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: