For the past several years, the 400 block of 2nd Street in downtown Gladbrook has been marred by a trio of dangerous and dilapidated storefront properties. The three brick buildings pictured, owned by Jerry Paustian of Lincoln, have been the center of a lengthy court battle between Paustian and the city of Gladbrook, – Photo by Darvin Graham

A bench warrant is just the latest development in the years-long legal wranglings between the City of Gladbrook and a downtown commercial property owner as the city works to abate three nuisance properties.

According to a petition for abatement filed by the City of Gladbrook against property owner Jerry Lowell Paustian, 77, the nuisance issues date back to 2014.

Paustian’s three parcels are located at 407, 409, 411 Second Street, Gladbrook, and each parcel contains a brick commercial building. The buildings are linked to one another and share two common walls.

In a petition filed January 21, 2019, the city alleged Paustian had either caused or permitted the hoarding of junk and flammable materials in the buildings to reach such a point as to render the buildings public nuisances.

Prior to the 2019 abatement petition, notice to abate was previously served on June 23, 2018. No action was taken by Paustian at the time to abate the nuisances. Paustian pled not guilty on August 10, 2018.

A trial was held in Tama County Magistrate Court on October 2, 2018, for which Paustian failed to appear.

The judge in the case dismissed the action without prejudice due to a defect in the City of Gladbrook’s documents. The documents failed to contain a legal description of Paustian’s property at issue.

In the subsequent January 2019 petition, the City of Gladbrook stated since the trial, Paustian had still not taken any steps to abate the nuisance while “the buildings continue to menace the public health, welfare, and safety, lack adequate safe egress, and constitute a fire hazard.”

As a result of the city’s January 21, 2019 petition for abatement, the court issued an order on May 13, 2019, that the condition of the three properties owned by Paustian did, in fact, constitute a nuisance and ordered Paustian to take action to abate the nuisance as well as to lock and secure the buildings.

In January of 2020, the City of Gladbrook filed an application for contempt against Paustian for failing to comply with the order. As a result of that filing, Paustian was found to have taken some steps to abate the nuisance as pathways through the buildings’ debris appeared between May 13, 2019, and December 11, 2019, according to witnesses.

In March of 2020, Paustian was found not in contempt but was ordered to continue to remove material and debris from the three properties. The court also ordered Paustian and the City of Gladbrook to meet bimonthly to monitor his progress. The first meeting was to occur no later than May 1, 2020.

A contempt hearing was held on February 5, 2021, by Zoom. Paustian represented himself in the matter. Paustian was found to have made little to no progress on cleaning up the buildings since March of 2020. He was also found to have not secured the windows of the buildings.

During the hearing, Paustian told the court he had been experiencing medical issues which interfered with his ability to follow the March 2020 court order including emergency back surgery and a fall on the ice leading to the use of crutches. Paustian submitted to the court 17 pages of medical records detailing his medical issues.

In April 2021, Paustian was found in contempt of court and given a deadline of December 31, 2021, to clean up his three properties or pay a fine of $500 and serve 30 days in the county jail. He was also ordered to pay court costs.

On January 26, 2022, Gladbrook Mayor Trudi Scott filed an affidavit in support of the City of Gladbrook’s latest application to enforce a contempt of court charge on Paustian.

Scott stated in her affidavit that the December 31, 2021 deadline had come and gone while debris and material continued to accumulate in Paustian’s buildings and new openings in the buildings were appearing through which animals could enter.

Scott included several photographs with her affidavit.

A bench/public arrest warrant was subsequently issued for Paustian’s arrest on February 10 of this year. Paustian is listed as a resident of Lincoln, Iowa in the warrant. No bond was set with the warrant.

In addition to the bench warrant, Paustian was ordered by the court to abate the nuisance by April 1, 2022, or be further held in contempt.

As of Tuesday, February 15, Paustian had not been arrested according to officials with the Tama County Sheriff’s Office.

The City of Gladbrook is represented by attorney Michael Marquess of Marshalltown.