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08 - Release of Lien 1204 FitzhughNo. 8 TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: Release of Lien / Waiver Request DATE: February 13, 2023 BACKGROUND: On February 18, 2013, the Buildings and Standards Commission (BSC) issued a demolition order on 1204 Fitzhugh Street for a dangerous structure to be torn down. The owner of the property at that time was John Leonard Brown. The structure was to be demolished within 30 days or $1,000/day civil penalties would be applied. The structure was subsequently torn down on (about) May 1, 2013. The demolition order and civil penalties were never addressed at that time and have remained with the property since then, although civil penalties stopped accruing when the structure was torn down in 2013. STATUS OF ISSUE: Mr. Brown has since this time passed away and an heir, Keiunta Jones, became owner. She subsequently sold the property to Carlton Cooper on 7/5/2019. Mr. Cooper has requested that the civil penalties be forgiven as the demolition order and removal of the structure all occurred long prior to his ownership of the property. The ability to issue civil penalties is given to the BSC in City Code 4.03.004. There is not a listed procedure for waiver of civil penalties, therefore it falls to the City Council to make this decision to either enforce the civil penalties for payment, or waive all or a portion of it. BUDGET: The estimated total of civil penalties accruing 30 days after February 18, 2013 to approximately May 1, 2013 is about $34,000.00. There are no known public expenses on this matter. There are no structure liens on this property. OPTIONS: 1. Approve a Resolution to waive the civil penalties against 1204 Fitzhugh Street. 2. Approve a Resolution to waive a portion of the civil penalties. 3. Do not waive civil penalties and require they be paid. RECOMMENDATION: 1. Approve a Resolution to waive the civil penalties against 1204 Fitzhugh Street. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO WAIVE PRINCIPAL AND INTEREST ON CIVIL PENALTIES ASSESSED AGAINST A DANGEROUS STRUCTURE SITUATED ON PROPERTY DESCRIBED AS CITY OF PARIS BLOCK 1, LOT 2, LOCATED AT 1204 FITZHUGH; MAKING OTHER FINDINGS AND PROVISIONS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Building and Standards Commission issued Order No. DS13-35 attached hereto as Exhibit A on February 18, 2013 ordering demolition of the structure located at 1204 Fitzhugh within 30 days and thereof and assessing civil penalties in the amount of $1;000.00 per day beginning on the 31St day thereafter should the owner fail to demolish the structure as ordered; and WHEREAS, the owner of the property demolished the structure on May 1, 2013 and the city did not expend any public funds related to the demolition; and WHEREAS, the civil penalties accrued between February 19th and May 1, 2013 are in the approximate amount of $34,000.00 plus interest; and WHEREAS, the order was entered and the structure demolished many years prior to the current owner's purchase of the property in 2019; and WHEREAS, in light of the above, the City Council believes that it would be in the best interest of the city and its residents to waive the repayment of principal and interest related to Order DS13-35. 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 in incorporated by reference herein. Section 2. The City Council hereby waives and forgives repayment of principal and interest on Order No. DS13-35 attached hereto as Exhibit A in the total approximate amount of $34,000.00. Section 3. The city attorney is directed to prepare and cause releases for said lien. Section 4. This Resolution shall take effect immediately after its passage in accordance with the provisions of law. PASSED AND APPROVED this 13th day of February, 2023. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney ORDBR NO. DS l3 �3S AN ORDER O.P THE CITY OF PARIS, PARIS, TEXAS BUILDING AND STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF TIM SUBSTANDARD AND DANGEROUS STRUCTURES LOCATED AT 1204 Fitzhugh, .PARIS, TEXAS WfMREAS, the Building and Standards Commission for the City of pans conducted a publio hearing oo 2/18/13, wherein the structures located at 1204 Fitzhugh, more particularly described as Fitzhugh Addition Block 1, Lot 2, Paris, Texas ("Proporty) was ageixis item number aft and WHEREAS, notice for the public hearing has been given, and WHEREAS, based upon the ovidenco presented, the Building and Standards Commissiolt Ends that the Property is in violation of Chapter 7, Article III of the Cade of Ordinances of the City Of Paris, Paris, Texas; and W11MEAS, the Building and Standards Commission finds that the sttucture is dilapidated, substandard, dangerous and/or unfit far human habitation, unoccupied by the owner, or lessee, or other invitee, constitutes a hazard to the health, safety arad welfare afthe public, is iilwiy to endanger prisons and property, and is unsecured f•arrt unauthorid entry to the cadent that it could bs entered or used by vagrants or other unhivlted Persons as a place of harborage or could be entered or used by oblidren, .to wit; mi DETERIORATED AND MISSMG WOOD, ROLE IN ROOF, DAMAGE TO FOUMATION DAMAGE. T=REFORE, IT Iii HEREBY ORDERED By THE BUILDING AND STANDARDS COMMISSION OF TBE CITY OF PARIS THAT- U The property be demolished and that all work be completed within 30days of the date of this Order, If the work is not completed within the tilue stated above, the City of Paris will demolish the structure and s;ssew expenses for the demolition against the property on which the structure wag located. U0 It the work is not completed within the time stated above, a civil penalty of S my per day fritts interest for each day the work is not completed win be assessed against the property owner. llll The property owner or a lienholder of the property snail, pursuant to City Ordinanee No. 204"09, forabb written proof to a City of Paris Code Inspector of the proper and legal ei posa1 at a landfdi of all materials from the demolition of the building Or structure. You are advised that you only be antltled to have a Court determine the outcome of the decision and order of the City of Paris Building and Standards COmmission concerniatg your property. You should contact 104802-2013 0311312013 04:44:25 PM Page 2 of 2 your owaa attorney for legal advice and this notice to you is not to be taken as legal advice to you by the City of Palls or by any of it's employees or officials. You are advised that pursuant to section 7.51 and section 7.53 of the City of Paris Corte of Ordinances, you have; a right to aftpeill a decision and order of the Building and Standards Commission by filing a ps;tition to a District Court within thirty (iii) calendar days after the date a copy of the final decisions and order of the Commission is personally delivered or mailed by first class waft, certified return receipt requested, try you, If no appeal is taken pursuant to section 7.51 of the Paris Code of Ordinances frons the decision and order of the Commission within the required period, the decisions and order of the Commission is final and binding. ORDMUD TMS 18th DAY OF FE MARY, 2013. A'iTEST, APPROVED AS TO FORM: kJohnE�estOGIC, A$St. CFty l�lttotsi8y...._...�