2020-031 - Forgiving Certain Civil Penalties - 425 19h NW Street and 2045 Plum StreetRESOLUTION NO. 2020-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE
PROPERTY LOCATED AT 425 19TH NW STREET AND 2045 PLUM 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 November 18, 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 on the property located in City Block 242, Lots 6B and 6C,
otherwise known as 425 19th NW Street and 2045 Plum 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. DS13-812, dated November 18, 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 December 18, 2013 should the owner fail to demolish the structure; and
WHEREAS, the owner failed to demolish the structure as within 30 days as ordered, but
did demolish the structure at his own expense 116 days after the Building and Standards
Commission order was entered; and
WHEREAS, there is not, nor has there ever been a demolition lien on this property;
WHEREAS, said owner, on March 19, 2018 sold the same and the buyer has built a
residence on the site and is in the process of selling it; and
WHEREAS, as of July 13, 2020, civil penalties in the amount of $116,000.00 plus interest
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
$116,000.00 in civil penalties and any accrued interest in order to facilitate the sale of said
property, thus keeping it on the tax rolls with a new residence constructed thereon which has
increased the property's taxable value and improved 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 City Block 242, Lots 6B and 6C, otherwise known as 425 19th
NW and 2045 Plum Street by virture of Building and Standards Commission Order No. DS13-812
in the amount of $116,000.00 plus interest for the public purpose of facilitating the sale of the
property which has been improved with a new residence built thereon, increasing the taxable
value of the property and improving the neighborhood in which it is located.
Section 3. The City Council hereby releases Building and Standards Commission Order
No. DS13-812.
Section 4. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 13th day of July, 2020.
CItyQ ," Stev n Clifford L.
ATTEST:vi
r"
e Ellis, City Clerk
APPROVED AS TO FORM:
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..............
.............................:...�.�.:_...... �w........
Steph� nie H. Harris, City Attorney
Database: rrmYount-Lamar Year 2813
11/2WO13
Richard Loneir
7170 FM 195
Paris, TX 73462
Instrument #: 112.1.52
N-OnC]&(3F___ OMER
Volume: 2013 Page: 11.2152081,
According to the real property records ofLamar County, you either have air ownership interest in or
hold a lien on the real property described below. A City of Paris Code Inspector presented bite
property identified below at a hearing before the Building and Standards Commission of the City of
Paris, Paris, Terxas on November 19, 2013 at 3;00 PM at City of Paris Council Chambers,107 E
Kaufman(Old Central Fire Station) Parts, Texaa. At the conclusiott of the hearing, the Buildings
and Standards Commission iced the following ORDERS:
ORDER NO. DS 13-812
AN ORDER OF THE CITY OF PAWS, PARIS, TEXAS BUILDING AND STANDARDS
COMMISSION WrrH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND
DANGEROUS STRUCTUREJS LOCATED AT 42319m NW & 2045 Plum, PARIS, TEXAS
WHEREAS, the Building and Standards Commission for the City of Paris eonduc;Wd a � c
public hearing on 11/18/13, wherein the strurxures located at 425 190 NW & 2045 Plum, more �
particularly described as City Block 242, Lot 6-B & 6-C Paris, Texas ("Property"} was agenda
item number 3M; and
WHEREAS, notice for the public hearing was timely mailed and publishod in the local
newspaper in accordance with article Iii, Ch. 7 of the City of Paris Code of Ordinance, and
WHEREAS, based upon the evidence presented, the Buildfag and Standards Commission
Finds that the Property is in violation of Chapter 7, Article III of the Code of Ordinances of the City
of Faris, Paris, Texas; and
WHEREAS, the Building and Standard$ Commission finds that the structure is
dilapidated, substandard, dangerous and/or unfit furhuman habitation, unoccupied by the owner, or
lessee, or other invitee, constitutes it hazard to the health, safety and welfare of the public, is Aely
to endanger persaas and property, and is unsecured from unauthorized entry to the extent that it
could be entered or used by vagrants or other uninvited persons as a place of harborage or could be
entered or used by children, to wit:
EXTENSIVE FIRE DAMAGE.
THEREFORE, IT IS HEREBY ORDERED BY THE BUMDING AND
STANDARDS ;
S COMMISSION OF THE CITY OF PARIS THAT
yThe pmperty be demolished within 30 days of the date of this Order.
at/ If the work is not completed within the time sated above, a civil penalty of
per dal' plies interest for each day the work is nat empleied will
be assessed against the property owner.
Page 15 of 15
Database: iWoung_l amar Year: 2023 Instrument #: 112152 Volume: 2013 Page: 112152002.
112152-2413 12/23=13 09;36:21 AM Page 2 of 2
M The property owner or a Meuholder of the property shall, pursuant to section
7-58 of the City of Paris Code of Ordinances, 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 a 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. Yan should contact
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 its
employees or officials.
Yost are advised that pursuant to section 7-51 and section 7-53 of the
City of Paris Code of Ordinances, you haves right to appeal a decision
and order of the Building and Standards Commission by filing a
petition to a District Court in Lamar County, Texas, within thirty (30)
calendar days after the date a copy of the final decision and order of
the Commission is personally delivered or mailed by first class toad,
certified return receipt requested, to yea. If no appeal Is taken
pursuant to section 7-51 of the Paris Code of Ordinances dram the
decision and order of the Commission within the required period, the
decision and order of the Commission Is final and binding.
ORDERED THIS 18th DAY OF NOVEMBER, 2013.
ATTEST.
Sec;°•.g - .� __. .�
Uamn�
TO FC?JUM-
, Asst.City Attorney
CM: 70101870 000101019882
Robert Talley, Code Enforceme icor
903.784-92.19
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