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