12 - Amendment to the Substandard and Dangerious Building Ordinance and authorizing a Salvage Program - Article 4.03Item No. 12
Memorandum
TO: Mayor
Mayor Pro Tem
City Council
FROM: Robert G. Vine, City Manager
SUBJECT: Amendment to Demolition Ordinance
DATE: July 11, 2022
BACKGROUND:
The City of Paris has over 100 homes within the city limits on a list to be demolished. This list
consists of houses that have burned, partially or completely, houses that pose a health and safety
risk and are unsafe structures. -Traditionally when the City demolishes a house or structure, all of
the building materials and contents of the structure are placed in a large commercial dumpster and
then taken to the landfill. The City pays a "tipping fee" for these large dumpsters with the cost
calculated by the ton. The dumpsters with the remnants of the house are emptied into a landfill and
eventually covered with more refuse and earth.
While the City initially pays for the demolition of a house, the property owner is responsible for
the cost and a demolition lien is placed on the property. If the lien is not paid, the city does not
recoup the initial expense of the demolition.
Reducing the demolition waste from some structures that would otherwise go to landfills can save
the city from paying higher landfill tipping fees. Less money spent on landfill tipping fees will
allow budgeted funds to demolish more homes throughout the city and speed up the process of
creating housing infill.
STATUS OF ISSUE:
With over 100 homes on the demolition list and a limited amount of funds dedicated for this
purpose, the combination of "deconstruction" and traditional demolition is a viable combination
to increase the number of structures demolished without increasing the budget for this line item.
Deconstruction programs have become popular in larger cities like San Antonio, Pittsburg, and
Portland, and staff is proposing a smaller scale program somewhat similar to these larger cities.
A deconstruction program allows a contractor to remove building materials prior to demolition.
A deconstruction program provides the following benefits:
• Reduces the overall costs of building removals / demolitions.
• Reduces the overall amount of the abatement lien on the property.
• Provides lower cost building materials to the community.
• Extends the life of landfills.
• Protects the natural environment by reducing the need for the extraction of new resources.
• Potential for job creation and economic development.
The City plans to engage professional contractors that meet the insurance and program
requirements to engage in the process of deconstructing selected houses on the demolition list.
These contractors will remove any desired building materials in a strategic and safe manner in
accordance with an approved plan. The contractor will then weigh the removed materials so staff
will be able to determine the amount of cost savings, as well as, how much material did not end
up in a landfill.
BUDGET:
A deconstruction program will reduce expenses associated with traditional building demolition
and is projected to allow the budgeted funds for demolition to be stretched.
Contractors will be required to obtain a permit prior to deconstruction. This permit will have a fee
attached, which will offset the administrative efforts necessary to oversee the program.
OPTIONS:
1. Adopt the amendment to the ordinance as presented.
2. Reject the amendment to the ordinance as presented.
RECOMMENDATION:
It is the recommendation of staff to adopt the amendment to the ordinance as presented.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE 4.03, "SUBSTANDARD AND DANGEROUS BUILDINGS
AND STRUCTURES," OF THE CODE OF ORDINANCES, "BUILDING AND
BUILDING REGULATIONS," TO AUTHORIZE A SALVAGE PROGRAM FOR
SUBSTANDARD STRUCTURES DEMOLISHED BY THE CITY, PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 2002-032, the City Council enacted Article 4.03.001,
"Substandard and Dangerous Buildings and Structures;" and
WHEREAS, the City Council of the City of Paris, Texas has appointed a Building and
Standards Commission pursuant to state law and local ordinance to conduct hearings and
issue orders, including but not limited to orders for demolition of substandard structures
and dangerous buildings; and
WHEREAS, the City has an active program of addressing such structures in order to
remove blight from neighborhoods and other areas; and
WHEREAS, frequently, property owners fail to demolish properties subject to
demolition orders, and consequently, the demolition must be conducted by the City at a cost
to taxpayers; and
WHEREAS, while the City files liens for all work done by the City pursuant to such
demolition orders, such liens often go unpaid; and
WHEREAS, currently, when the City demolishes a structure, all materials that are a
product of the demolition are disposed of in a landfill, increasing cost to the City, placing
strain on the landfill, and generally generating waste; and
WHEREAS, the City Council wishes to authorize a program by which the City may,
prior to demolition and in accordance with valid orders of the Building and Standards
Commission, engage a contractor or contractors to perform salvage operations in structures
to be demolished, at no cost to the City; and
WHEREAS, such a salvage program will reduce waste to be disposed of in a landfill,
thus reducing the City's costs of demolition and improving the environmental impact of such
demolitions;
WHEREAS, the City Council has determined that such a salvage program is in the best
interest of the City and its residents;
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 3. That Article 4.03, Sec. 4.03.002, "Definitions," shall be amended to add the
following definitions, to be placed where appropriate alphabetically in the section:
"Demolition. The process of dismantling or `knocking down' buildings (usually using
heavy machinery), after which the products of the demolition are afterwards
landfilled or partially recycled."
"Deconstruction. The process of systematically dismantling a structure in an
environmentally, economically, and socially responsible manner to maximize
recovery of materials for reuse and recycling.
Section 3. That Article 4.03, Sec. 4.03.009, "Action by city; assessment of city's
expenses, shall be amended to read as follows:
"(a) If a building or structure is not vacated, secured, repaired, removed, or
demolished in accordance with an order of the building and standards commission,
the city may vacate, secure, remove, deconstruct and or demolish the building on its
own initiative....."
Section 4. That Article 4.03 shall be amended by adding Sec. 4.03.009.1 to read as
follows:
"Sec.4.03.009.1 Deconstruction prior to demolition.
"(a) Purpose
"The city recognizes the distinction between traditional demolition, which uses
smaller work crew and heavy equipment for a swift dismantling of a structure, and
deconstruction, which emphasizes the use of a trained labor force to manually extract
material for use and resale. It is the purpose of this section to authorize the city to,
where appropriate for structures it demolishes pursuant to final orders of the
Building and Standards Commission, utilize deconstruction methods to both reduce
the costs of demolition to the city and to reduce the environmental impacts of such
demolitions.
"(b) Authority for deconstruction
"Prior to the city's demolishing a structure under this Article, the city shall have the
authority to conduct deconstruction activities on such structure to salvage building
materials. Said materials may include but shall not be limited to: Windows, doors,
flooring, exterior siding, interior siding, shiplap, bead board, wood trim, lighting
fixtures, plumbing fixtures, tiles, stone, bricks or other masonry type materials, steps,
hand rails, banisters, hardware, cabinets, roof tiles, sinks, bathtubs, vanities, ceiling
material, timbers, beams, posts, supports, skirting board, skirting, wainscoting,
mopboard, floor molding, base molding, and crown molding. Appliances, furniture,
and ornamental items may also be removed.
"(c) Authorit to contract for deconstruction services
"The city may contract with an outside contractor or deconstruction firm to perform
the services outlined in this section. Any party with whom the city contracts to
perform said services shall either be bonded or provide the city with a policy of
insurance with coverages consistent with those required of contractors doing
construction work on behalf of the city.
"(d) No recourse by Droperty owner against city for items removed under this
section.
"The owner or lien holder of property upon which deconstruction work has been
performed is not entitled to and may not recover the value of any items removed from
the structure prior to demolition. The hearing in front of the building and standards
commission at which the demolition order is entered shall serve as the property
owner's or lien holder's opportunity to be heard on deconstruction."
Section S. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 6. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 7. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 8. This ordinance shall become effective upon passage.
PASSED AND APPROVED this 11th day of July, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney