04-B Proper Disposal Proof
AGENDA INFORMATION SHEET
DESCRIPTION:
Consider an ordinance amending the Code of Ordinances of the City of Paris, Paris, Texas,
by adding a new Sec. 7-58 to Article III of Chapter 7 thereof to require a property owner or lienholder of the
property to furnish written proof to a City of Paris Code Inspector of proper and legal disposal at a landfill of
all materials from a substandard, dangerous, or hazardous building or structure that has been either demolished,
removed, secured, or repaired pursuant to Article III of Chapter 7 of the Code of Ordinances, and also by
adding a new Sec. 7-28 to Article II of Chapter 7 thereof to require a property owner to furnish written proof
to the City of Paris Community Development Department of proper and legal disposal at a landfill of all
materials from a building or structure for which the City of Paris Community Development Department issues
a permit to demolish a building or structure.
BACKGROUND:
The City Council of the City of Paris passed and adopted Article III and Article IV of
Chapter 7 of the Code of Ordinances on June 10, 2002, entitled "Substandard And Dangerous Buildings And
Structures," and entitled “Secured Building Permit”, which established a Building And Standards Commission,
provided for placement of liens, and established penalties for violation of said ordinance. Article II of Chapter
7 of the Code of Ordinances established definitions, adopted various building and electrical codes, and
established permit fees.
DESCRIPTION:
The proposed ordinance would add a new Sec. 7-58 to Article III of Chapter 7 of said
Code to require a property owner or lienholder of the property to furnish written proof to a City of Paris Code
Inspector of proper and legal disposal at a landfill of all materials from a substandard, dangerous, or hazardous
building or structure that has been either demolished, removed, secured, or repaired pursuant to Article III of
Chapter 7. It would also add a Sec. 7-28 to Article II of Chapter 7 which would require a property owner to
furnish written proof to the City of Paris Community Development Department of proper and legal disposal
at a landfill of all materials from a building or structure for which the City of Paris Community Development
Department issues a permit to demolish a building or structure. It would also establish a penalty for violation
of said Ordinance.
RECOMMENDED ACTION:
Consider approval of the proposed ordinance.
STAFF CONTACT:
Larry W. Schenk, City Attorney; John D. Lestock, Assistant City Attorney; Lisa A.
Wright, Director of Community Development; Steve Methven, Community Development.
COST
: There is no cost to the City of Paris to implement and enforce this Ordinance other than usual duties
of Code Inspectors, Community Development Department, Legal Department, and Municipal Court.
COUNCIL DATE:
Consideration at City Council's April 12, 2004, regular Council meeting.
ADDITIONAL MATERIALS:
See the attached proposed ordinance.
DRAFT
F:\Attorney\Lestock\Ordinances\Add Section.wpd
February 20, 2004
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING A NEW SECTION
7-58 TO ARTICLE III OF CHAPTER 7 THEREOF PROVIDING FOR
WRITTEN PROOF OF PROPER AND LEGAL DISPOSAL OF
SUBSTANDARD, DANGEROUS, OR HAZARDOUS BUILDING
MATERIALS AT A LANDFILL; THAT SAID CODE BE FURTHER
AMENDED BY ADDING A NEW SECTION 7-28 TO ARTICLE II OF
CHAPTER 7 THEREOF PROVIDING FOR WRITTEN PROOF OF PROPER
AND LEGAL DISPOSAL OF ALL MATERIALS FROM A BUILDING OR
STRUCTURE FOR WHICH THE DEPARTMENT OF COMMUNITY
DEVELOPMENT ISSUES A PERMIT TO DEMOLISH; PROVIDING FOR
A PENALTY FOR VIOLATION THEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Paris, Paris, Texas, did heretofore, on the 10th
day of June, 2002, amend the Code of Ordinances of the City of Paris, Paris, Texas, by adding a new
Article III to Chapter 7, Sections 7-46 through 7-56, entitled "Substandard and Dangerous Buildings
and Structures" and by adding a new Article IV to Chapter 7, Sections 7-81 through 7-89, entitled
“Secured Building Permit”; 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,
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,
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; 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 to require the owner or the
lienholder of property to furnish written proof to a City of Paris Code Inspector of the proper and
legal disposal at a landfill of all materials from a substandard, dangerous, or hazardous building or
structure, and to require a property owner to furnish written proof to the City of Paris Community
Development Department of proper and legal disposal at a landfill of all materials from a building or
structure for which the City of Paris Community Development Department issues a permit to
NOW
demolish a building or structure, and to make the violation of this ordinance a misdemeanor;
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 the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same
is hereby, amended by adding a new section 7-58 to Article III of Chapter 7 to read as follows:
Sec. 7-58. Duty to furnish proof of proper and legal disposal to Code Inspector.
"
"A property owner or a lienholder of property shall, furnish written proof to a City
of Paris Code Inspector of the proper and legal disposal at a landfill of all materials
from a substandard, dangerous, or hazardous building or structure demolished
pursuant to this article. Any person violating any of the provisions of this section
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
section shall constitute and be deemed a separate offense."
Section 3.
That the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same
is hereby, amended by adding a new section 7-28 to Article II of Chapter 7 to read as follows:
Sec. 7-28. Duty to furnish proof of proper and legal disposal to Department of
"
Community Development.
"A property owner, shall, pursuant to obtaining a permit to demolish a building or
structure issued by the City of Paris Community Development Department under this
article, furnish to the Department of Community Development written proof of the
proper and legal disposal at a landfill of all materials from the demolition of said
building or structure. Any person violating any of the provisions of this section 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
section shall constitute and be deemed a separate offense."
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 the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 5.
That all ordinances or parts of ordinances in conflict herewith and not expressly
addressed herein are hereby repealed to the extent of such conflict only.
Section 6.
That this ordinance shall become effective on May 1, 2004.
PASSED AND APPROVED
this 12th day of April, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney