Loading...
16 - DOWNTOWN BUILDING REGISTRYItem No. 16 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: DOWNTOWN BUILDING REGISTRY DATE: March 3, 2017 BACKGROUND: Paris is blessed with a large number of very valuable, historically significant buildings. Many have been redeveloped and /or repurposed, and many more are underway. We continue to have a number of buildings that sit vacant and idle, however, making the downtown as a whole less appealing and vital, and potentially harming the business potential of those who have invested downtown. Safety is another concern; if a neighboring building is not secure, it has great potential to harm neighboring buildings. Potential developers are often put off by the condition of such structures. STATUS OF ISSUE: One tool that has been used successfully in a number of cities with older downtowns is a building registry. All unused buildings must be registered with the city. In this way, the city has immediate contact information if anything goes wrong, certain basic standards of care are put in place to keep those buildings from deteriorating, and unused properties pay a fee for the registry that has been shown in many cases to encourage development of appropriate uses. The Main Street advisory board reviewed the proposed registry ordinance at their February meeting and unanimously recommended its adoption. BUDGET: NA. RECOMMENDATION: Adopt attached ordinance. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES, "BUILDING AND BUILDING REGULATIONS," TO ADD ARTICLE VIII, "VACANT BUILDING REGULATIONS," TO CREATE A REGISTRATION PROGRAM FOR ALL VACANT CENTRAL AREA BUILDINGS; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris includes a significant number of vacant structures in the downtown central area, many of which are old and /or in disrepair; and WHEREAS, such properties that are not properly and routinely maintained and repaired represent a threat to the life, health, and safety of City residents; and WHEREAS, in the case of emergency at any such building, it is vital that the City be able to promptly contact the owners thereof; and WHEREAS, the City Council has determined that the public health, safety, and welfare are served by the creation of a registration program for such vacant structures in the Central Area of the city; 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 Chapter 7, "Buildings and Building Regulations," of the Code of Ordinances, shall be amended to add Article VIII, "Vacant Building Regulations," which will read in its entirety as follows: "Article VIII. - BUILDING AND BUILDING REGULATIONS "Sec. 7.165 - Title. This article shall be cited as the `Vacant Building Regulations Ordinance.' "Sec. 7 -166 - Purpose. There are hereby adopted rules and regulations regarding vacant structures in the Central Area (CA) zoning district, as that district is defined in zoning ordinance No. 1710 of the Paris Code of Ordinances, as may be from time to time amended. This article shall be known and may be cited as the vacant building regulations. "Sec. 7 -167 - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Central Area shall mean the area located as adopted and described in the City of Paris Zoning Ordinance No. 1710 as may be from time to time amended. "Historic landmark shall mean an individual structure or property which has been designated as such through approved means by city council, state or federal authority. 'Lawful activity shall mean that activity for which the structure was built or intended to be used. No building shall be used primarily for storage of personal or business items. "Owner shall mean any person, agent, firm, partnership or corporation having a legal interest in a vacant structure or in property upon which a vacant structure is located. "Secured shall mean that all accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows, are locked so as to prevent unauthorized entry. "Structure shall mean that which is built or constructed. "Temporarily secured shall mean that all accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows, are covered with plywood (or other appropriate material) which has been nailed or bolted in place so as to prevent unauthorized entry. "Vacant structure shall mean a structure in which all lawful activity has ceased, or reasonably appears to have ceased for 30 days. "Sec. 7 -168 - Applicability and administration. "(a) This article shall apply to all vacant structures, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses and which are located within the central area district and to all vacant designated landmarks. "(b) The city manager or his /her designee is authorized to administer and enforce the provisions of this article. "(c) The city manager or his /her designee shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The city manager or his /her designee, at his /her sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this article by a date certain. "Sec.7 -169 - Registration required. "(a) A vacant structure property owner shall register a structure subject to this Article on or before June 21, 2017. Failure to register such a vacant building by this date shall be a violation of this Article. "(b) Vacant structure property owners who are not in compliance with this Article as of June 21, 2017 will be issued written notices of violation. The vacant structure property owner shall have 90 days from the date the written notice is issued to register the vacant structure the subject of the notice pursuant to the requirements of this Article. Written notice shall be issued to the vacant structure property owner by means of personal service, or by certified mail, return receipt requested, to his /her last known address according to the county appraisal district records, and by posting on the property. Should mailings be returned undeliverable, a notice published once in the local newspaper of record shall serve as notice to the property owner. Notice shall be considered 'issued' on the earliest date same is either placed in the U.S. Mail or posted on the property, or in the case publication is required, on the date said notice appears in the local newspaper of record. "(c) The city manager or his /her designee may consider evidence that the property is listed for sale or lease for fair market value and for a reasonable length of time for purposes of extending the length of time before the property must be registered. "(d) Upon the issuance of notice to register vacant property by the city, owners shall register with the city manager or his /her designee and provide the following information and submit the following documentation: "(1)The address and legal description of the property. "(2)The current name, physical address, mailing address, telephone number and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agents. "(3)The contact information for a local manager of the properties and /or improvements located on said property, as applicable. "(4)Proof of insurance on the building to the city will be required prior to the issuance of a certificate of registration for any vacant building designated for nonresidential uses in the coverages and amounts set forth below. The owner shall procure and keep in full force and effect at all times during the registration term, commercial general liability and property insurance coverage, with minimum combined bodily injury (including death) and property damage limits of not less than $1,000,000 for each occurrence and $2,000,000 annual aggregate. "(5)A completed comprehensive plan of action form, provided by the city, detailing a timeline for correcting violations, rehabilitation, and maintenance while vacant, and future use of the structure. The plan of action must be updated every six (6) months. "(6)A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event. "(7)Within 30 days of a change in any of the following, vacant structure property owners shall provide written notice to the city (including, in the case of a change of ownership, a copy of the deed): (A) Ownership of the property; (B) Contact information for either the owner or the designated manager. "(e)Continued annual registration of the property by the vacant structure property owner is required until said structure is deemed occupied and in compliance with all relevant code requirements by the city. "Sec. 7 -170 - Registration fees. Vacant structure property owners shall tender an annual registration and inspection fee of $500.00 for each vacant property. The registration fee shall be pro -rated for the first time a property is registered with the city. Subsequent annual registration fees shall be due and postmarked no later than January 31St of each year. "Sec. 7 -171- Property manager or agent. "(a) Vacant structure property owners must designate a local manager for said properties and include the relevant contact information for the designated manager upon registering the property with the city. The property manager shall serve as agent for the property owner for purposes of accepting legal service; however, the vacant property owner remains personally liable in criminal prosecutions for code violations. "(b) The property manager or agent must be available at the number listed at all times in the event of an emergency or catastrophe. Sec. 7 -172 - Standard of care for vacant property. The standard of care, subject to approval by the city manager or his designee, shall include, but is not limited to: "(a) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weathertight and in such condition so as to prevent the entry of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay- resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. "(b) Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals and /or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. "(c) Structure. All structural members and foundation shall be maintained free from deterioration, and shall be capable of safely supporting the imposed loads. "(d) Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface - coated where necessary to prevent deterioration. "(e) Interior and exterior areas. The property must be kept free of junk, trash, debris and combustible materials. "(f) Vegetation and landscaping. Shall be maintained in good and healthy condition. "(g) Roof and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions and operational. "(h) Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. "(i) Overhang extensions and awnings. All overhang extensions including, but not limited to canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and be properly anchored and supported as to be kept in a sound and safe condition. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage, and capable of supporting the imposed loads. "(k) Handrails and guards. Every exterior handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. "(1) Window, skylight and door. Every window, storefront, skylight and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with appropriately sized doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the city manager or his /her designee. "(m) Repairs. All repairs shall be subject to approval by the city. All required permits and final inspections prior to and /or following repairs shall be in accordance with applicable laws and rules. "(n) Violation. Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. "Sec. 7 -173 - Fee waivers. All fee waivers must be applied for on an annual basis, and are subject to approval by the city manager or his /her designee. A fee waiver is only valid for twelve (12) months. Fee waivers may be approved in the following grounds: "(a) Property which has been devastated by a catastrophe such as fire or flood. The owner has thirty (30) days to register from the date of the disaster but may be exempt from the fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due. "(b) A property owner who is indigent must register and is otherwise subject to this article but may be exempt from the fees. The city manager may require proof of indigence. "(c) Representatives of a property owner who is deceased or is no longer legally competent must register the property and are otherwise subject to this article but may be exempt from the registration fees. If representatives of the property owner cannot be identified and provisions of this article are required to be carried out by the city to protect the property, then the city reserves the right to make corrections and charge the cost to the owner(s) by filing appropriate liens with the county clerk. "(d) Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. "Sec. 7 -174 - Jurisdiction, enforcement and penalties. "(a) Written notice of violation of the standards of care set forth in Section 7 -172 herein will precede the issuance of a criminal citation. In the notice of violation, the vacant property owner will be given a reasonable length of time, as determined by the city manager or his /her designee, to remedy the violation. Written notice shall be issued to the vacant structure property owner by means of personal service, or by certified mail return receipt requested to his /her last known address according to the county appraisal district records, and by posting on the property and shall be deemed issued upon mailing. "(b) Failure to register with the city after written notice to the vacant structure property owner, as is hereinafter specified, is a violation of this article as set forth in Section 7 -169 herein. "(c) Violation of this article is a class C misdemeanor. "(1) This is a strict liability offense in which no mental state is required. "(2) The fine for this offense may not exceed five hundred dollars ($500), the maximum amount allowed by state statute. "(d) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa." "Secs. 7 -174 - 7 -180 are reserved." Section 3. 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 4. 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 5. 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 6. Effective Date. Section 7 -169 of this ordinance shall become effect after its passage and publication as required by law. The remainder of this ordinance shall take effect ninety (90) days after passage hereof. PASSED AND APPROVED 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