15 - BUILDING STANDARDS COMMISSIONItem No. 15
memorandum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: BUILDING STANDARDS COMMISSION
DATE: February 24, 2017
BACKGROUND: When an order from a code enforcement officer concerning issues such as
high grass or litter is not complied with, we have a relatively simple process whereby we can
enter the property and perform the work, usually after ten days. However, when it comes to
junk, which is an all too common problem in some areas of town, we are much more restricted,
because junk can be considered personal property. Attempts to take corrective action can take
months, may involve the courts, and in the end are often not successful in any case. Therefore,
we have been looking for an option that would speed up the abatement process, yet still limit any
legal liability we might incur in doing so.
STATUS OF ISSUE: As you know, the Building Standards Commission has long had authority
to issue legal, enforceable orders for dangerous buildings— repair, secure, and/or demolish. We
have prepared a new ordinance that would grant the BSC the same type authority over junk,
specifically to conduct public hearings and order the storage or removal of junk. We think this
can be a very helpful tool when dealing with uncooperative property owners with yards full of
junk and rubbish. At its last meeting the BSC reviewed and discussed the proposed new
ordinance and unanimously recommended its adoption by the city council.
BUDGET: NA.
RECOMMENDATION: Approve attached ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DECLARING JUNK AND RUBBISH, AS DEFINED HEREIN, TO BE A PUBLIC
NUISIANCE; AUTHORIZING THE BUILDING AND STANDARDS
COMMISSION TO CONDUCT PUBLIC HEARINGS, AND TO ISSUE ORDERS
TO REMOVE OR STORE SAID JUNK AND RUBBISH; AUTHORIZING THE
CITY TO PERFORM SUCH WORK AND FILE LIENS IF ORDERS OF THE
COMMISSION ARE NOT COMPLIED WITH; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain kinds of junk that are not properly stored or disposed of
represent a threat to the life, health, and safety of City residents; and
WHEREAS, the City Council has determined that the public health, safety, and
welfare are served by the creation of a process to eliminate junk within its corporate limits;
and
WHEREAS, Texas Local Government Code Chapter 54, Subchapter C, "Quasi- Judicial
Enforcement of Health and Safety Ordinances," provides that a municipality may invest its
Building and Standards Commission with the authority to hear and determine cases
concerning alleged violations of ordinances relating to conditions caused by accumulations
of refuse, vegetation and other matter that create breeding and living places for insects and
rodents and relating to the condition, use or appearance of property in the municipality;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 17 -21, "Definitions," out of Article II, of Chapter 17,
"HEALTH," shall be amended to amend the definitions of "Rubbish" and "Junk" to read as
follows:
"Rubbish shall mean both garbage and trash and shall include all animal, vegetable and
inorganic matter subject to discard which is generated from within a household, residence,
or business, such as, but not limited to, coffee grounds, tin cans, bottles, paper bags, plastic
items, boxes, glass, and food articles, and additionally, shall include all animal, vegetable,
and inorganic matter subject to discard which is not typically generated from within a
household, residence, or business, such as shrubbery, grass clippings, brush, yard cleaning
materials, leaves, tree trimmings, and other similar wastes."
"Junk shall mean scrapped, broken, or neglected items and materials. Junk includes items
such as plastic, cloth, glass, rags, paper or metals that can be converted into usable articles
or stock, or articles that have outlived their usefulness in their original form. Examples of
"junk" include, but are not limited to, empty bottles and jars; empty metal, plastic or paper
products; stoves, refrigerators, iceboxes, and other discarded, broken, or neglected
electrical, gas or hand - operated appliances; pieces of metal scrap; feathers; furniture; dead
animals; rocks; shingles and other discarded and /or pre -used building materials; discarded
and /or pre -used electrical and plumbing materials; junk; trash; refuse; worn -out, wrecked,
or dismantled machinery, tractors, and automobiles; discarded engine or motor parts;
automobile and truck parts of all descriptions; used tires, wheels and inner tubes;
discarded batteries; cardboard; broken pieces of concrete; previously used packing
materials, discarded, broken, or neglected household goods and furnishings; or any
household item, including plumbing fixtures and materials, located outdoors that is
designed for indoor use; as well as parts and pieces of any of the foregoing."
Section 3. That Section17 -26, "Additional authority to abate dangerous weeds
without prior notice," shall be re- captioned "Additional authority to abate dangerous
weeds without prior notice, and to abate junk and rubbish following an order of the
Building and Standards Commission," and amended to read:
"(a) Authority to abate dangerous weeds. The City may abate, without prior notice,
weeds that:
1) Have grown higher than forty -eight (48) inches; and
2) Are an immediate danger to the health, life, or safety of any person.
"(b) Notice of abatement. Not later than the tenth day after the date the City abates
weeds under this section, the City shall give notice to the property owner in
the manner required by subsection 17 -25(b) of this article. The notice shall
contain the items specified in subsection 17 -28(a) of this article.
"(c) Hearing. The City shall conduct an administrative hearing under this
section if not later than the thirtieth day after the date of the abatement of
the weeds the property owner files with the City a written request for a
hearing. If a hearing is requested, it shall be conducted according to
subsection 17 -28(c) of this article, except that the hearing shall be
conducted by the municipal court judge not later than the twentieth day
after the date a request for hearing is filed.
"(d) Authority to abate junk and rubbish. The City may abate junk and rubbish,
as defined herein, as follows:
1) All junk and rubbish shall constitute a menace to the health, morals,
safety, or general welfare of their occupants or of the general public are
declared to be public nuisances and shall be ordered to be removed or
stored.
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.
9) Appeals from orders of the building standards commission issued under
the authority of this section shall be taken in the same manner and
subject to the same requirements as appeals under Section 7, Article III,
Section 7 -51, 'Judicial Review. "' Any order of the commission which is not
timely appealed as set forth in that section is in all things final and
binding.
Section 4. That Chapter 7, Article III, Section 7- 49(e), "Authority of the
commission," relating to the authority of the building and standards commission, shall be
amended by adding subsection 7- 49(e)(8), to read as follows:
"(8) Provide notice, conduct public hearings and issue orders related to the abatement of
public nuisances related to junk and rubbish as set forth in Chapter 17, Article II, Section
17 -16 of this Code of Ordinances."
Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 6. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 7. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 8. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above - enumerated sections shall constitute
and be deemed a separate offense.
Section 9. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
this 27th day of March, 2017.
A.J. Hashmi, M.D. Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney