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03/18/2013 MINUTESMINUTES OF THE REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION MONDAY, MARCH 18, 2013 3:00 P.M. 1. Don Wilson called the Building and Standards Commission Meeting to order at 3:11 P.M. Roll was called. A. The following members were present: Don Wilson Johnny Norris Wendell Moore Vicky Ballard B. Staff present: Robert Talley Nicki Brown Kent McIlyar Larry Wright C. Others present: Sue Lancaster — City Council Robert Giberson — home owner Joyce Freeman — home owner 2. Approval of minutes from previous meetings. (February 18, 2013) Motion was made by Johnny Norris and seconded by Wendell Moore to approve the minutes for the February 18, 2013 meeting. Motion carried unanimously. 4 -0 3. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and /or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures ": Request was made by Robert Talley to move to item 3. E., 940 W. Cherry, City Block 83, Lot 38 E. 940 W. Cherry, City Block 83, Lot 38 Owner: Robert and Amanda Giberson, 1280 CR 32220 Sumner, TX 75486 Present: Robert Giberson — no back taxes owed. Mr. Talley stated that the property at 940 W. Cherry has several holes in the roof, pieces are missing, there is missing or deteriorating wood and shingles, several boards are sticking out, the roof line has a truckers tarp laying on it, and there is a collapsed shed on the side of the house. Mr. Giberson stated that he doesn't live at the house but parts of the house are used for storage. The parts with the leaks in the roof cannot be used for storage. He doesn't have the financial means to demolish the house. He stated that he feels the property is not hurting anyone and that the inside is solid and he doesn't see the need to demolish the house. Mr. Giberson also stated that there are hot wires at the property where the electrical company pulled the meter. Mr. Giberson asked what the average cost of a demolition is and Robert Talley stated it is estimated to be $2731.83. There was discussion about continued deterioration of the property if it's not repaired and payment plans if the City demolishes the house. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Johnny Norris, seconded by Wendell Moore to table the property until the April 2013 meeting to give Mr. Giberson time to decide if he wants to repair or to work out a payment plan with the City of Paris for demolition of the property. Motion carried unanimously. 4 -0 Request was made by Robert Talley to move to item 3. B., 417 NW 12th, City Block 49, Lot 12 B. 417 NW 12th, City Block 49, Lot 12 Owner: Joyce Freeman 6926 FM 195 Paris, TX 75462 Present: Joyce Freeman — No back taxes are owed. Robert Talley showed pictures of holes in the roof, deterioration and missing wood and shingles, the structure is leaning, and there is junk and rubbish on the property. Joyce Freeman stated that the house has been leveled and she plans on repairing the structure. She stated that there is a hole in the roof but it's on the porch and she has already put new wiring in the house. Don Wilson informed Mrs. Freeman she will need a building permit to start on repairs. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Johnny Norris, seconded by Vicky Ballard to allow Joyce Freeman 90 days to complete repairs to the roof, siding, window seals, and to clean up and secure the property. Motion carried unanimously. 4 -0 A. 1030 E. Hickory, East Park Addition, Block P, Lot 1 Owner: Clinton Henry % Betty Franklin 1312 NE 46th Oklahoma City, OK 73111 No contact has been made with the owner. No back taxes are owed. Robert Talley showed pictures of deterioration of the porch, side wall buckling, missing and deteriorating wood, porch collapsing, sinking, separating, under penning folding up, sidings warping, and the shed in back is also deteriorated. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Johnny Norris, seconded by Wendell Moore to follow Robert Talley's recommendation for the property to be demolished in 30 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4 -0 C. 943 W. Sherman, City Block 133, Lot 3 Owner: Manuel E Darnell Sr. 961 W. Sherman Paris, TX 75460 No contact has been made with owner. Robert Talley stated that this property was brought before BSC once before and a demolition order was attached but before the paperwork was filed the property sold. This property was in the process of being demolished and then the owner stopped cleaning it up. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Wendell Moore, seconded by Vicky Ballard to follow Robert Talley's recommendation for the property owner to demolish the property in 30 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4 -0 D. 945 W. Cherry, City Block 51, Lot 1 Owner: Kenneth Eugene Frierson, 945 W. Cherry St. Paris, TX 75460 -3959 No contact has been made with owner. $1009.00 back taxes owed. Robert Talley showed pictures of holes in the roof, porch is caving in, carport has fallen in, unsecure, junk and rubbish on property. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Johnny Norris, seconded by Vicky Ballard to follow Robert Talley's recommendation for the property owner to demolish the property in 30 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4 -0 F. 433 NE 7th, City Block 52, Lot 9 Owner: Ongie Fox % Billy Ongie Fox 4301 Clemson Dr. Garland, TX 75042 The certified letter green card was signed for but we have had no contact. No taxes are owed. Robert Talley stated that the roof is peeling, unsecure, deteriorating, the inside is leaking and has water damage and there are holes in the floor. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Wendell Moore, seconded by Johnny Norris to follow Robert Talley's recommendation for the property owner to demolish the property in 30 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4 -0 G. 405 NW 5th, City Block 53, Lot 12 Owner: Jimmy Furtch, 626 NW 5th Paris, TX 75460 No contact has been made with owner. $3227.04 back taxes owed. Robert Talley showed pictures of the property where it's unsecure, deteriorating, holes in roof, no windows and some of the siding and wood are missing. Robert Talley's recommendation: 30 days to demolish if not the City has the right to demolish and apply a $1000 per day civil penalty. Motion was made by Johnny Norris, seconded by Wendell Moore to follow Robert Talley's recommendation for the property owner to demolish the property in 30 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4 -0 4. Code Enforcement update. (1) Don Wilson asked about Mrs. Camsters house. Robert Talley stated that the work is being done. (2) Don Wilson asked about Kevin Kears house on 7th and Graham. Robert Talley stated that the house has sold and he is giving the new owner time to get a plan together. (3) Robert Talley went over a spreadsheet and PowerPoint that he prepared for the committee of demolitions and cost. An average demolition's cost at this time is $2731.83. (4) Don Wilson asked at what point does the City take over a property if the owner doesn't or stops paying for his demolition. Robert Talley explained that even though the property owner signs an agreement to pay for the demolition code enforcement still files a lien against the property. (5) Updates on the property at Fitzhugh that Mike Malone owned was talked about, and that it has been sold to someone else. A work order has been given to demolition crew so when they are back in East Paris the property at 424 Fitzhugh will be demolished unless the owner does it first. (6) Update on Cherry St. Manor — Jamie Jetton has purchased it and the front part of the building is being demolished and the back they are going to try to repair. (7) 260 South Main update — This has been given to District Court, Will Baird. We have not received an updates at this time. (8) Kent McIlyar, Robert Talley, Joey Sleeper and John Godwin, met concerning the receivership of property. Robert Talley gave the BSC members some paper work to look at and they will discuss it at the next meeting. (9) Don Wilson asked Kent McIlyar to explain to the committee the outcome of the talk in the past about when a structure has been issued a demolition order and the owner comes in and wants to repair the structure and wants a building permit we should handle this. Kent said the owner can appeal the decision to a District Court or ask for a re- hearing. They can NOT get a building permit. Repair order property can be sold but the orders stay with the property. (10) Don Wilson explained that he had a meeting with City Board Members and the mayor around a month ago about property like the one on 3rd NW where there is a hole in the roof but the people are living in the house. He suggested looking into an ordinance if the property is a rent house we should tag the house and when the renter that lives in the house moves out the property cannot be rented until the violation is fixed and the structure is secure and safe. These are unsafe living conditions and we should put an order on the water or electric account that if one person moves they cannot get services until the structure is secure. (11) Wendell Moore has concerns about Mr. Giberson's statement that there are hot wires on his property left by the electrical company. Robert Talley is going to inspect this property. 5. Future agenda items. (1) Next meeting April 15, 2013. 6. Adjournment Motion was made by Johnny Norris, seconded by Wendell Moore to adjourn the meeting at 4:12pm. Motion carried unanimously. 4 -0 APPROVED THIS 15th DAY OF APRIL 2013. IV FrOpull" 11 Chairman