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14 - Forgiveness of Civil Penalties Assessed Against the Property located at 347 Bonham StreetItem No. 14 Memorandum TO: Mayor Portugal, Mayor Pro -Tem Hughes & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Resolution to Approve Forgiveness of Civil Penalties Assessed Against the Property Located at 347 Bonham Street DATE: August 23, 2021 BACKGROUND & DISCUSSION Tommy Adams entered into a purchase agreement to sell the building located at 347 Bonham to Firefly 716, LLC (Gary & Leslie Flynn). They intend to repair the roof and fagade within 1 year and use it for a private parking garage in the Historic Downtown District. Attached please find the letter of intent for this project and their request for forgiveness of civil penalties assessed against the property as a result of code enforcement court actions by the City when the roof collapsed. The City has not incurred any property abatement costs against the property, strictly civil penalty fines for the dilapidated & dangerous structure. It is also a listed property on the vacant building inventory and the cause of continuous enforcement actions by the City. The proposed improvements by the prospective buyers within one year will be required to obtain a Certificate of Appropriateness (COA) by the HPC, in addition to a certified structural design approval for the issuance of a permit for the planned remodeling of the building. RECOMMENDATION Staff recommends approval of the Forgiveness of Civil Penalties Assessed against the Property Located at 347 Bonham Street. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 347 BONHAM 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 June 18, 2012, after notice, publication, and hearing as required by law, the Building and Standards Commission of the City of Paris entered Order DS12-94 (Exhibit A) in which civil penalties in the amount of $10.00 per day for each day that the structure located at 347 Bonham Street, City Block 120, Lot 3, remained unrepaired, as authorized by the Code of Ordinances of the City of Paris, then codified as Chapter 7, Article III, Section 7-49; and WHEREAS, civil penalties accrued under said order are in the amount of $33,390.00 plus interest; and WHEREAS, the owner has failed to repair the roof and deteriorated wood on the structure; and WHEREAS, said owner, wishes to sell same and the prospective buyer wishes to repair and occupy said structure; and WHEREAS, given the above, the City Council finds a public purpose in forgiving the $33,390.00 in civil penalties and any accrued interest in order to facilitate the sale of said property, thus keeping it on the tax rolls, increasing its taxable value, and providing for the repair of a deteriorating structure and occupation of same, and enhancing and contributing to the value of the downtown area; 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 347 Bonham Street by virture of Building and Standards Commission Order No. DS12-94 in the amount of $33,390.00 plus interest for the public purpose of facilitating the sale of the property so that the existing structure may be repaired and occupied, increasing the taxable value of the property and improving the downtown area in which it is located. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 23rd day of August, 2021. Paula Portugal, M.D. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney