2002-032-ORD AMENDING CHAPTER 7 OF CODE OF ORDINANCES BY REPEALING CURRENT ARTICLE III OF CHAPTER 7
ORDINANCE NO. 2002-032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS BY REPEALING THE CURRENT
ARTICLE In OF CHAPTER 7, SECTIONS 7-46 THROUGH 7-53,
ENTITLED "HAZARDOUS BUILDINGS"; ADOPTING THERETO A NEW
ARTICLE III, SECTIONS 7-46 THROUGH 7-57, ENTITLED
"SUBSTANDARD AND DANGEROUS BUILDINGS AND STRUCTURES";
ADOPTING THERETO A NEW ARTICLE IV OF CHAPTER 7, SECTIONS
7-81 THROUGH 7-89, ENTITLED "SECURED BUILDING PERMIT";
ESTABLISHING A BUILDING AND STANDARDS COMMISSION;
PROVIDING FORPROCEEDINGS, NOTICE, AUTHORITY, STANDARDS,
PENALTIES AND JUDICIAL REVIEW RELATED TO DECISIONS OF THE
BUILDING AND STANDARDS COMMISSION; PROVIDING FOR THE
PLACEMENT OF LIENS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction with other
governmental entities, private groups, and private individuals, has supported and participated in a
community-wide beautification program intended to remove junk, litter, and other unsightly materials,
generally improve blighted areas of the City, protect and preserve the public health, safety, and
welfare, and generally improve the overall appearance of the community; and,
WHEREAS, in pursuit of such goals, the City Council desires to protect the public health
and safety at the same time protecting the rights of individual property owners; and,
WHEREAS, Section 54.004 of the Local Government Code authorizes home rule cities to
enforce ordinances necessary to protect health, life, and property and to preserve the good
government, order, and security of the city and its inhabitants; and,
WHEREAS, Section 54.012 (6) of the Local Government Code authorizes municipalities
to bring civil actions for the enforcement of ordinances relating to dangerously damaged or
deteriorated structures or improvements; and,
WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032
(3), applies to dangerously damaged or deteriorated buildings or improvements; and,
WHEREAS, Subchapter C of Chapter 54 of the Local Government Code, at Section 54.032
(5), relates to a building code or to the condition, use, or appearance of property in a municipality;
and,
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WHEREAS, Section 54.033 of Subchapter C of Chapter 54 of the Local Government Code
authorizes the creation of a building and standards commission to hear and determine cases
concerning alleged violations of ordinances concerning damaged or deteriorated structures or
procedures, and the City Council of the City of Paris desires to create and implement such a building
and standards commission to enforce this ordinance; and,
WHEREAS, Subchapter A of Chapter 214 of the Local Government Code authorizes a
home-rule city to enforce all ordinances necessary to prevent and summarily abate and remove
nuisances; and,
WHEREAS, Subchapter A of Chapter 214 of the Local Government Code, at Sections
214.00 I through 214.004, authorizes a home rule city by ordinance to require the vacation, securing,
repair, removal, or demolition of a building that is dilapidated, substandard, or unfit for human
habitation and a hazard to the public health, safety, and welfare; regardless of its structural condition,
is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to
the extent that it could be entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children; or is boarded up, fenced, or otherwise secured in
any manner; and,
WHEREAS, Subchapter A of Chapter 214 of the Local Government Code, Section
214.001 (m) and (n) authorizes a municipality to vacate, secure, repair, remove, or demolish a building
at its own expense, to assess the expenses of such action against the owner of the property, and to
place a lien on the property on which the building was located; and,
WHEREAS, the City Council desires to adopt this ordinance as a means of applying and
implementing the requirements of Subchapter Band C of Chapter 54 and Subchapter A of Chapter
214 of the Local Government Code ofthe State of Texas; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Article III of Chapter 7, Sections 7-46 through 7-53 of the Code of
Ordinances, City of Paris, Paris, Texas, entitled "Hazardous Buildings," be, and the same is hereby,
as of the effective date of this ordinance, repealed and declared null and void and of no further force
and effect, save and except as otherwise specified herein.
Section 3. That there is hereby adopted to the Code of Ordinances of the City of Paris, Paris,
Texas, a new Article III to Chapter 7, Sections 7-46 through 7-57, entitled "Substandard and
Dangerous Buildings and Structures," to read as follows:
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"ARTICLE ID. SUBSTANDARD AND DANGEROUS
BUILDINGS AND STRUCTURES
Sec. 7-46. Statutory authority.
This ordinance is intended to adopt and implement in the broadest possible
terms the power s, duties, and authorities set out in Subchapters Band C of Chapter
54 and Sections 214.001,214.0011,214.0012,214.003, and 214.004 of Subchapter
A to Chapter 214 of the Local Government Code of the State of Texas, as said
statutes apply to the subject matter of this ordinance, and as otherwise stated herein,
as well as the home rule powers granted the City of Paris as a home rule city by its
charter and state law. Provisions of this ordinance shall not be narrowly construed,
but shall be broadly applied to accomplish the stated purposes of this ordinance.
Sec. 7-47. Definitions.
The following words, terms, and phrases, when used in this Article III, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(a) Building and standards commission shall mean that building and
standards commission duly appointed and created as set out in this article.
(b) Code Inspectors shall mean the code inspectors ofthe City of Paris, Paris,
Texas, as the same shall be designated by the City Manager of the City of Paris.
(c) Dangerous building or structure: All buildings or structures which have
any of the following defects or lack of facilities shall be deemed dangerous buildings
or structures:
(1) All buildings or structures that have become deteriorated through
natural causes or by damage through exposure to the elements,
especially wind, hail, or rain, or damage through fire to the extent that
the roof, windows, or doors, or portions of the house, building, or
structure which protect the interior from the weather, would no longer
reasonably protect from the weather.
(2) All buildings or structures which are so structurally deteriorated that
they are in danger of collapse, or which cannot be expected to
withstand the forces of nature.
(3) All buildings or structures of which the floors, walls, ceilings, and all
supporting members are not capable of bearing imposed loads safely.
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(4) All buildings or structures not wired so as to provide in operating
condition electrical circuits sufficient to safely carry a load imposed by
normal use of appliances and fixtures.
(5) All buildings or structures so deteriorated or constructed or permitted
to be constructed as to constitute a menace to the health or safety,
including all conditions conducive to the harboring of rats or mice or
other disease-carrying animals or insects, reasonably calculated to
&pread disease, including such conditions hazardous to safety as
inadequate bracing or use of deteriorated materials.
(6) All buildings or structures which constitute or in which are maintained
a fire hazard as that term is defined by the ordinances of the City of
Paris, Paris, Texas.
(7) All buildings or structures in noncompliance with the requirements of
the City's building code, electrical code, plumbing code, fire code, or
other applicable codes of the City such that said buildings or
stlUctures constitute a menace or hazard to the public health or safety.
(8) All buildings or structures so dilapidated or substandard as to be unfit
for human habitation and a hazard to the public health, safety, and
welfare.
(9) All buildings or structures which, because of activities involving the
sale, use, or abuse on said premises of illicit drugs or alcohol or other
similar activities, as certified by the chief of police, the fire marshal,
the environmental health officer, or their designees, constitute a fire
hazard or a menace to the health, safety, and welfare of the citizens of
the city.
(10) All buildings or structures, regardless of their structural condition,
which are unoccupied by their owners, lessees, or other invitees and
are unsecured from unauthorized entry to the extent they could be
entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children.
(d) Vacate or order the vacation of a building or structure under this
ordinance shall mean to require or cause individuals other than the owner, the owner's
lessee, or other invitees of the owner or lessee, to leave or quit the premises of said
building or structure.
Sec. 7-48. Public nuisance declared.
All dangerous buildings or structures which shall constitute a menace to the
health, morals, safety, or general welfare of their occupants or of the general public
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are declared to be public nuisances and shall be ordered to be vacated, repaired,
secured, or demolished as hereinafter provided.
Sec. 7-49. Building and standards commission.
(a) Created; purpose. There is hereby created a building and standards
commission ofthe City of Paris, whose members shall be appointed by the city council
to hear and determine cases concerning alleged violations of this article.
(b) Membership; terms. The building and standards commission created
hereunder shall consist of seven (7) members appointed by the city council, each of
whom shall be a resident of the city of Paris, Texas. The members of said commission
shall hold their offices for a period of two years, or until their successors are
appointed, provided that three (3) of the seven (7) initially appointed hereafter shall
serve for a term of one year, unless reappointed, such that all members shall ultimately
serve a staggered term of two years. As nearly as practical, the members of said
commission shall be qualified in one or more of the fields of fire prevention, building
construction, sanitation, health, public safety, and historic preservation, and as nearly
as practical shall be selected one (1) each from each City Council District. The city
council may remove a commission member for cause on a written charge. Before a
decision regarding removal is made, the city council must hold a public hearing on the
matter if requested by the commission member subject to the removal action. The city
council shall also appoint four alternate members of the commission who shall serve
in the absence of one or more regular members when requested to do so by the city
manager or a code inspector as the city manager's designee. The alternate members
serve for the same period and are subject to removal in the same manner as the
regular members. Any vacancy on the commission shall be filled by appointment by
the city council for the unexpired term. A vacancy for alternate members shall be
filled in the same manner as a vacancy among the regular members. The City's code
inspectors shall also be ex-officio and nonvoting members of the building and
standards commission.
( c) Proceedings of the commission.
(1) The building and standards commission shall upon due notice as set
out herein conduct public hearings and other proceedings to
implement and enforce the provisions of this article. In any event,
public hearings as set out herein shall be conducted as otherwise
provided herein and shall be a precedent to the issuance of any orders
by said commission.
(2) The commission shall by majority approval of the entire commission
adopt rules and establish procedures for use in said hearings,
providing ample opportunity for presentation of evidence and
testimony by respondents or persons opposing charges brought by the
City or its code inspectors relating to alleged violations of this article.
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(3) Meetings of the commission shall be held at the call of the chairperson
and at other times as determined by the commission. All meetings of
the commission shall be open to the public. Members of the
commission shall by their own ballot choose a chairperson and vice
chairperson to serve in the absence of the chairperson. The
chairperson, or in the chairperson's absence, the acting chairperson,
may administer oaths and compel the attendance of witnesses. A
quorum offour (4) members of the commission shall be necessary to
conduct all business of the commission. All cases to be heard by the
commission must be heard by at least four (4) members. The
concurring vote of four (4) members of the commission shall be
necessary to take any action under this article.
(4) The code inspectors of the City of Paris shall present all cases before
the commission. The city attorney may, in his or her discretion,
participate in the presentation of such cases or in any other matters to
come before the commission.
(5) The commission shall keep minutes of its proceedings showing the
vote of each member on each question or the fact that a member is
absent or fails to vote. The commission shall keep records of its
examinations and other official actions. The minutes and records shall
be filed immediately in the office of the commission as public records.
(6) In any public hearing or other proceeding conducted by the
commission to determine whether a building or other structure
complies with the requirements of the article, the owner, lienholder,
or mortgagee shall have the burden of proofto demonstrate the scope
of any work that may be required to comply with this article and the
time it will take to reasonably perform the work.
(d) Notice; orders of the commission.
(1) Unless other requirements are specified herein, notice of all public
hearings and other proceedings before the commission must be given:
a. by personal delivery or by certified mail, return receipt
requested, to the record owners of the affected property, and
each holder of a recorded lien against the affected property, as
shown by the records in the office of the county clerk of
Lamar County if the address of the lienholder can be
ascertained from the deed of trust establishing the lien and lor
other applicable instruments on file in the office of the county
clerk; and
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b. to all unknown owners, by posting a copy of the notice on the
front door of each improvement situated on the affected
property or as close to the front door as practicable.
(2) In ascertaining the identity and addresses of any property owners or
lienholders of the affected property, the code inspectors shall search
the following records:
a. Real property records (Jf the county in which the property is
located;
b. Appraisal district records of the appraisal district in which the
property is located;
c. Records of the secretary of state, if the property owner or
lienholder is a corporation, partnership, or other business
association;
d. Assumed name records of the county in which the property is
located;
e. City of Paris tax records; and
f City of Paris utility records.
(3) The notice must be posted and either personally delivered or mailed
on or before the 10th calendar day before the date of the hearing
before the commission and must state the date, time, and place of the
hearing. In addition, the notice must be published in a newspaper of
general circulation in the city on one occasion on or before the 10th
calendar day before the date fixed for the hearing.
(4) In addition to the requirements of Section 7-48(d)(3) herein, all
notices sent by mail shall contain as a minimum the following:
a An identification, which is not required to be a legal
description, of the building and the property on which it is
located;
b. A description of the violation of City codes or articles that
exist at the building;
c. A statement that the owner, lienholder, or mortgagee will be
required to submit at the hearing proof of the scope of any
work that may be required to bring the structure into
compliance with the requirements of this article along with
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proof of the time it will take to reasonably perform the work;
and
d. A statement that the City will vacate, secure, remove, or
demolish the building if any ordered action is not taken within
30 calendar days unless additional time is granted by the
commission as set forth herein.
(5) The commission shall file notice of a proceeding before the
commission in the Official Public Records of Real Property in the
county in which the property is located. The notice must contain the
name and address of the owner of the affected property if that
information can be determined from a reasonable search ofthe records
as set forth in Section 7-49(d)(2) herein, a legal description of the
affected property, and a description of the proceeding. The filing of
the notice is binding on subsequent grantees, lienholders, or other
transferees of an interest in the property who acquire such interest
after the filing of the notice ami constitutes notice of the proceeding
on any subsequent recipient of any interest in the property who
acquires such interest after the filing of the notice.
(6) When notice is mailed in accordance with this section to a property
owner or lienholder and the United States Postal Service returns the
notice as "refused" or "unclaimed," the validity of the notice is not
affected, and the notice is considered delivered.
(7) After a hearing on an affected property, the commission shall reduce
any order it issues to writing. Each such order shall specify the action
to be taken as part of the notice and shall order the owner, lienholder,
or mortgagee of the building to, within 30 calendar days, secure the
building from unauthorized entry or repair, remove, or demolish the
building, unless the owner or lienholder establishes at the hearing that
the work cannot reasonably be performed within 30 calendar days. If
the commission allows the owner, lienholder, or mortgagee more than
30 calendar days to repair, remove, or demolish the building, the
commission shall set forth specific time schedules for the
commencement and performance of the work and shall require the
owner, lienholder, or mortgagee to secure the property in a reasonable
manner from unauthorized entry while the work is being performed.
(8) The commission shall not allow the owner, lienholder, or mortgagee
more than ninety (90) calendar days to repair, remove, or demolish the
building or fully perform all work required to comply with the order
unless the owner, lienholder, or mortgagee submits a detailed plan and
time schedule for the work at the hearing and establishes at the
hearing that the work cannot reasonably be completed within ninety
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(90) calendar days because of the scope and complexity of the work..
In such case, the commission shall require the owner, lienholder, or
mortgagee to regularly submit progress reports to the commission and
the code inspector to demonstrate compliance with the time schedules
established for commencement and performance of the work. The
oY"der may require that the owner, lienholder, or mortgagee appear
before the commission or the commission's designee to demonstrate
compliance with the time schedules.
(9) If the owner, lienholder, or mortgagee owns property, including
structures or improvements on property, within the city limits of the
city of Paris that exceeds $100,000.00 in total value, the commission
may require the owner, lienholder, or mortgagee to post a cash or
surety bond in an amount adequate to cover the cost of repairing,
removing, or demolishing a building under this article. In lieu of a
bond, the municipality may require the owner, lienholder, or
mortgagee to provide a letter of credit from a financial institution or
a guaranty from a third party approved by the municipality. The bond
must be posted, or the letter of credit or third party guaranty
provided, not later than the 30th calendar day after the date the
commission enters the order.
(10) Once the commission has reduced its order to wfltmg, it shall
promptly mail, by certified mail, return receipt requested, or
personally deliver a copy of the order to the owner of the building and
to any lienholder or mortgagee of the building at the address
ascertained as provided in Section 7-49(d)(2) herein.
(11) Within 10 calendar days after the date of issuing any order, the
commission shall:
a. file a copy of the order with the City Clerk of the City of
Paris;
b. publish one time in a newspaper of general circulation in the
city of Paris a notice and abbreviated copy of the order
containing:
I. the street address or legal description of the property;
2. the date of the hearing;
3. a brief statement indicating the results of the order;
and
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4. instructions stating where a complete copy of the
order may be obtained.
(12) If, after the hearing, the owner does not take the ordered action within
the allotted time, the municipality shall personally deliver or send by
certified mail, return receipt requested, to each identified mortgagee
and lienholder a notice containing:
a. an identification, which is not required to be a legal
description, of the building and the property on which the
building is located;
b. a description of the violation of municipal standards that is
present at the building; and
c. a statement that the municipality will vacate, secure, remove
or demolish the building or relocate the occupants of the
building if the ordered action is not taken within a reasonable
time.
(e) Authority of the commiSSIOn. Following notice and public hearing, the
commission may undertake any of the following actions, or a combination of such actions:
(1) Declare a building or structure dangerous or substandard m
accordance with the standards set out in this article.;
(2) Order the securing, within a fixed period, of buildings or structures
found to be in violation of this article;
(3) Order the demolition or removal, within a fixed period, of buildings or
structures found to be in violation of this article;
(4) Order the repair, within a fixed period, of buildings or structures
found to be in violation of this article;
(5) Order, in an appropriate case, the immediate vacation of persons or
the immediate removal of property found on private property, enter
on private property to secure the vacation or removal if it is
determined that conditions exist on the property that constitute a
violation of this article, and order action to be taken as necessary to
remedy, alleviate, or remove any substandard building or structure
found to exist.
(6) Issue orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the City, to enforce and
carry out the lawful orders or directives of the commission; and
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(7) rpon a finding that the owner was actually notified of the provisions
of this article and any other applicable City building standards, and a
further finding that after the owner received notice of this article's
provisions, the owner committed acts in violation of this article or
failed to take action necessary for compliance with this article, the
commission then may determine the amount and duration of a civil
penalty which the city may be entitled to recover for such violations,
not to exceed $1,000.00 per day for each violation of this article for
non-homestead property, $10 per day for homestead property. Any
civil penalty so assessed shall accrue interest at the rate of 10 percent
a year from the date of assessment until paid in full.
(f) Standards. The following standards shall be applied by the building and
standards commission in determining whether or not to order a building or structure
repaired, vacated, demolished, or secured, or a combination of such remedies:
(1) If the dangerous building or structure can be reasonably repaired so
that it will no longer be in a condition which is in violation of this
article, it shall be ordered repaired.
(2) If the dangerous building or structure is in such condition as to make
it dangerous to the health, morals, safety, or general welfare of its
occupants or of the public, it shall be ordered to be vacated.
(3) III any case where a dangerous building or structure is so damaged or
destroyed that it cannot be repaired so that its existence will no longer
be in violation of the terms of this article, it shall be ordered
demolished and removed.
(4) If open to the public such as to constitute a threat to public health or
safety, the commission may order such building secured by such
means as the commission shall deem appropriate.
(g) Civil penalties final.
(1) An assessment of a civil penalty by the commission as provided in this
article is final and binding and constitutes prima facie evidence of the
penalty in any court of competent jurisdiction in a civil suit brought by
the City for final judgment as provided elsewhere herein.
(2) To enforce any civil penalty as assessed hereunder, the City Clerk
shall file with the district clerk of Lamar County a certified copy of the
commission's order establishing the amount and duration of the civil
penalty. No other proof is required for a district court to enter final
judgment on said penalty.
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Sec. 7-50.
Preservation of Substandard Buildings as Historic Property.
(a) Application. This section shall apply only at such time and for so long as
the City of Paris shall be designated as a certified local government by the Texas State
Historical Preset vation Office as provided by 16 U.S.c.A. Section 470 et seq.
(b) Limitation. This section shall not apply to an owner-occupied, single-
family dwelling.
(c) Review by the City of Paris Historic Preservation Commission. Before
a notice is set or a hearing is conducted pursuant to Section 7-49 of this article, the
City of Paris Historic Preservation Commission may review the case materials for
each building or structure considered dangerous by the City's code inspectors to
determine whether such building or structure can be rehabilitated and designated:
(1) on the National Register of Historic Places; or
(2) a~, a Recorded Texas Historic Landmark; or
(3) as historic property as designated by the City Council of the City of
Paris.
(d) If the City of Paris Historic Preservation Commission reviews a building
or structure, the Historic Preservation Commission shall submit a written report to the
building and standards commission indicating the results of the review conducted
under this section before a public hearing is conducted pursuant to Section 7-49 of
this article.
( e) If the City of Paris Historic Preservation Commission determines that a
building or structure cannot be rehabilitated and designated as historic property, the
building and standards commission shall proceed as provided in Section 7-49 of this
article.
(f) If the City of Paris Historic Preservation Commission determines a
building or structure may be rehabilitated and designated as historic property, the
building and standards commission will defer any order of demolition for the building
or structure for at least ninety (90) calendar days after the date the report from the
City of Paris Historic Preservation Commission is submitted to the building and
standards commission. During this ninety (90) or greater calendar day period, the
City of Paris Historic Preservation Commission shall notify the owner and attempt to
identify a feasible alternative use for the building or structure or locate an alternative
purchaser to rehabilitate and maintain the building or structure. If the City of Paris
Historic Preservation Commission is unable to locate the owner or if the owner does
not respond within the ninety (90) calendar day period, the City may seek the
appointment of a receiver pursuant to Section 214.003 of the Texas Local
Government Code.
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(g) The building and standards commission may require the building or
structure to be demolished as provided in this article after the expiration of the ninety
(90) or greater calendar day period if the City of Paris Historic Preservation
Commission is unable to:
(1) identifY a feasible alternative use of the building or structure;
(2) locate an alternative purchaser tv rehabilitate and maintain the building
or structure; or
(3) in the absence of the owner or the owner's response, cause the
appointment of a receiver pursuant to Section 214.003 of the Texas
Lacal Government Code.
(h) An owner of a building or structure shall not be liable for penalties as
otherwise authorized under this article related to said building or structure during the
90 or greater calendar day period provided for disposition of historic property under
this section.
Sec. 7-51. Judicial review.
(a) Any owner, lienholder, or mortgagee of record jointly or severally
aggrieved by any order or decision of the commission may present a petition to a
district court, duly verified, setting forth that the order or decision is illegal, in whole
or in part, and specifying the grounds of the illegality. The petition must be presented
to the court within 30 calendar days after the date a copy of the final order or decision
of the commission is personally delivered or mailed by first class mail, certified return
receipt requested, to all persons to whom notice is required to be sent by this article.
(b) On presentation of the petition, the court may allow a writ of certiorari
directed to the commission to review the decision of the commission and shall
prescribe in the writ the time, which may not be less than 10 calendar days, within
which a return on the writ must be made and served on the relator or the relator's
attorney.
( c) The commission may not be required to return the original papers acted
on by it. It is sufficient for the commission to return certified or sworn copies of the
papers or parts of the papers as may be called for by the writ.
(d) The return must concisely set forth other facts as may be pertinent and
material to show the grounds for the decision appealed from and shall be verified.
( e ) The allowance of the writ does not stay proceedings on the decision
appealed from.
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(f) The district court's review shall be limited to a hearing under the
substantial evidence rule. The court may reverse or affirm, in whole or in part, or may
modify the decision brought up for review.
(g) Costs may not be allowed against the commission.
(h) If the decision of the commission is affirmed or not substantially reversed
but only modified, the district court shall allow the City all attorney's fees and other
costs and expenses incurred by it and shall enter a judgment for those items, which
may be entered against the property owners as well as all persons found to be in
possession of the property subject to the proceedings before the commission.
Sec. 7-52. Abs'~act of judgment; lienholders.
(a) An abstract of judgment shall be issued against all parties found to be the
owners of the subject property or in possession of that property.
(b) A lienholder does not have standing to bring a proceeding as provided in
Section 7-51 herein on the ground that the lienholder was not notified of the
proceedings before the commission or was unaware of the condition of the property
unless the lienholder had first appeared before the commission panel and entered an
appearance in opposition to the proceedings.
Sec. 7-53. Commission decision final.
If no app<::als are taken pursuant to Section 7-51 herein from the decision of
the commission within the required period, the decision of the commission is, in all
things, final and binding.
Sec. 7-54. ActiGns by the city.
(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, or demolish the building on its own initiative.
This provision shall not be interpreted to limit the ability of the City to collect on a
bond or other financial guaranty required under Section 7-49(d)(9).
(b) If the City incurs expenses under this section, the City may assess the
expenses on, and the City has a lien against (unless it is a homestead as protected by
the Texas Constitution), the property on which the building or structure was or is
located. The lien is extinguished if the property owner or another person having an
interest in the legal title to the property reimburses the City for the expenses. The lien
arises and attaches to the property at the time the notice of the lien is recorded and
indexed in the office of the Lamar County Clerk. The notice must contain the name
and address of the owner if that information can be determined with a reasonable
effort, a legal description of the real property on which the building was located, the
Page 14 of 24
amount of expenses incurred by the City, and the balance due.
( c) If the notice is given and the opportunity to repair, remove, or demolish
the building is afforded to each mortgagee and lienholder as authorized herein, the lien
is a privileged lien subordinate only to tax liens.
Sec. 7-55. Duties of the code inspectors.
The code inspectors of the City of Paris are hereby authorized to:
(1) Inspect or cause to be inspected any building or structure situated
within the city where the code inspector has reason to believe
conditions exist which render such building or structure a dangerous
building or structure as that term is defined herein.
(2) If, upon inspection and investigation, the code inspector finds that the
building or structure is a dangerous building or structure as that term
is defined herein, the code inspector shall refer said building or
structure to the commission for consideration as provided in Section
7-49 herein.
(3) Place a notice on said dangerous building or structure to read
substantially as follows:
'NOTICE-DANGEROUS BUILDING
This building is unsafe, further use of this building is prohibited by
order of the City code inspector. Do not remove this notice.
Violation of this notice is punishable by fines or penalties.'
(4) Upon a finding of immediate risk and danger to the public health and
safety, and upon the order of the City Manager, secure the exterior
doors and all first level windows of any dangerous building or
structure, and provide such other security measures reasonably
necessary to protect the public health and safety.
(5) Appear at all hearings conducted by the building and standards
commission, testify as to the condition of dangerous or substandard
buildings at such hearings, and perform all other staff-related functions
in support of the activities of the building and standards commission.
(6) It shall be unlawful for any person to use any building or structure
after the code inspector has placed a notice thereon as provided for in
this section.
Page 15 of 24
Sec. 7-56. Authority of the city attorney.
The city attorney is hereby authorized and it shall be the duty of the office of
the city attorney of the City of Paris, Paris, Texas, without further authorization ofthe
city council, to undertake, by all legal means appropriate or necessary, the
enforcement of the orders of the building and standards commission, including but not
limited to enforcement in municipal court, filing of appropriate civil actions in courts
of appropriate ju risdiction to seek compliance with said orders, or defending the City
from suit if suit is taken to appeal any action of the building and standards
commiSSion.
Sec. 7-57. Remedies and enforcement.
(a) Nonexclusive. The remedies and penalties set out herein are intended to
be nonexclusive; that is, they shall not be construed to exclude the City from seeking
any and all remedies at law or equity to which the City may be entitled under state law
or otherwise, and the remedies as set out herein shall be considered in addition to and
cumulative of such remedies as set out under ~tate law.
(b) Municipal court remedies preserved. Remedies set out in this article shall
not affect or bt~ construed to affect the ability of the City to proceed under the
jurisdiction of the municipal court.
(c) Penalties in municipal court.
(1) The owner, occupant, lessee, agent, or any other person subject to any
notice and order issued by the building and standards commission
under this article who shall fail to comply with said notice or order to
repair, demolish, or secure such building or structure, or any person
who shall willfully refuse or fail to leave a building or structure that
has been ordered vacated under the terms of this article or who shall
enter an area around such building or structure that has been declared
to be dangerous, shall be deemed guilty of a misdemeanor and shall be
subject to a fine as provided in section 1-6 of the Code of Ordinances
of the City of Paris, Paris, Texas. Each and every day's violation shall
constitute a separate and distinct offense.
(2) If the owner of any dangerous building or structure ordered vacated,
repaired, demolished, or secured under the terms of this article shall
be a corporation and shall violate any of the provisions of this article,
the president, vice president, secretary, or treasurer of such
corporation or any manager or agent of such corporation shall be
jointly and severally liable for the penalties herein provided.
(3) Any person removing the notice provided for in this article from the
building or structure shall be deemed guilty of a misdemeanor and
Page 16 of 24
subject to the penalties set forth in section 1-6 of the Code of
Ordinances of the City of Paris, Paris, Texas.
(d) Civil action authorized
(1) City attorney authorized. The city attorney is hereby authorized to
bring a civil action for the enforcement of any order issued by the
building and standards commission in accordance with this article.
(2) Jurisdiction. venue, and preferential setting. The jurisdiction and
venue of any such action shall be as established in accordance with
~ubchapter B, Section 54.013 of the Texas Local Government Code.
The city attorney shall be authorized to seek a preferential setting for
said action in accordance with Section 54.014 of the Local
Government Code.
(3) Remedies authorized The city attorney may in his discretion seek any
and all remedies authorized under state law, including the provisions
of Chapters 54 and 214 of the Texas Local Government Code. Such
remedies may include, but may not be limited to, injunctive relief
pursuant to Section 54.016 of the Texas Local Government Code,
enforcement and collection of civil penalties authorized under this
article, an action to compel the repair, demolition, or securing of any
building or structure, recovery of all costs and attorneys fees,
appointment of a receiver to administer any noncompliant property in
a<.;cordance with Section 214.003 of the Texas Local Government
Code, and any and all other remedies actionable to the City under law
or equity.
(4) Lis pendens authorized The city attorney may file a notice of lis
pendens in the office of the county clerk regarding such action. If the
City files such notice, a subsequent purchaser or mortgagee who
acquires an interest in the noncompliant property takes the property
subject to the enforcement proceeding of the City and subsequent
orders of the court.
(e) Buildings or structures secured by the city. For any building or structure
which the City it~elf secures in accordance with this article, following such securing
of said building Cor structure, the City shall undertake the following procedure:
(1) Before the 11 th calendar day after the date the building is secured, the
City shall give notice to the owner of said property by:
a. Personally serving the owner with written notice;
Page 17 of 24
b. Depositing the notice in the U.S. mail addressed to the owner
at the owner's post office address;
c. Publishing the notice at least twice within a ten calendar day
period in a newspaper of general circulation in the county in
which the building or structure is located if personal service
cannot be obtained and the owner's post office address is
unknown; or
d. Posting the notice on or near the front door of the building if
personal service cannot be obtained and the owner's post
office address is unknown.
(2) The notice must contain:
a. An identification, which is not required to be a legal
description, of the building or structure and the property on
which it is located;
b. A description of the violation of this article that is present on
the premises;
c. A statement that the City will secure, or has secured, as the
case may be, the building or other structure; and
d. An explanation of the owner's entitlement to request a hearing
before the building and standards commission about any
matter relating to the City's securing of the building.
(3) The City shall conduct a hearing before the building and standards
commission at which the owner may testify or present witnesses or
written information about any matter relating to the City's securing of
the building if, within 30 calendar days after the date the City secures
the building, the owner files with the City Clerk a written request for
the hearing. The City shall conduct a hearing within 20 calendar days
after the date the request is filed.
(4) The City has the same authority to assess expenses under this section
as it has to assess expenses under section 7-54 herein. A lien in the
amount of such expenses is created under this section in the same
manner that a lien is created under section 7-54 and is subject to the
same conditions as a lien created under said section.
Sections 7-58 through 7-80 reserved."
Page 18 of 24
Section 4. That there is hereby adopted to the Code of Ordinances of the City of Paris,
Texas, a new Article IV to Chapter 7, Sections 7-81 through 7-89, entitled "Secured Building
Permit," to read as follows:
"ARTICLE IV. SECURED BUILDING PERMIT
Sec. 7-81. Secured building permit created.
A property owner may, upon proper application and satisfaction of all
requirements of this article, obtain a secured building permit for any qualified building
within the city limits of the city of Paris, Texas. The issuance of a permit as
authorized herein is a privilege and not a matter of right.
Sec. 7-82. Application; criteria for issuance.
Application for a secured building permit shall be made to the office of the
chief building official of the City of Paris, Paris, Texas, on forms as the building
official shall require. To qualifY for the issuance of a secured building permit, the
owner and the property proposed for permitting shall satisfy all of the following
requirements:
(1) The building shall be structurally sound, including sound structural
supports and support members and a structurally sound roof such that
the property is not in danger of collapse, does not experience
d~terioration from the weather or the elements, and does not
constitute an immediate or long-term threat or menace to health or
safety. The building official, or on proper appeal, the building and
standards commission of the City of Paris, Paris, Texas, shall
determine the standards for and shall adjudge the structural soundness
of a particular building or structure for which a secured building
permit is sought.
(2) At the time of application, and during the entire term of the permit,
the building shall remain vacant.
(3) At the time of the application, and during the entire term of the
permit, all utilities shall be disconnected from the premises.
(4) At the time of the application, and during the entire term of the
permit, the building shall be secured. For purposes of this article, a
building shall be considered secured if all windows are covered if
broken, all open access doorways are covered securely, and all other
openings or access to the building are secured from entry from the
outside. In securing said building, the permittee shall be required to
comply with any plan for securing the building specified by the
building official. In securing said premises, the owner may use
Page 19 of 24
plywood or other material acceptable to the building official and
stencil thereon a notice to read substantially as follows:
'SECURED BUILDING MATERIALS; REMOVAL, SALE,
OR PURCHASE OF THIS MATERIAL WITHOUT
CONSENT OF THE OWNER SHALL CONSTITUTE A
VIOLATION OF CHAPTER 7, ARTICLE IV OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS,
PARIS, TEXAS, AND SHALL SUBJECT THE VIOLATOR
TO FINES OR PENAL TIES'
(5) D'Jring the term of the permit, the structure shall otherwise comply
with all City ordinances or regulations dealing with the control of
weeds, vectors, abandoned vehicles, abandoned junk, or other
ordinances as the same shall apply to the external condition of the
premtses.
(6) The owner of the building as part of the permitting process shall agree
in writing that the police department, fire department, building
inspection department, or any other applicable department of the City
shall have access to the premises at all times while on official business.
The building owner shall likewise agree in writing that, save and
except for officials of the City as specified herein, only the building
owner or the owner's lawfully authorized agent shall have access to
and enter the building during the time that such building is governed
by a secured building permit.
(7) No enforcement action is currently pending against the property or its
owner before the City's building and standards commission or under
any other City ordinance; provided, however, that a secured building
permit may be issued upon a finding by the building and standards
commission in an enforcement proceeding, and in response to a
request by the owner, that a property the subject of such proceeding
is otherwise qualified for such a permit. In the event of such a finding,
the property owner shall comply with all the terms and conditions for
the issuance of said permit as set out herein, and upon issuance of
such permit, the enforcement action then pending before the building
and standards commission shall be abated, but not dismissed. For so
long as a valid secured building permit is maintained for the property,
the pending enforcement action shall remain in abated status, but at
such time as the property is no longer governed by a valid secured
building permit, the abated enforcement action shall be placed upon
an ensuing agenda of the building and standards commission for
review and subsequent action.
Page 20 of 24
Sec. 7-83. Effect of issuance of a secured building permit.
For such time as any building is governed by a valid, unexpired secured
building permit, and all conditions for the original issuance of said permit shall
continue to be satisfied, including proper security of the building and all utilities
remaining discolmected, the building shall be exempted from complying with all
internal nonstructural requirements of the City building code, or other applicable
codes of the City of Paris, save and except the City Fire Code, which shall continue
to apply as to any condition of the building which constitutes an immediate fire
hazard. In addition, while such building continues to be governed by a valid,
unexpired permit for which all conditions continue to be met as specified in this
article, no enforcement action shall be taken by the City of Paris pursuant to Article
III, Chapter 7 of the Code of Ordinances, generally referred to as the dangerous
buildings ordinance.
Sec. 7-84. Maintaining a secured building permit.
The building owner shall be responsible for keeping the building at all times
in full compliance with the terms and conditions of the secured building permit. Ifthe
building shall become noncompliant with the terms and provisions of this article, as
found by the building official or as found by the building and standards commission
on appeal from a decision of the building official, then any outstanding secured
building permit shall be revoked.
Sec. 7-85. Permit fees.
The fee for the issuance of a secured building permit shall be $100.00.
Sec. 7-86. Permit duration.
A secured building permit issued in accordance with the terms and provisions
of this article, and provided said building governed by said permit continues to be in
all things compliant with this article, shall be valid for a period of one year from the
date of issuance.
Sec. 7-87. Permit renewal.
A secured building permit as authorized herein shall be subject to annual
renewals provided the building owner files proper application on such forms as shall
be established by the chief building official for such permit renewal and satisfies all of
the following requirements:
(1) A showing that all of the original requirements for issuance of the
permit continue to be satisfied, including a showing that the condition
of the building is structurally sound and that the building will meet or
Page 21 of 24
exceed the standards for issuance of a permit set out in section 7-82
herein.
(2) Payment of the appropriate pennit issuance fee as set out in section 7-
85 herein.
(3) An inspection shall be performed by an inspector of the owner's
choosing, provided such inspector shall meet all the requirements of
state law as set out in Title 7, Subtitle A, Chapterll02 of the Texas
Occupations Code, regarding licensed real estate inspectors. The
inspector shall document in writing the results of the inspection, such
documentation to be in such form as the building official shall specify.
Any inspector who intentionally or repeatedly falsifies or provides
incomplete reports as required herein may be excluded by the building
official as an acceptable inspector for the purposes of this article.
Sec. 7-88. Reoccupation of a secured building.
Before a building governed by a securt;d building permit can be reoccupied,
the building OWl cr must satisfY the following conditions:
(I) The building must be returned to full compliance with any and
all applicable City codes, including but not limited to the City
building code, fire code, electrical code, plumbing code, air
conditioning code, and all other similar codes as said codes are
constituted at the time that reoccupation of the building is
sought.
(2) The owner shall pay an appropriate fee for reinspection of the building
by the City building inspection department and the building shall be
certified by said department as compliant with all outstanding building
codes.
(3) The owner shall apply for and receive a new occupancy
permit, including payment of any applicable occupancy fee.
(4) No utilities shall be turned on in the building until full compliance with
all outstanding City codes and compliance with this article; however,
temporary drops in service may be permitted if necessary for
construction work to bring the building back into compliance with all
applicable codes.
Sec. 7-89. Penalties.
( a) It shall be unlawful to enter a building for which a secured building permit
has been issued, unless such person is the owner or the owner's duly authorized agent.
Page 22 of 24
(b) It shall be unlawful to remove securing material from a building for which
a secured building permit has been issued.
( c) It shall be unlawful to sell securing material, properly or appropriately
stenciled or marked as such, which has been removed from a building for which a
secured building permit has been issued and is currently in effect.
(d) It shall be unlawful to purchase securing material which has been
appropriately stenciled or marked and which has been removed from a building for
which a secured building permit has been issut;d and is currently in effect.
( e) It shall be unlawful to seek the issuance of a secured building permit under
false pretenses.
(f) Any person who shall violate the terms and provisions of this article,
including those activities specifically prohibited under this section, shall be deemed
guilty ofa misdemeanor and shall be subject to a fine as provided in section 1-6 of the
Code of Ordinances of the City of Paris, Paris, Texas."
Section 5. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 6. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 7. That Section 2 of this ordinance notwithstanding, the repeal of prior Article III
of Chapter 7, Sections 7-46 through 7-53 of the Code of Ordinances of the City of Paris, Paris,
Texas, shall not affect any pending or subsequent prosecution or other litigation for violations of the
provisions of Chapter 7 repealed herein, when such violations occurred prior to the effective date of
this ordinance, it being the intention of the City Council that the aforesaid repealed provisions be
continued in full force and effect to the extent necessary and as required by law, to effectuate the
prosecution of all such outstanding violations, or to effectuate the continuation of other litigation
related thereto, and for such purposes only.
Section 8. That Section 2 of this ordinance notwithstanding, the repeal of prior Article III
of Chapter 7, Sections 7-46 through 17-53 of the Code of Ordinances of the City of Paris, Paris,
Texas, shall not affect the validity of any liens previously filed by the City of Paris for collection of
costs incurred pursuant to such repealed provisions, nor shall such repeal affect the ability of the City
to file liens for costs incurred prior to the effective date of this ordinance as authorized under the
aforesaid repealed provisions, it being the intention of the City Council to preserve all such prior or
Page 23 of 24
subsequent liens and the right of the City to pursue collection thereon in accordance with the law.
Section 9. That all other ordinances or parts of ordinances in conflict herewith and not
expressly addressed herein are hereby repealed to the extent of such conflict only.
Section 10. That this ordinance shall become effective on August 1, 2002.
PASSED AND ADOPTED this 10th day of June, 2002.
ATTEST:
.
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Page 24 of 24