2012-016 ORD AMENDING SECTION 7-50 OF ARTICLE III OF CHAPTER 7 OF CODE OF ORDINANCESORDINANCE N0. 2012-016
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 DETERMIIVE
WHETHER SUCH BUILDING OR STRUCTURE CAN BE REHABILITATED OR
DESIGNATED; AND AMENDING SECTIONS 7-50(f)(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 THAN ONE HUNDRED EIGHTY (180)
CALENDAR DAYS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A1V 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) Lrmitation. This section shall not apply to an owner-occupied,
single-family dwelling.
(c) Review by the Ciry 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
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.
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;
(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 A
ATTEST:
'
gnice Ellis, City Clerk
APPROVED AS TO FORM:
~
W. Kent Mclky- r rney