BELLEVILLE — A judge ruled that city officials had the right to demolish a downtown building after a fire two years ago, but it's still unclear who has to clean up the asbestos and hole left behind.

The city believes the judge's ruling means property owners of the site at Jackson and East Main streets must pay for the demolition and cleanup.

But Penni Livingston, attorney for property owner Ronnie Phillips, said Friday she plans to appeal the decision.

"The city can keep looking at the hole, I guess, if the city doesn't want to help pay for this," Livingston said.

Livingston maintains the city did not have the right to tear down Phillips' commercial building without a required 15-day notice, court order and notification to the Illinois Environmental Protection Agency.

She also believes the city should help pay for the cleanup and compensate Phillips for the loss of rent money.

Within hours of the fire on May 26, 2010, Mayor Mark Eckert hired Hank's Excavating and Landscaping to tear down two buildings.

St. Clair County Circuit Judge Vincent Lopinot stated in an order Tuesday that "... the building was in a dangerous fire condition and the corporate authorities had the authority to put the building in a safe fire condition by demolishing the building."

Lopinot also said the city had the authority to demolish the structure without a notice or court order.

And, Belleville has immunity from an alleged failure to properly inspect the property or determine if the property was a hazard to health or safety, Lopinot stated.

Eckert said he ordered demolition "for the purpose of doing what's right for Belleville."

Attorney Julie Bruch, who represents the city, said that if Phillips does not willingly clean up the site, a bench trial will resolve when the cleanup must occur and whether Phillips has to turn over insurance money he received for the incident.

Last year, State Farm wrote a $47,583 check to Phillips and the city, to pay for part of Hank's demolition fee of $88,578. Hank's has not been paid.

Livingston said Phillips would give the city the check for demolition costs if the city agreed to split the asbestos remediation bid of $42,000 four ways among Phillips, the city, Hank's and Chester Nance, the owner of the other property that burned.

Livingston questions how the city could continue to spend money on attorney fees and not chip in for asbestos removal.

The buildings contained three businesses -- the Classic Curl beauty salon, a Chestnut Health Systems mental health center and the Hilltop Emporium thrift shop. The latter two businesses were in Phillips' building.

Nance did not file a lawsuit, but said he only gave the city verbal permission to tear down a wall, not the entire structure, and the city acted too soon.

Contact reporter Jacqueline Lee at jlee@bnd.com or 239-2655. Follow her on Twitter at twitter.com/BNDBelleville.

Contact reporter Jacqueline Lee at jlee@bnd.com or 239-2655. Follow her on Twitter at twitter.com/BNDBelleville.