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2004-009-ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING NEW SECTION 7-58 TO ARTICLE III OF CHAPTER 7 ORDINANCE NO. 2004-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING A NEW SECTION 7-58 TO ARTICLE III OF CHAPTER 7 THEREOF PROVIDING FOR WRITTEN PROOF OF PROPER AND LEGAL DISPOSAL OF SUBST ANDARD, DANGEROUS, OR HAZARDOUS BUILDING MATERIALS AT A LANDFILL; THAT SAID CODE BE FURTHER AMENDED BY ADDING A NEW SECTION 7-28 TO ARTICLE II OF CHAPTER 7 THEREOF PROVIDING FOR WRITTEN PROOF OF PROPER AND LEGAL DISPOSAL OF ALL MATERIALS FROM A BillLDING OR STRUCTURE FOR WmCH THE DEPARTMENT OF COMMUNITY DEVELOPMENT ISSUES A PERMIT TO DEMOLISH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, did heretofore, on the 10th day of June, 2002, amend the Code of Ordinances of the City of Paris, Paris, Texas, by adding a new Article III to Chapter 7, Sections 7-46 through 7-56, entitled "Substandard and Dangerous Buildings and Structures" and by adding a new Article IV to Chapter 7, Sections 7-81 through 7-89, entitled "Secured Building Permit"; and, WHEREAS, Section 54.004 of the Local Government Code authorizes home rule cities to enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the city and its inhabitants; and, WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032 (3), applies to dangerously damaged or deteriorated buildings or improvements; and, WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032 (5), relates to a building code or to the condition, use, or appearance of property in a municipality; and, WHEREAS, Subchapter A of Chapter 214 of the Local Government Code authorizes a home rule city to enforce all ordinances necessary to prevent and summarily abate and remove nuisances; and, WHEREAS, Subchapter A of Chapter 214 of the Local Government Code, at Sections 214.001 through 214,004, authorizes a home rule city by ordinance to require the vacation, securing, repair, removal, or demolition of a building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; and, WHEREAS, Subchapter A of Chapter 214 of the Local Government Code, Section 214,001 (m) and (n) authorizes a municipality to vacate, secure, repair, remove, or demolish a building at its own expense, to assess the expenses of such action against the owner of the property, and to place a lien on the property on which the building was located; and, WHEREAS, the City Council desires to adopt this ordinance to require the owner or the lienholder of property to furnish written proof to a City of Paris Code Inspector of the proper and legal disposal at a landfill of all materials from a substandard, dangerous, or hazardous building or structure, and to require a property owner to furnish written proof to the City of Paris Community Development Department of proper and legal disposal at a landfill of all materials from a building or structure for which the City of Paris Community Development Department issues a permit to demolish a building or structure, and to make the violation of this ordinance a misdemeanor; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended by adding a new section 7-58 to Article III of Chapter 7 to read as follows: "Sec. 7-58. Duty to furnish proof of proper and legal disposal to Code Inspector. "A property owner or a lienholder of property shall, furnish written proof to a City of Paris Code Inspector of the proper and legal disposal at a landfill of all materials from a substandard, dangerous, or hazardous building or structure demolished pursuant to this article. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fmed in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of this section shall constitute and be deemed a separate offense." Section 3. That the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended by adding a new section 7-28 to Article II of Chapter 7 to read as follows: "Sec. 7-28. Duty to furnish proof of proper and legal disposal to Department of Community Development. "A property owner, shall, pursuant to obtaining a permit to demolish a building or structure issued by the City of Paris Community Development Department under this article, furnish to the Department of Community Development written proof of the proper and legal disposal at a landfill of all materials from the demolition of said building or structure. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of this section shall constitute and be deemed a separate offense." Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fmed in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense, Section 5. That all ordinances or parts of ordinances in conflict herewith and not expressly addressed herein are hereby repealed to the extent of such conflict only. Section 6. That this ordinance shall become effective on May 1, 2004, PASSED AND APPROVED this 12th day of April, 2004, ("' ( ---- -, Curtis Fendley, MaYor ATTEST: APPROVED AS TO FORM: