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2022-042 - Amending Article 4.03 Substandard and Dangerous Buildings and Strucutres - Authorize a Salvage Program for Substandard Strucutres Demolished by the CityORDINANCE NO. 2022-042 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 andor„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) Auth njt to contract.for Wdeconstruction service "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 , o cert owner a eainst CiLy for items ,removed under this sec i n "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 5. 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 B. This ordinance shall become effective upon passage. PASSED AND APPROVED this 11th day of July, 2022. nice Ellis, City Clerk APPROVED AS TO FORM: _... ........ Stephanie H. Harris, City Attorney Paula Portugal, Mayor