2020-010 - Forgiving Certain Civil Penalties against property located at 1421 and 1431 N.E. 7th StreetRESOLUTION NO. 2020-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE
PROPERTY LOCATED AT 1421 AND 1431 NE 7TH 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 January 22, 2013, 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 at the property located at Williams Addition block 6, Lot 7-8, also
known as 1421 and 1431 NE 7th 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. DS13-12, dated January 22, 2013 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 February 22, 2013 should the owner fail to demolish the structure; and
WHEREAS, the owner failed to demolish the structure as ordered, and on or about
August 15, 2013, the City demolished the structure.
WHEREAS, the current said owner, having inherited and maintained the property,
wishes to sell same; and
WHEREAS, as of March 9, 2020, civil penalties in the amount of $173,000.00 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 a penalty is assessed shall accrue interest at the rate of ten percent (10%)
per annum from the date of assessment until paid in full; and
and
WHEREAS, the accrued civil penalties plus interest far exceed the value of the property;
WHEREAS, the sale of the property will likely increase its taxable value; and
WHEREAS, given the above, the City Council finds a public purpose in forgiving the
$173,000.00 in civil penalties and any accrued interest in order to facilitate the sale of said
property, thus increasing its taxable value;
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 1421 and 1431 NE 7th St. by virture of Building and
Standards Commission Order No. DS13-12 in the amount of $173,000.00 plus interest for the
public purpose of facilitating the sale of the property and thus enabling the sale of same and
helping to increase the taxable value of the property.
Section 3. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 9th day of March, 2020.
���111i11!$i!l3BbPi Ste en ��Clifford M.D.Mayor "CN Clay`°r®Pp�� ----�-
ATTEST:
Ellis, City Clerk
AS TO FORM:
SW., inie H. Harris, City Attorney
tom: Ib6WnG-tamar.P"0812042X33 Instn merit #: 1037M Valurne: 2013 Page: 108776.01
ORDSRNO. DS 13-12
AN ORDER OF THE CITY OF PARIS, PARIS, TEXAS BUILDING AND STANDARDS
COMMISSION WITH RBOARD TO THEovi Bl i(N7 THB SUOSTANDARD AND
DANGEROUS STRUCTURBIS IACATRD T 19x1 NE 70h4 P� RIS, TEXAS
WHEREAS, the Building and Standards Coihiff plan for the City of Parts conducted a
Public heating on 111E7J13, wherein the structures located at 1421 NE 7th, more particularly
described as 1dVIRIatns Addition Mock G, Lot 7-% Parts, Teras elProperin was agenda Item
number 3L1 and -.
WHEREAS, notice Ibr tits public hearing has bean given; and
WHSREA.S, based upon the evidence presented, Ilea Building and Standards Commission
finds that the Property Is in violation ofChapter7, Article Ill of the Code ofOrdinanow of the City
of Paris, Paris, Tom and
WHEREAS, the Building and Standards Commission finds that the structure Is
dilapidated, substandard, dangerous andlar unfit for human hablietlon, unoccupied by the owner, or
lessee, cr other invitee,, constitutes a hazard t o the health, salify and waltbre orthe public, Is likely
to endanger prawns and property, and Is unseowed from unautharized entry to the extent that bt
cculd be eats W or used by vagrants or other uninvited persons as a place of harborage or could be
r
entered or Used by children, to wk:
DETERIORAT&A AND MINING WOOD, SHINGLU HAYR BLOWN OEW,
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ROOF IIS SAGGING,
Cox
TIIERIt ORL, IT IS Ei8UNDY ORDERED BY *ME BU"YNG AND
STANDARDS CONIN081ON OF THE CM OF PARIS THATr
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that 30
E
i® The property be demolished clad all work be completed wttbin flays of
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POW
the date of tbb Order,
o
tl7 If the worts Is not completed within the time elated above, the City of Paris
It r
will dowellsh the struetnre and assaae expenses &►r tho demotitton against the
gIn
property on which Clio structure Lure wal tocated.
im
Raw
a
No
t1( If the work is not eMplated within the time stated Above, s civil penalty of
$ 4om per day piu4 inmrest lbr each day the work is not a mpleted will
be Assessed against the properly owner.
131 The propeny owner or a Ilenbolder of the property sbulls pursuant to Citic
Ordinance No. 2094409, furnish written proof to a City of Palls Cott
Imposter of the proper and legal disposal at a landdti of all materbab ftom
tit* demolbtlon . of the building or structure.
YOU are advised that you may be entitled to have a Court determine
the outcome of the docbsion and order of the tib► of Paris Building and
Standards Commission concerning your property. You should contact
�, Page 6 of 6
ftft6e�—Lmnat—PR-20111500421123Inshument 9: 103776 Volume-, 2013 Page: 103776.M.
your own attorney for t advice and ti notice to you is not to be
taken a legal advice to you by the City of Patio or by a Of It's
employees or officlak
ORDERED THIS 220d DAY OF JANUARY, 2013 -
ATTEST:
%dun D, LeMock, Asst. City Attorney