20-D Ord Amending Chapter 7-47
DRAFT
JANICE\ORDINANCES\AMEND CHAPTER 7/September 9, 2004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, AMENDING CHAPTER 7, ARTICLE III, THE SUBSTANDARD
BillLDING ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW
PARAGRAPH (c)(ll) TO SECTION 7-47 OF SAID ORDINANCE, ENTITLED
DEFINITIONS, TO CLARIFY THE DEFINITION OF BillLDINGS OR
STRUCTURES TO INCLUDE ADDITIONS, ATTACHMENTS, EXTENSIONS, OR
APPENDAGES TO SAME; MAKING OTHER FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe 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,
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 by prior action
has created and implemented such a building and standards commission; 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
214.001 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 of the City of Paris has by prior action adopted Ordinance
2002-032 on June 10, 2002, which amended Chapter 7 of the Code of Ordinances of the City of
Paris to add a new Article III thereto entitled Substandard and Dangerous Buildings and
Structures; and
WHEREAS, the City Council desires to amend said Ordinance to add a new paragraph
(c) (11) to Section 7-47, definitions thereto, to clarify the application of the Ordinance to
dangerous buildings or Structures to include extensions, additions, appendages, or attachments to
such buildings; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL
PARIS, PARIS, TEXAS:
OF
THE
CITY
OF
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Chapter 7, Article III, Section 7-47 of the Code of Ordinances of the City
of Paris, Paris, Texas, shall be and is hereby amended to include therein a new paragraph (c)(11)
to clarify the meaning of dangerous building or structure to include extensions, additions,
appendages or attachments thereto, said new paragraph (c)(ll) to read as follows:
"Section 7-47 Definitions
*****
(c) Dangerous building or structure: All buildings or structures which have any of the
following defects or lack of facilities shall be dangerous buildings or structures:
*****
(11)
For purposes of this ordinance, extensions, additions, appendages or attachments
to buildings, such as awnings, poles, signs, gutters, or overhangs, shall be deemed
structures. "
Section 3. That any and all ordinances of the City of Paris in conflict with the terms and
provisions of this ordinance shall be and are hereby amended to the extent of such conflict only.
Section 4. 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 this ordinance shall constitute and be
deemed a separate offense.
Section 5. 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, sentence, paragraph, clause 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 6. 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 7. That this ordinance shall become effective on October 1, 2004.
PASSED AND ADOPTED this 9th day of September, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney