2020-009 - Forgiving Certain Civil Penalties against property located at 2596 W. Houston StreetRESOLUTION N0. 2020-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE
PROPERTY LOCATED AT 2596 W. HOUSTON 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 May 21, 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 in the Sperry's 3rd Addition, Block 2, Lot
23, otherwise known as 2596 W. Houston 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. DS12-62, dated May 21, 2012 and 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 June 21, 2012 should the owner fail to demolish the structure; and
WHEREAS, the owner failed to demolish the structure as ordered, and the structure was
demolished 230 days after the Building and Standards Commission order; and
WHEREAS, said owner, wishes to sell same and the prospective buyer wishes to build a
residence on the site at a future date; and
WHEREAS, as of March 3, 2020, civil penalties in the amount of $230,000.00 had accrued
under said order, none of which have been paid; and
WHEREAS, pursuant to Code of Ordinances Chapter 7, Article III, Section 7-49(7), civil
penalties for each day for which they are assesed shall accrue interest at the rate of ten percent
(10%) per annum from the date of assessment until paid in full; and
WHEREAS, the accrued civil penalties plus interest far exceed the value of the property;
and
WHEREAS, given the above, the City Council finds a public purpose in forgiving the
$230,000.00 in civil penalties and any accrued interest in order to facilitate the sale of said
property, thus keeping it on the tax rolls and providing for the construction of a new residence
which will increase the property's taxable value and improve the neighborhood in which it is
located;
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 2596 W. Houston St. by virture of Building and Standards
Commission Order No. DS12-62 in the amount of $230,000.00 plus interest for the public purpose
of facilitating the sale of the property so that a new residence may be built thereon, increasing the
taxable value of the property and improving the neighborhood in which it is located.
Section 3. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 9th day of March, 2020.
AS TO FORM:
H. Harris; City Attorney
Steen Clifford, M. ";. Mayor
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ORDER1�JO. DS 12-62
AN ORDER OF T14E CITY OF PARIS, 11)",,RIS, TEXAS BUILDING AND STANDARDS
COMMISSION WITH REGARD TO THE �&,BATRMENT OF THE SUBSTANDARD AND
DANGEROUS STRUCTURM LOCATED ,,�7 2596 W HOUSTON, PARIS, TEXAS
WHEREAS, the Building and Stan&� ds Commission for (110 City of Paris conducted R
public hearing on 5/21/2012, whe pis the 3101 ds
located. at 2596 W HOUSTON, more
particularly described as SPE Y'S 4DITION BLOCK 2, LOT 23 Paris, Texas
("Property") was agenda item number 3L', anal I
WHEREAS, notice for the public herring has been given; and
WHEREAS, based upon the evidencvjresented, the Building and Standards Commission
finds that the Property is in violation of Chapt,? 7, Artic(c I rl of the Code of Ordinances of the City.
of Paris, Paris, Texas; and 11
WHEREAS, the Building and Staoda i 1,s Commission finds that the structure is
dilapidated, substandard, dnnget-ous and/or un for human fiRbitatio'n, unoccupied by the owner, or
lessee, or other Invitee, constitutes a hazard t the health, safety and welfare of the public, is likely
to endanger persons and property, and is unse pred from unauthorized entry to [he extent That it
could be entered or used by vagrants or other persons as a place of harbdrage or could be
entered or used by children, to wit
ROOF DAMAGE, UNSECURE, HOLES IN FLOOR, ROTTEN WOOD,
FOUNDATION DAMAGE,
THEREFORE, IT AS IIIEREB'' ORDERED BY THE BUILDING AND
STANDARDS COMMISSION OF THE C 1'j Y OF PARIS THAT:
,2/ The property be demofishcd'smd that all work be completed within 30 days of
the date of this Order.
M/ It the work Is not cotttplete,(within the t1nic stated above, the City of Paris
will demolish tire structure gdtd assess expenses for the demolition against the
property on which the 9true Lure was located,
U/ If the work Is not contplct('�0' %V11111" (tie (line stated above, a civil Penalty of
$jCgo_ per day plus luti,vesl for each day the work is not completed will
be assessed against the profit rty owner.
IM The property owner or it lJonholder of the property shrill, pursuant in City
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OrdiaRtice No. - 2004-009, rirnlsh written proof to R City of Paris Code
Inspector of file proper AW �legal disposal at a landfill of all materials from
the dentolidou of the buudi�ig or structure.
You are advised that may ay be entitled to have a Court. determine
I
the outconto of the decisf-; it and order of the City of Paris Building and
Stondards Commission ejo ncerning your property, You should contact
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your own attorney for loj;A advice and this notice to you is not to be
taken as legal advice toxon by the City of Paris or, by any of it's
employces or officials.
You are advised that puluant to section 7-51 and section 7-53 of the
City of Paris Code of Or(iijxances, you have a right to appeal a decision
and order of the BuIWd iwg and Standards Commission by filing a
petition to it District Cod,rt within thirty (30) calendar days after the
date a copy of lite MW', decision and order of the Commission is
personally delivered or 'i�satled by first class mail, certified return
receipt requested, to you.; f no appeal is taken pursuant to section 7.51
of the Paris Code of Ori°„G nances from .the decision and order of the
Commission within the rt )ulred period, the decision and order of the
Commission is final and-tr nding.
ORDERED THIS 21'' DAY OF MAS', 2012.
Ofl r.
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i 1
hR'�rpers
ATTEST;
i
S erotary
Jo4r"'D
p �' , Lostock, Asst. City Attorney