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2019-025 - Forgiving Certain Civil Penalties Assessed Against the Property located at 801 W. Washington StreetRESOLUTION NO. 2019-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 801 W. WASHINGTON 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 17, 2012, after notice, publication, and hearing as required by law, the Building and Standards Commission of the City of Paris ordered that a structure be demolished within thirty days on the property located City Block 15, Lot 4, otherwise known as 801 W. Washington Street, and assessed civil penalties should the owner fail to demolish the structure as ordered, all as authorized by the Code of Ordinances of the City of Paris, Chapter 7, Article III, Section 7-49; and WHEREAS, in Order No. DS12-418, dated September 17, 2012 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 $1,000.00 per day to begin accruing on October 18, 2018 should the owner fail to demolish the structure; and WHEREAS, the owner having failed to demolish the structure as ordered, on or about September 10, 2013, the city demolished the structure on said property and filed a Dangerous Structure Abatement Affidavit of Lien in the amount of $776.62 plus interest; and WHEREAS, as of September 10, 2013, the date of demolition, civil penalties in the amount of $250,000.00 had accrued under said order, none of which have been paid; and WHEREAS, pursuant to Code of Ordinances Chapter 7, Article II1, Section 7-49(7), civil penalties shall accrue interest at the rate of ten (10) a year from the date of assessment until paid in full; and WHEREAS, the owner is attempting to sell the property, at which time the Dangerous Structure Abatement Affidavit of Lien will be paid, including interest, in the total amount of $1,222.92; and WHEREAS, the accrued civil penalties plus interest far exceed the value of the property; and WHEREAS, the sale of the property will increase the chances of development thereon, thereby increasing its taxable value; and WHEREAS, given the above, and taking into account that the Dangerous Structure Abatement Affidavit of Lien will be paid at the time of any closing on the property, the City Council finds a public purpose in forgiving the $250,000.00 in civil penalties and any accrued interest in order to facilitate the sale of said property, thus enabling future development which will increase the taxable value of said property; 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 801 W. Washington St. by virture of Building and Standards Commission Order No. DS12-418 in the amount of $250,000.00 plus interest for the public purpose of facilitating the sale of the property and thus enabling future development which will increase the taxable value of the property. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 22th day of July, 2019. Paula Portugal, Mayor l r; Tem ATTEST: APPROVED AS TO FORM: /11 µ Steph nie H. Harris, City Attorney 10@960-2012 Pages: 2 NOT 10/26/2012 02:38:04 Ph By: gratchenh Lamar county, Tx Kath Marlowe- Count Clerk Illi SII! 1� IIII Ililll ILII II lel III III(IIII 111111111111 ORDER NO. DS 12-418 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 801 W Washington, PARIS, TEXAS WHEREAS, the Building and Standards Commission for the City of Paris conducted a public hearing on 9/17/7012, wherein the structures located at 801 W Washington, more particularly described as City Block 154, Lot 4, Paris, Texas ("Property") was agenda item number 311; and WHEREAS, notice for the public hearing has been given; and WHEREAS, based upon the evidence presented, the Building and Standards Commission finds that the Property is in violation of Chapter 7, Article III of the Code of Ordinances of the City of Paris, Paris, Texas; and WHEREAS, the Building and Standards Commission finds that the structure is dilapidated, substandard, dangerous and/or unfit for human habitation, unoccupied by the owner, or lessee, or other invitee, constitutes a hazard to the health, safety and welfare of the public, is likely to endanger persons and property, and is unsecured from unauthorized entry to the extent that it could be entered or used by vaunts or other uninvited persons as a place of harborage or could be entered or used by children, to wit : DETERIORATED AND MISSING WOOD, UNSE CURE, REAR PORTIONS OF STRUCTURE 1S MISSING. THEREFORE, IT IS HEREBY ORDERED BY THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF PARIS THAT: The property be demolished and that ail work be completed within 30 days of the date of this Order. R( 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 property on which the structure was located. If the work is not completed within the time stated above, a civil penalty of S L ? per day plus interest for each day the work is not completed will be assessed against the property owner. i 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 100950-2012 10/26/2012 02.38:04 PM Page 2 of 2 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 it's employees or officials. You are advised that pursuant to section 7-51 and section 7-53 of the City of Paris Coyle of Ordinances, you have a right to appeal a decision and order of the Building and Standards Commission by filing at petition to a District Court within thirty (30) calendar slays 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 17TH DXV OF SEPTEMBER, 2012. Chairp rio ATTEST: APPROVER AS TO FORM: