Loading...
28 - Forgiving a Dangerous Structure Abatement Lien assessed agains property at 339 W. KaufmanItem No. 28 Memorandum TO: Mayor & City Council FROM: Grayson Path, City Manager SUBJECT: Dangerous Structure Lien — 339 W. Kaufman Consideration for forgiving Lien DATE: December 14, 2020 BACKGROUND: On November 25, 2014, a lien was placed against the property located at 339 W. Kaufman for demolition and cleanup of a dangerous structure that occurred on September 1, 2014, at the expense of the City of Paris. The owner of the property then sold the property to Mr. David Alarid in 2016, but this lien was not addressed at that time. STATUS OF ISSUE: Mr. Alarid has restored the existing church structure on the adjoining lot (357 W. Kaufman) and installed a parking lot on the 339 W. Kaufman lot, adding to the historic character of the City and increasing the taxable value of both properties. Mr. Alarid has asked that the City forgive the lien and interest accrued on the property. Pursuant to City Code 7-54(b): "If the City incurs expenses under this section, the City may assess the expenses on, and the City has a lien against (unless it is a homestead as protected by the Texas Constitution), the property on which the building or structure was or is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses [... ]" A Structure Lien can therefore only be satisfied either by payment in full or if forgiven by action of the City Council. Mr. Alarid has performed a significant amount of improvement on both 339 W. Kaufman as well as 357 W. Kaufman, the two being separate parcels, but 339 W. Kaufman now serving 357 W. Kaufman as a new off-street parking lot. There have been no further nuisance violations with 339 W. Kaufman under the ownership of Mr. Alarid. The work Mr. Alarid has performed appears to add to the Historical Value of both the property and neighborhood. And this property was not owned by Mr. Alarid at the time of the nuisance abatement of 339 W. Kaufman. City Staff believes there to be a public purpose in support of forgiving this lien, as laid out in the attached Resolution. BUDGET: The total current value of the 339 W. Kaufman Structure Lien is $6,994.82 plus accrued interest. OPTIONS: 1. Approve the resolution to forgive the structure lien for 339 W. Kaufman. 2. Forgive a portion of the structure lien such as only interest or some other amount. 3. Request additional information to be brought back at a future City Council meeting. 4. Reject the resolution to forgive the structure lien. RECOMMENDATION: 1. Approve the resolution to forgive the structure lien for 339 W. Kaufinan. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FORGIVING A DANGEROUS STRUCTURE ABATEMENT LIEN ASSESSED AGAINST THE PROPERTY LOCATED AT 339 W. KAUFMAN; 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 25, 2014, a lien was entered against the property located at 339 W. Kaufman for demolition and cleanup of a dangerous structure that occurred on September 1, 2014 at the expense of the City of Paris; and WHEREAS, the City filed a lien for the expenses incurred by the City related to the demolition and clean up of the property with the Lamar County Clerk's Office under lien number 120526-2014; and WHEREAS, the property is now owned by David Alarid who purchased it after demolition of the dangerous structure and without notice of said lien; and WHEREAS, given the above, the City Council finds that there is a public purpose in forgiving the $6,994.82 lien plus accrued interest on the property located at 339 W. Kaufman in that Mr. Alarid has restored the existing church structure on the adjoining lot and installed a parking lot on the instant lot thereby adding to the historic character of the city and increasing the taxable value of both properties; 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 the lien for $6,994.82 plus interest on the property located at 339 W. Kaufman Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 14th day of December, 2020. Steven J. Clifford, M.D. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney