pictures) showing the property under water."

The California couple bought the property in March of 2004 when it was dry. Being unfamiliar with southwest Missouri's topography, it didn't occur to them to worry about water; and both said they were unfamiliar with "sinkholes."

"I know now because I own one," Earnest O'Gaffney said. "There's a river that runs under my house."

Earnest O'Gaffney said all that information was on the U.S. Geological survey prior to his home being constructed. And even though the county commissioners said there were adequate sinkhole regulations in place, no one apparently paid attention when building the O'Gaffney's home.

However, when finalizing the transfer, the seller had to disclose to the O'Gaffneys any problems with flooding. The seller's disclosure statement clearly states that the property is not in a wetland area. But when looking at available maps, the depression is clearly marked as a wetland. And pictures taken of the property while the home was under construction, the O'Gaffney's said, show the property under inches of water.

Litigation

They're suing the builder for breech of contract and fraud and contend that he had to know about the water problems on the property.

"(He) went down to get a permit to (install) a septic tank and was turned down two or three times because he was too close to a sinkhole," Ernest O'Gaffney said. "How did the health department know about (the sinkhole) and planning and zoning didn't?"

When viewing the O'Gaffney's property it is evident that the home, facing east, sits on the eastern edge of a large bowl-like depression. The septic tank is in the front yard.

Nadine O'Gaffney said the "eye" of the sinkhole is just to the northwest of where the couple built a small barn that houses some of their many animals. They raise llamas, miniature horses, and geese. Joining the menagerie is a donkey, one chicken and a duck. There's also a dog and, inside the home lives a colorful macaw that often echoes common words.

Building codes

Now Ernest O'Gaffney is echoing a couple of common words: Building codes. Officials in the cities have had an ongoing discussion for sometime about the need to have comparable building regulations.

"There always been discussion with regard to trying to get something comparable that would better coordinate the two jurisdictions" said Nixa City Administrator Brian Bingle. "Our Fire Chief Jimmy Sebree has also tried to impress on (the county) the need for safety."

Bingle said he is confident in saying that the Nixa Board of Aldermen would like to see comparable requirements, not only in buildings, but in infrastructure and planning and zoning. But the county is sorely deficient, Earnest O'Gaffney said.

"There are no regulations, enforcement or a scintilla of investigation when a builder goes to P&Z to get a permit," he said. "Because our fine county commissioners do not have the political gumption to have a building code."

Minor subdivision procedure

The O'Gaffney's property didn't even go before P&Z, according to information from P&Z administrator Glenda Hammons. The builder only needed administrative approval for a Division 1-minor subdivision-with the signature of a secretary in the office.

"When the house was built-(a secretary) signed-she did have the authority to sign," Hammons said.

The secretary is no longer an employee in the office. Asked why, if the property was near a sinkhole, would the county allow a home to be built there, Hammons said no one checked on those things then.

"Back then they didn't check on any of that," she said.

Back then was less than three years ago and the O'Gaffneys said there's no evidence in the file that the secretary had the authority to issue the permit. The couple are angry about the lack of protection for home buyers in the county.

"Somebody upstairs wasn't doing their job," Ernest O'Gaffney said.

Flooding

To exacerbate the problem, the road that serves eight homes behind the O'Gaffneys-Oak Grove Lane-contributes to significant storm water runoff onto their property, the couple said. Their attorney noted that the road had not yet been dedicated to Billings Road District and apprised the district that negotiations are underway with the builder to correct the problems.

Nadine O'Gaffney said when they retired to quiet Christian County to do a little farming, they were not prepared to do a little fighting.

"It's stressful," she said. "The first time it rained, I stood in the barn and it was just like a river. Our horses were in 4 inches of water."

Ernest O'Gaffney said he was shocked at the lack of oversight of builders in the county.

"Anybody with a hammer and a pickup truck is a developer," Ernest O'Gaffney said.

The remedy

Ernest O'Gaffney said he doesn't want other home buyers to suffer the same fate.

"I'm doing this to stop this from happening to anyone else," Ernest O'Gaffney said. "We will start gathering the signatures for the April ballot. What am I supposed to do, sit there until I sink."

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