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...._...�