2023-009 - Waiving Principal and Interest on Civil Penalties Assessed Against a Dangerous Structure Located at 1204 FitzhughRESOLUTION NO. 2023 - 009
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.
IZ4nafd B. Hughes, Mayor Pr -Te n
105 01 -�a,�
AN ORDER OF THE CITY OF PARTS, PARIS, TEXAS BUILDING AND STANDARDS
COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND
DANGEROUS STRUCTURES LOCATED AT 1204 Fitzhugh, PARIS, TEXAS
WHEREAS. the Building slid Standards Commission for the City of Paris conducted a
public haaring on 2/18/13, wherein the structures located at 1204 Fitzhugh, more particularly
described as iitzltugh Addition 'Block 1, Lot 2, Paris, Texas {"PmporVl) was agenda item
number 3?4; and
WHEREAS, notice for the public hearing has bean given; and
WHEREAS, basad upon the evidence presented, the Building and Standards Commission
finds that The Property is in violation of Chapter 7, Article III of the Code of Ordinances of the City
of Paris, Paris, Texas, and
WHEREAS, the Building and Standards Commission finds that the structure is
dilapidated, substandard, dangerous and/or unfit far human habitation, unoccupied by the owner, or
tessee, Of other invitee, constitutes a hazard to the health, safety and welfare ofthe public, Is likely
to endanger persona and property, and is unsecured from unauthorized entry to the extent that It
could be entered or used by vagrants or other uninvited parsons as a place of harborage or could be
wrtered or used by children, to wit
DETERIORATED AND VIISSING WOOD, ROLE IN ROOF, DAMAGE
011 • , DA114AG1. To
T FORE, IT IS HEREBY ORDERED BY TIM BUILDING AND
STANDARDS COMUSSION OF TBE CITY OF PARIS THAT:
lJ
The property be demolished and that all work he completed within 30 days of
the date of this Order.
l If the work is not completed within the time stated above, the City of Paris
will demolish the structure and assess expenses for the demolition against the
properly on which the structure was located.
If the work is not Completed within the time stated above, a civil penalty of
S- per day plus Interest for each day the work is not completed wiB
e Assessed against the property owner.
iSl The prop" owner or a lienholder of the property shall, pursuant to City
Ordinance No, 2004009, furnish written proof to a City of Paris Code
Inspector of the proper and legal disposal at a landfill of all materials from
the demolition of the building or structure,
You are advised that you may be entitled to have a Court determine
the outcome of the decision and order of the City of Paris Buiidiatg and
Standards Commission concerning your property. You should contact
AM
Your own attorney for legal advice and this notice to you is not to be
taken as legal advice to you by the City of Paris 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 Code of Ordinances, you have a right to appeal a decision
and order of the Building and Standards Commission by filing it
Petition to a District Court within thirty (30) calendar days anter the
date a copy of the final decision and order of the Commission is
personally delivered or mailed by first class mail, certified return
receipt requested, to you. If no appeal is taken pursuant to section 7.51
of the Paris Code of Ordinances from the decision and order of the
Commission within the required period, the decision and order of The
Commission is fiscal and binding.
ORD== TMS 18th DAY OF FEBRUARY, 2013.
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Chalrpers'on