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17 - Creating a New Registration Program for All Vacant Central Area BuildingsIterm No. 17 TO.- Mayor& City Council FROM: John Godwin, City Manager SUBJECT: VACANT 131.31,11)ING REGISTRY DATE: April 12, 2018 BACKGROUND: Paris is blessed with a. large number of valuable, historically significant buildings. Many have been redeveloped and/or repurposed, and 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 vibrant, and potentially harming the business opportunities of those who have invested in downtown. Safety is another concern; if a neighboring building is not secure, it has great potential to harm neighboring buildings and even persons. 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 irn.mediate 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 an annual fee for the registry. This fee has been shown in niany cases to encourage development of appropriate uses In lien of sitting on buildings or using them for less economically desirable purposes. The Main Street advisory board reviewed the proposed registry ordinance at their February 2017 meeting and unanimously recon-iniended its adoption. The ordinance, with some revisions, was again reviewed by the board on April 10 of this year, and again received unanimous support as an important tool to encourage downtown redevelopment. The Historic Preservation Commission also reviewed the ordinance and its intent oil April 11, and they too unanimously recommended its adoption by the city council. BUDGET. NA, RECOMMENDATION: Approve attached ordinance:. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,. REPEALING ARTICLE IV, "SECURED BUILDING PERMIT," OF CHAPTER 7, "BUILDINGS AND BUILDING REGULATIONS,"'' OF THE CODE OF OR:DINANC'ESAND CREATING A NEW REGISTRATION PROGRAM FOR ALL VACANT CENTRAL AREA BUILDINGS; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City 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 visitors; and WHEREAS, such properties that are not properly and routinely maintained and repaired often are or become fire hazards; and WHEREAS, such properties that are not properly .and routinely maintained .and. repaired often attract vagrants, gang members, and other trespassers who may use the locations for criminal activity; and WHEREAS, such properties that are not properly and routinely maintained and repaired cause blight and financial instability that are not conducive to historic preservation and financial reinvestment; 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 and its Main Street program focus on the revitalization of the Central Area District through organization, promotion, design, economic vitality, marketing, planning, events and activities, and historic preservation; and. WHEREAS, the City Council, with the support of the city's Main Street program, has determined that the public health, safety, and welfare are served by the creation of a registration program in the Central Area of the city, and WHEREAS, current Article IV, "Secured Building Permit," of Chapter 7, "Buildings and Building Regulations," of the Code of Ordinances of the City of Paris is inadequate to accomplish the goals set forth herein and should be repealed and replaced with the following ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS - Section 1. That current Article IV, "Secured Building Permit," of Chapter 7, "Buildings and Building Regulations," of the Code of Ordinances of the City of Paris is hereby repealed in its entirety, and in its place is hereby enacted Article IV, "Vacant Building Regulations," of Chapter 7, "Buildings and Building Regulations," to read as, follows: "ARTICLE IV. VACANT BUILDING REGULATIONS "7-81. Purpose. There are hereby adopted rules and regulations regarding vacant structures in the Central Area (CA) zoning district, as that district is defined in the Paris Code of Ordinances. This article shall be known and may be cited as the Vacant Building Regulations. "7-82. 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. Located as adopted and described in the City of Paris Zoning Ordinance No. 1710 as amended and as my be hereafter amended. "Historic landmark, An individual structure or property that has, been designated as such through approved means by City Council, state or federal authority. "Lawful activity. That 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. Any person, agent, firm, partnership or corporation having a legal interest in the property. "Secured. All accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows being locked so as to prevent unauthorized entry. "Structure. That which is built or constructed. "Temporarily secured. 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) that has been nailed or bolted in place so as to prevent unauthorized entry. "Vacant structure. All lawful activity has ceased, or reasonably appears to have ceased, for thirty (30) days. "7-83. 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 within the Central Area district and all vacant designated historic 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. "7-84 Registration required, (a) The vacant structure property owner shall have ninety (9(l) days in which to register from the date written notice is issued to the property owner. Written notice shall be issued to the vacant structure property owner by means of personal service, or by first class mail 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 shall serve as notice to the property owner. (b) The city manager or his/her designee may consider provided 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. (c) Upon the issuance of notice by the city to register a vacant property,and prior to the issuance of a certificate of registration for any vacant building, owner shall register with the city manager or his/her designee and provide the following information: (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 agent. (3) The contact information for a local manager of the properties and/or improvements located on said property, as applicable., (4) Proof of insurance of the building, which the owner shall procure and keep in full force and effect at all times during the registration term, for 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 written comprehensive plan of action detailing a timeline for correcting violations, rehabilitation, and maintenance while vacant, .and future use(s) of the structure. Said 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) Written notice to the city, including a copy of the deed, of a change, in., a. Ownership of the property; b. Contact information for the owner or the designated manager. Written notice must be provided to the city no later than thirty (30) days after said changes have occurred. c. Continued annual registration of the property by the vacant structure property owner until said structure is deemed occupied and in compliance with all relevant code requirements by the city, "7-85. Registration fees. Vacant structure property owners shall tender an annual registration and inspection fee of $500,00 for each vacant property after the initial partial year of registration, for which no fee shall be due. Subsequent annual registration fees shall increase by $50.00 per year of registration, and shall be due and postmarked no later than January 31 of each year. "7-86. 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. '7-87. 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) 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. (b) Structure. All structural members and foundation shall be maintained free from deterioration, and shall be capable of safely supporting the imposed loads. (c) 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, (d) 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, and operational. (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) 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. (h) Overhang extensions and awning -S. 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. (i) Stairwa s 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. (j) Handrails and guards,. Every exterior, handrail and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition, (k) Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, porches, balconies, docks 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 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 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. (1) Re.12air . 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. (m) Violation., Failure to maintain the vacant property to the standard of care specified by the city is a violation of this article. "7-88 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 valid for no more than. twelve (1 2) months, and may be issued for a shorter period of time. (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. (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. "7-89. Financial Assistance in certain cases. The city shall provide for financial assistance for capital repairs and renovations to qualified vacant structures as defined in this ordinance, though the use of grants, loan guarantees, loans, and other financial programs, the eligibility for which shall be determined on a case-by-case basis. "7-90. jurisdiction, enforcement and penalties. (a) Written notice of violation will precede the issuance of a citation, in which 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 first class mail to his/her last known address according to the county appraisal district records, and by posting on the property. (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., (c) Any person, firm, or corporation found guilty of violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor of an ordinance affecting the public health and safety, and upon conviction shall be subject to a fine in accordance with the general provisions of the Paris Code of Ordinances., (d) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other." Section Z. Penalty Clause. 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 3. Savings Clause. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Paris, 'Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. Section 4. Severability. That the sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person, firm or corporation, or to any circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares that it would have adopted such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section S. Effective Date. This ordinance shall take effect ninety (90) days after passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, this 23rd day of April, 201.8. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk Stephanie H. fiarris, City Attorney