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04 Substandard Building OrdAGENDA INFORMATION SHEET SUBJECT: Consider an ordinance repealing the City's existing ordinance on substandard buildings and consider enacting a new Article III of Chapter 7 of the Paris Code of Ordinances to make it consistent with state law regarding vacant substandard buildings and structures, preservation of historical structures, and the abatement of nuisances, and adding a new Article IV to allow the issuance of secured building permits. BACKGROUND: At a special Council meeting on May 30, 2002, the City Council conducted a second public hearing and engaged in further deliberation regarding a proposed substandard building ordinance. At that time, changes in the ordinance requested by Council in prior meetings were discussed and reviewed. In addition, the Council received comment from the public during the public hearing portion of the meeting. At the public hearing, Council received various testimony requesting the City to include a section in the new ordinance authorized by state law for certain qualified cities (Paris currently is not certified) with regard to a special procedure for considering enforcement actions against dilapidated historical structures. As a result of the special meeting, City Council requested further revisions to the ordinance and those revisions are shown by highlighting in the attached draft included in this package. DESCRIPTION: For changes made to the ordinance prior to this current draft, please refer to the Agenda Information Sheet for the May 30, 2002 meeting. The new changes to the proposed ordinance, are as follows: 1. In Section 7-49, subparagraph (b) and (c) 3, changes have been made to expand the membership on the Building and Standards Committee to seven (7) members, serving staggered two (2) year terms; to include as one of the desired members of the Commission an individual with a background in historical preservation; and similarly setting as a goal for appointing to the commission one member from each City Council District. As a result of expanding the membership to seven (7) members, the quorum is expanded to four (4). 2. A new Section 7-50 is added to the ordinance, and the remaining sections following this new section are renumbered accordingly. The new Section 7-50, entitled Preservation of Substandard Buildings as Historic Property, tracks the language in state law found at Section 214.00111 of the Local Government Code and sets forth additional processes related to preservation of substandard buildings as historic property. As directed by City Council, implementation of this particular section of the new ordinance will occur only when and continue only for so long as the City of Paris is designated as a Certified Local Government by the Texas State Historical Preservation Office as provided by 16 USCA Section 470 et seq. 3. Section 7-50 provides for an initial review of all enforcement cases brought under the ordinance by the City of Paris Historical Landmark Preservation Committee for that committee to identify properties for further review related to potential historical significance. Cases not so identified to be subjected to a more comprehensive review will be referred to the building and standards commission. The process of review will apply to all properties covered under the ordinance including residential structures as well as other structures as per state law. Under Section 214.00111, the only structures not covered by this provision are owner/occupied single family dwellings. As for the rest of the ordinance, this section will apply only to vacant properties. 4. The process of review by the Historical Landmark Preservation Committee will enable that committee to assess whether or not particular properties can be rehabilitated to the point where they can be designated on the national register of historic places, the state register of historic places, or historic designation by the City. The ordinance would allow the Historic Landmark Preservation Committee a period of at least ninety (90) days to review those properties considered potentially historically significant. During the ninety (90) days, the Historic Landmark Preservation Committee will be required to attempt to locate the owner, identify a feasible alternative use of the building or structure, and/or locate an alternative purchaser to rehabilitate and maintain the building or structure. Under the right circumstances, and with concurrence with a court of law, a receiver could also be appointed. During the ninety (90) days of intensive review by the Historical Landmark Preservation Committee, the building and standards commission must defer any action regarding any demolition of the building or structure. After review by the Historical Landmark Preservation Committee, and if the committee is unable during the ninety (90) day period to identify a feasible alternative use of the building or structure, locate an alternative purchaser to rehabilitate and maintain the building or structure, or cause the appointment of a receiver under the right circumstances, then the building or structure is again referred back to the building and standards commission for future enforcement orders. 6. Finally, during the ninety (90) day review period by the Historical Landmark Preservation Committee, the owner of a building or structure under review will not be liable for penalties which could be assessed under the ordinance. 7. To assist in the process of successfully designating the City of Paris as a Certified Local Government, Council will need to make new appointments to the City of Paris Historical Landmark Preservation Committee. At the May 30th meeting, City Council directed that private individuals would pursue the certification of the City on the City's behalf, with the decision as to whether or not all other necessary information has been made available by the City for such designation resting solely with the State of Texas. Because of the inclusion of the new Section 7-50, language included in Section 7-49 (c) (7) allowing the Building and Standards Commission to consider evidence related to historical preservation issues has been omitted as redundant. 9. Under Section 7-85, the City Council needs to set the fee for issuance of the Secured Building Permit. The City staff recommends a fee of $100.00. RECOMMENDED ACTION: Consider approval of the ordinance. The proposed ordinance would have an effective date of August 1, 2002. STAFF CONTACT: Larry W. Schenk, City Attorney; and Stephanie H. Harris, Assistant City Attorney COUNCII, DATE: Consider for approval at City Council's regular Council meeting of Monday, June 10, 2002. ADDITIONAL MATERIAL: See attached revised draft ordinance. DRAFT ATTORNEY/IIARRIS/ORDINANCES/Buildings Ord-June 10 Draft 2 June 3, 2002 ORDINANCE NO. 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 III 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 FOR PROCEEDINGS, NOTICE, AUTHORITY, STANDARDS, PENALTIES AND JUDICIAL REVIEW RELATED TO DECISIONS OF THE BUILDING AND STANDARDS COMMISSION; PROVIDING FOR THE PLACEMENT OF LIENS; MAKING OTHERFINDINGS 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 ofthe Local Government Code, at Section 54.032 (3), applies to dangerously damaged or deteriorated buildings or improvements; and, Page 1 of 26 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 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 214.001 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 desires to adopt this ordinance as a means of applying and implementing the requirements of Subchapter B and C of Chapter 54 and Subchapter A of Chapter 214 of the Local Government Code of the 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. Page 2 of 26 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: "ARTICLE IIL 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 powers, duties, and authorities set out in Subchapters B and 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 of the 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. Page 3 of 26 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. 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 spread 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 structures 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. Page 4 of 26 (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. Section 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 are declared to be public nuisances and shall be ordered to be vacated, repaired, secured, or demolished as hereinafter provided. Section 7-49. Building and standards commission. (a) Created; purpose. There is hereby created a building and standards commission ofthe City ofParis, 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 subj ect 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. Page 5 of 26 (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. (3) Meetings ofthe commission shall be held at the call ofthe 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 of four (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 proof to 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. Page 6 of 26 (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 /or other applicable instruments on file in the office of the county clerk; and 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 of 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 lOth 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 Page 7 of 26 general circulation in the city on one occasion on or before the lOth 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 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 and 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. Page 8 of 26 (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 (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 order 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. Page 9 of 26 (10) Once the commission has reduced its order to writing, 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: 1. 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 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. Page 10 of 26 (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 in 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 (7) Upon 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: Page 11 of 26 (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) In 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. Section 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. (c) Review by the City of Paris Historical Landinark Preservation Committee. Before a notice is set or a hearing is conducted pursuant to Section 7-49 of this articlex the City of Paris Historical Landmark Preservation Committee may review the case materials for each building or structure considered dangerous by the Page 12 of 26 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) as 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 Historical Landmark Preservation Committee reviews a building or structure, the Committee shall submit a written report to the buildings and standards eotrtmittec 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 Landmark Preservation Committee 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 Historical Landmark Preservation Committee determines a s building or structure may be rehabilitated and designated as historic property, the building and standards comn-titt-ee 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 Historical Landmark Preservation Committee is submitted to the buildings and standards eemn7itte commission. During this ninety (90) or greater calendar day period, the City of Paris Historical Landmark Preservation Committee 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 Historical Preservation Committee 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 revicreceiver pursuant to Section 214.003 of the Texas Local Government Code. (g) The buildings and standards eotrtmittee cortunission 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 Historical Landmark Preservation Committee is unable to: (1) identify a feasible alternative use of the building or structure; Page 13 of 26 (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. (g) 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. Section 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. Page 14 of 26 (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 ofthe property subject to the proceedings before the commission. Section 7-52. Abstract 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. Section 7-53. Commission decision final. If no appeals 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. Section 7-54. Actions 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 Page 15 of 26 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 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. Section 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. Page 16 of 26 (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. Section 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 ofthe City ofParis, Paris, Texas, without further authorization ofthe city council, to undertake, by all legal means appropriate or necessary, the enforcement ofthe orders ofthe building and standards commission, including but not limited to enforcement in municipal court, filing of appropriate civil actions in courts of appropriate jurisdiction 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. Section 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 state law. (b) Municipal court remedies preserved. Remedies set out in this article shall not affect or be 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, Page 17 of 26 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 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 Subchapter 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 accordance 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. Page 18 of 26 (e) Buildings or structures secured by the city. For any building or structure which the City itself secures in accordance with this article, following such securing of said building or structure, the City shall undertake the following procedure: (1) Before the l lth 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; 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 Page 19 of 26 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." 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 Section 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. Section 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 deterioration 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. Page 20 of 26 (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 plywood or other material acceptable to the building official and stencil thereon a notice to read substantially as follows: 'SECURED BUILDINGMATERIALS; 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 PENALTIES' (5) During 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 premises. (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 Page 21 of 26 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. Section 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 disconnected, 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. Section 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. If the 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. Section 7-85. Permit fees. The fee for the issuance of a secured building permit shall be $100.00. Page 22 of 26 Section 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. Section 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 exceed the standards for issuance of a permit set out in section 7-82 herein. (2) Payment of the appropriate permit 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, Chapter1102 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. Section 7-88. Reoccupation of a secured building. Before a building governed by a secured building permit can be reoccupied, the building owner must satisfy the following conditions: (1) 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. Page 23 of 26 (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. Section 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. (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 issued 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 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." 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. Page 24 of 26 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 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 lOth day of June, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk Page 25 of 26 APPROVED AS TO FORM: Larry W. Schenk, City Attorney Page 26 of 26