2017-017 - Forgiving Certain Civil Penalties Assessed Against the Property Located at 104 Bonham StreeRESOLUTION NO. 2017 -017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST
THE PROPERTY LOCATED AT 104 BONHAM STREET; FINDING A
PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on September 19, 2017, after notice, publication and hearing as required by
law, the Building and Standards Commission of the City of Paris ordered and assessed civil
penalties on the property located at 104 Bonham St., otherwise known as the First National
Bank Building, as authorized by the Code of Ordinances of the City of Paris, Chapter 7, Article I11,
Section 7 -49; and
WHEREAS, in a Notice of Order dated September 21, 2016 memorializing the order of
said hearing, a copy of which is attached hereto as Exhibit "A" and incorporated by reference
herein, said civil penalties were assessed in the amount of $100.00 per day to begin accruing on
September 30, 2016; and
WHEREAS, as of February 13, 2017, civil penalties in the amount of $13,700.00 have
accrued under said order, none of which have been paid; and
WHEREAS, pursuant to Code of Ordinances Chapter 7, Article III, Section7- 49(7), civil
penalties shall accrue interenst at the rate of ten (10) a year from the date of assessment until
paid in full; and
WHEREAS, interest on the civil penalties referenced herein from the date of assessment,
September 30, 2016, to February 13, 2017 had accrued in the amount of $510.47; and
WHEREAS, on February 13, 2017, the City council forgave civil penalties and interest
assessed and accrued against the property in the total amount of $14,210.47, after finding a
public purpose to do so; and
WHEREAS, on February 20, 2017, the Building and Standards Commission voted to
vacate its order of September 21, 2016 imposing civil penalties on the property at 104 Bonham
Street; and
WHEREAS, between February 14, 2017 and February 20, 2017, an additional $700.00 in
civil penalties and $2.49 in interest accrued; and
WHEREAS, the First National Bank building is a dangerous structure, to wit: the west
wall facade has detached from the remainder of the building and is at risk of collapse,
endangering the public as well as surrounding properties; and
WHEREAS, the First National Bank building is a historic building, having survived the
great Paris fire of 1916, and is of vital significance and importance to the Paris Plaza and the City
of Paris at large; and
WHEREAS, the City Council finds a public purpose in forgiving the $700.00 in civil
penalties and $2.49 in interest accrued between February 14, 2017 and February 27, 2017 in
order to make those funds available to the property owner for the repair of the west wall for the
health and safety of the public and surrounding properties and for the remainder of the building
due to its historic significance to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. The City Council hereby forgives civil penalties and interest assessed and
accrued against the property located at 104 Bonham Street between February 14, 2017 and
February 27, 2017 in the total amount of $702.49 for the public purpose of making those funds
available to the property owner for the repair of the west wall for the health and safety of the
public and surrounding properties and for the remainder of the building due to its historic
significance to the City.
Section 3. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 27th day of Fe
HIE
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ATTEST: `CO:
F ' A ',
ice Ellis, City Clerk
APPROVED AS TO FORM:
Steph nie H. Harris, City Attorney
136819 -2016 Pages: 3 NOT
9/21/2016 09/22/2016 04:16:21 PM By: rsisson
Lamar County, TX
Russ Towers - County Clerk
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SEF 21
CTRA Property Holdings Corporation
8004 Two Coves DR
Austin, TX 78730
NOTICE OF ORDER
According to the real property records of Lamar County, you either have an ownership interest in or
hold a lien on the real property described below. A City of Paris Code Inspector presented the
property identified below at a hearing before the Building and Standards Commission of the City of
Paris, Paris, Texas on September 19, 2016 at 3:30 PM at City of Paris Council Chambers, 107 E
Kaufman(Old Central Fire Station) Paris, Texas. At the conclusion of the hearing, the Buildings
and Standards Commission made the following findings and issued the following ORDERS:
ORDER NO. DS 16 -59
AN ORDER OF THE CITY OF PARIS, PARIS, TEXAS BUILDING AND STANDARDS
COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND
DANGEROUS STRUCTURE /S LOCATED AT 1" Nation NW Corner Plaza (104 Bonham)
PARIS, TEXAS
WHEREAS, the Building and Standards Commission for the City of Paris previously
conducted a public hearing on 5/23/16, wherein the structure located at 1" Nation NW Corner
Plaza (104 Bonham), more particularly described as City Block 8, Lot 7 Paris, Texas "Property
was agenda item number 2A; and
WHEREAS, notice for the said public hearing on 5/23/16 was timely mailed and
published in the local newspaper in accordance with Article III, Chapter 7 of the City of Paris Code
of Ordinances, and the owner of the property appeared at said hearing; and
WHEREAS, based upon the evidence presented at said hearing on 5/23/16, the Building
and Standards Commission found that the Property is in violation of Article 1I1, Chapter 7 of the
Code of Ordinances of the City of Paris, Paris, Texas, to wit:
Brick veneer on west wall is separating from the main west wall, cornice on east wall
is damaged; and
WHEREAS, the Building and Standards Commission further declared said property to be a
public nuisance and ordered that the property be repaired within 90 days of the Order mailed to the
owner on May 26, 2016; and
WHEREAS; notice for the public hearing held on 9/19/16 was timely mailed and published
in the local newspaper in accordance with Chapter 7, Article III of the City of Paris Code of
Ordinances, and the owner actually appeared at the hearing,
WHEREAS, at the public hearing on 9/19/16, during which a City of Paris Code Inspector
and the owner both presented evidence. the Building Standards Commission found as follows:
1. The owner of the structure received actual notice of the provisions of Chapter 7,
Article 111 of the City of Paris Code ol'Ordinances: and
TXHIBI -T
2. After the owijer received notice of the provisions of Chapter 7, Article 11. of the City of'
Paris Code of Ordinances, the owner failed to take action necessary for compliance
with said article and further failed to comply with the terms ofthe May 26.2016 Order.
THEREFORE, IT IS HEREBY ORDERED BY THE BUILDING AND
STANDARDS COMMISSION OF THE CITY OF PARIS THAT:
❑ The property be demolished and that all work be completed within
days of the date of the public hearing.
D The property be repaired and that all work be completed within days
of the date of the public hearing.
❑ The property be removed and that all work be completed within days
of the date of the public hearing.
❑ The property be secured within days of the date of the public hearing.
❑ If the work is not completed within the time stated above, the City of Paris
will demolish the structure and assess expenses for the demolition against the
1 property on which the structure was located.
U7 A civil penalty of $100.00 per day plus interest for each day the work ordered
in the Building and Standard Commission Order mailed to the owner on May
26, 2016 is not completed is assessed against the property owner starting on
9/30/2016.
IK The property owner or a lienholder of the property shall, pursuant to City
Ordinance No. 2004 -009, furnish written proof to a City of Paris Code
Inspector of the proper and legal disposal at a landfill of all materials from
the demolition of the building or structure."
You are advised that you may be entitled to have a Court determine
the outcome of the decision and order of the City of Paris Building and
Standards Commission concerning your property. You should contact
your own attorney for legal advice and this notice to you is not to be
taken as legal advice to you by the City of Paris or by any of its
employees or officials.
You are advised that pursuant to section 7 -51 and section 7 -53 of the
City of Paris Code of Ordinances, you have a right to appeal a decision
and order of the Building and Standards Commission by filing a
petition to a District Court in Lamar County, Texas, within thirty (30)
calendar days after the date a copy of the final decision and order of
the Commission is personally delivered or mailed by first class mail,
certified return receipt requested, to you. If no appeal is taken
pursuant to section 7 -51 of the Paris Code of Ordinances from the
decision and order of the Commission within the required period, the
decision and order of the Commission is final and binding.
ORDERED ThiS 19th DAY OF SEPTEMBER, 2016.
ATTEST:
Secretary
ED AS TO FORM:
%;
H. Harris, City Attorney
CM: 70150640000665319663
irperson
Robert Talley. Code Enforce t Supervisor
903 - 784 -9219