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30-FIRST READING, DELIBERATE AND POSSIBLY ACT ON ORD AMENDING ARTICLE III SUBSTANDARD AND DANGEROUS BUILDINGS AND STRUCTURES SECTION 7-50CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 05/21/2012 Originating Department: Engineering, Planning Presented By: Shawn Napier, P.E. Director of Agenda Item No.: Council Date: 05/31 /2012 and Development Engineering, Planning and Development 30. RECOMMENDED MOTION: First reading, deliberate and possible act on an ordinance amending Article III, Substandard and Dangerous Buildings and Structures, Section 7-50. POLICY ISSUE(S): Amend Code of Ordinance BACKGROUND: Amend Article III, Substandard and Dangerous Buildings and Structures Ordinance of the City of Paris, Texas by amending Section 7-50, Preservation of substandard buildings as historic property. The following changes to Section 7-50, Preservation of substandard buildings as historic property, were recommended by the City Council Task Force on Substandard Buildings. The recommendation stated the ordinance should be modified to allow the Historic Preservation Commission to act on all buildings and structures in the historical district, for all designated landmark buildings and structures with a federal, state or local landmark designation, and for all buildings and structures fifty (50) years or older that are considered dangerous by the City's code inspectors to determine whether such building or structure can be rehabilitated or designated. The Historic Preservation Commission also recommended changes to Section7-50(f), changing the number of days of deferment on any order of demolition for the building or structure from at least ninety (90) calendar days to at least one hundred eighty (180) calendar days. BOARD/COMMISSION RECOMMENDATION: Historic Preservation Commission recommended changes to Section 7-50 by a vote of 5-0. Building and Standards Commission recommended changes to Section 7-50, no vote was taken. EXHIBITS: Draft Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense ❑ Department Report ❑ Resolution Budgeted Amt. ❑ Presentation ~ Ordinance ❑ P bli H i ❑ O h y'I'D Actual u c ear ng er t Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utilities City of Paris 134 Revised 2/04/08 D RAFT ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 7-50 OF ARTICLE III OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ALLOW THE HISTORIC PRESERVATION COMMISSION TO REVIEW ALL BUILDINGS AND STRUCTURES IN THE HISTORICAL DISTRICT, FOR ALL DESIGNATED LANDMARK BUILDINGS AND STRUCTURES WITH A FEDERAL, STATE OR LOCAL LANDMARK DESIGNATION, AND FOR ALL BUILDINGS AND STRUCTURES FIFTY (50) YEARS OR OLDER THAT ARE CONSIDERED DANGEROUS BY THE CITY'S CODE INSPECTORS TO DETERMINE WHETHER SUCH BUILDING OR STRUCTURE CAN BE REHABILITATED OR DESIGNATED; AND AMENDING SECTIONS 7-50(t)(g)(h) OF ARTICLE III, CHAPTER 7 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF DAYS GIVEN TO THE HISTORIC PRESERVATION COMMISSION TO DEVELOP A PLAN FOR SAVING, PRESERVING OR REHABILITATING THE SUBSTANDARD STRUCTURE FROM NO LESS THAN NINETY (90) CALENDEAR DAYS TO NO LESS THA1V ONE HUNDRED EIGHTY (180) CALENDAR DAYS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Article III, Section 7-50 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "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 Preservation 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 all buildings and structures in the historical district, for 135 all designated landmark buildings and structures with a federal, state or local landmark designation, and for all buildings and structures fifty (50) years or older that are considered dangerous by the City's code inspectors to determine whether such building or structure can be rehabilitated or designated: (1) On the National Register of Historic Places; or (2) As 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 Historical Preservation Commission determines that a building or structure cannot be rehabilitated or 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 or designated a historic property, the Building and Standards Commission will defer any order of demolition for the building or structure for at least one hundred eighty (180) 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 one hundred eighty (180) 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 one hundred eighty (180) calendar day period, the City may seek the appointment of a receiver pursuant to Section 214.003 of the Texas Local Government Code. (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 one hundred eighty (180) 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; 136 (2) Locate an alternative purchaser to 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 Local Government Code. (h) An Owner of a building or structure shall not be liable for penalties as otherwise authorized under Sec. 7-49(e) of this Article related to said building or structure during the one hundred eight (180) or greater calendar day period provided for disposition of historic property under this section." Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective immediately upon passage. PASSED AND ADOPTED this 31ST day of May, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 13'7