2017-009 - Declaring Junk and Rubbish a Public Nuisance; authorizing the Building & Standards Commission to ....

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2) The building and standards commission may, upon due notice as set forth in Chapter 7, Article III, of the Paris Code of Ordinances, conduct public hearings and other proceedings to implement and enforce the provisions of this ordinance. In any event, public hearings as set out herein shall be conducted as otherwise provided in Chapter 7, Article III of the Paris Code of Ordinances. 3) After a hearing on an affected property, the commission shall reduce any order it issues to writing. Each such order shall specify the action to be taken as part of the notice and shall order the owner, lienholder, or mortgagee of the building to, within thirty (30) calendar days, remove the junk or rubbish or otherwise store it in a secure, safe, enclosed, and appropriate storage area or facility, designed and built for said purpose, within thirty (30) calendar days. If the commission allows the owner, lienholder, or mortgagee more than thirty (30) calendar days to remove or store the junk or rubbish, the commission shall set forth specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. In no case shall the commission allow the owner, lienholder, or mortgagee more than ninety (90) calendar days to remove or store the junk or rubbish. 4) If junk or rubbish is not removed or stored in accordance with an order of the building and standards commission within the time periods set forth therein, the City may remove or store the junk or rubbish on its own initiative. 5) The building and standards commission may also assess civil penalties in cases brought under this section in the same manner as set force in Chapter 7, Article III, Sec. 7 -49 of this Code of Ordinances. 6) If the City incurs expenses under this section, the City may assess the expenses on, and the City has a lien against (unless it is a homestead as protected by the Texas Constitution), the property on which the junk or rubbish was or is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the Lamar County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the City, and the balance due. 7) If the notice is given and the opportunity to remove or store the junk or rubbish is afforded to each mortgagee and lienholder as authorized herein, the lien is a privileged lien subordinate only to tax liens. 8) Orders of the building and standards commission shall be filed, published and mailed in accordance with the requirements of Chapter 7, Article III, Section 7 -49 in the same manner as any other order of the commission.