03-E Hist Pres.Comm. (10/14/02) - Laserfiche WebLink

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October 14, 2002 Page 19 of 35 will need to have rules of decorum. Rules that address how long someone may speak; how you recognize persons who want to speak; the criteria for recognizing those individuals, such matters as that. One point to make here in the nature of the Building and Standards Commission, you may have parties that are represented. They may have legal representation for the purposes of what they do before you but they are not entitled to cross examination of the other witnesses. Nor are those witnesses entitled to cross examine the individuals appearing. This is not a court of law. It is an administrative commission. So the concept is that the commission is supposed to do the questioning. You will ask questions of the staff that bring the cases to you. You will ask questions of the property owner who is there to respond to those questions and plead his or her case. Then you will deliberate and make a decision as to the disposition of the property. It is not an advocacy proceeding for the two parties to argue it out. Page six addresses the meetings again that we talked about open to the public; formal officers of chair and vice-chair; provides for your quorum; provides for keeping the minutes. On page 6 under C, the middle of the page, we provided that the burden of proof in discerning or demonstrating the scope of work that is required to comply with the article is on the property owner, lienholder, or mortgagee. What that means is that the staff is to present you to a case, pictures, hopefully a thorough analysis of a building that is not compliant with code, burned out, represents a threat to health and safety. The property owner then has the burden if they want that property not demolished to demonstrate to your satisfaction with whatever evidence you deem appropriate that in fact they have the financial wherewithal, the capability to do what they say they are going to do to repair or return this structure to where it is no longer a threat to health and safety. Health and safety is something that I need to emphasize. That the essence, the essential element of both of these ordinances. Texas law does not per se recognize this test. It recognizes health, safety, and what is the best for the general benefit of the public. This is truly a health and safety ordinance. The whole purpose of this commission, Building Standards Commission, looking at property owned by someone else is that person has not met the minimum community standards for maintaining that property and not having that property represent a substantial risk to the health and safety of the general public. I have said many times before in the cases we have about mowing weeds; the city would just as soon no be involved in that business. It would be a perfect world if everybody mowed their grass. And mowed it promptly on the property they own, then we could take care of streets and we would not have to have that statute. The same is true here. This is not the City of Paris mainstream business. We take care of streets; we provide you water and sewer. gap m tape ...of volunteers and I thank you for it.