04/18/2016 MINUTESMINUTES OF THE REGULAR MEETING
OF THE
BUILDING AND STANDARDS COMMISSION
MONDAY, APRIL 18, 2016
3:30 P.M.
1. Johnny Norris called the Building and Standards Commission Meeting to order at
3:30 P.M.
Roll was called.
A. The following members were present:
Matthew Allen
Chad Lindsey (arrived 3:40)
Sally McEwin
Johnny Norris
Ben Vaughan
Charles Richards
Ken Kohls
B. Staff present:
Robert Talley
Stephanie Harris
Larry Wright
Clyde Crews
Debra Burge
Nicki Brown
Deneen Whitaker
Robert Smith
C. Others present:
Benny Plata — City Council
2. Approval of minutes from previous meeting (March 21, 2016).
Correct previous minutes: Johnny's last name is Norris, not Nichols.
Ben Vaughan asked in item D is it owner "of" record or "on" record. Stephanie
Harris confirmed should be "of' record.
Johnny Norris recommended approving the minutes with changes; second by Ben
Vaughan. Motion carried unanimously. 7 -0
3. Public Hearing to consider presentations by City of Paris Code Inspectors and
owner(s) and/or lien holder(s) of the below properties who have been given notice of
a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris,
Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures ":
G. 1061 W Shiloh; City Block 83, Lot 1
Owner: Michael LeCornec, 410 39' SE, Paris TX 75462
Taxes Owed: $0 (current)
Robert Talley stated Code received calls from neighbors regarding rubbish. Also
noticed issues with structure. Boards holding up outside wall; missing wood;
board holding up porch; house sinking; boards inside being used as braces from
floor to ceiling.
Robert spoke with owner who stated he did not know renters were scrapping out
wood. Code Enforcement Officers stated they could hear house "popping"
inside, indicating house was moving. Told tenants they had to vacate for safety.
People have moved from the house and are living in shed in back yard.
Clyde Crews stated he inspected the house. Perceived a life- safety issue. Met
with female tenant; could hear floor popping and dropping. Tenants were told
they could not continue living in the house for safety reasons. Clyde had utilities
(gas and electric) pulled.
Ben Vaughan asked what is meant by "wood." Robert Talley stated rafters,
joists. House is in the process of coming down.
Owner present. Has witnesses who can attest to condition of house when first
leased. Nowhere near condition it is in now. Neighbor observed current
tenants destroying and tearing down property for 2 days, which led to current
condition. Owner states he was maintaining the property prior to these tenants
moving in. Stated tenant/landlord laws hold landlord to security deposit for
damages. Laws also preventing him from evicting tenants. They have
threatened him with suit if he tells them they have to leave. Property is insured,
and owner has filed claim.
Johnny Norris asked owner his plans. Owner stated he plans to take the house
down, but requests 60 days to do so. Waiting to hear from insurance company
about what they'll do. Owner is looking into what he can do until then to secure
property.
Johnny Norris stated it needs to be secured immediately. Tenants are insisting
owner does not have a right to evict them immediately. Owner wants tenants
removed so he can secure property, but does not want to risk being sued. Owner
has investor who says they can restore it. Was told demo order would go with
property. New owner would have to come before the BSC within the time of
demo order.
Charles Richards asked if conduct of tenants was breaking a law? Owner was
told according to landlord /tenant law, Police cannot do anything.
Ben Vaughan asked how long he needs to secure property. Owner said 1 -2
weeks, once he can get the tenants out.
Sally McEwan asked Robert Talley if it's safe for owner to try and secure
building. Robert — yes, outside, but not inside. Porch has since been taken
down by tenants. Neighbor witnessed.
Shed not included in demo order. Minor exterior damage.
Robert Talley made sure owner understands if property sells, no guarantee demo
order will be rescinded.
Chad Lindsey asked Stephanie Harris if commission can issue eviction order.
Stephanie said commission does not have authority to issue eviction order. But
recommended owner seek a forcible entry detainer.
Robert Talley's recommendation: Demolition within 30 days.
Motion was made by Johnny Norris to give owner 10 days to secure, and 60
days to demo or sell, and seconded by Sally McEwan. Motion carried
unanimously. 7 -0
A. 2810 NE Loop 286; City Block 259, Lot 29
Owner: 286 Edge Inc /Gene's Flea Market, Randy Rader, 2565 Clark Ln, Paris,
TX 75460
Back taxes owed: $0 (current)
Robert Talley stated wind storm blew off portion of roof on main building.
Robert Talley, Clyde Crews, Larry Wright, Nicki Brown, Deneen Whitaker, and
Robert Smith inspected all buildings on property.
Auction building is structurally sound. Back building has large portions of room
missing. Illegal rafter structure inside; too many extension cords; running
heaters from propane bottles. 24" of breaker box clearance; 36" is required.
Electrical service pulled away from building outside. Double lugging utility
service. Building starting to collapse in several areas.
Required they get a demo permit to remove rest of roof. Owners asked for
building permit. That was denied due to interior conditions.
Ken Kohls asked if owners (Randy Rader's children) are of age and able to make
legal decisions. Yes.
On map given to commission members, buildings 3, 4, and a portion of 1 are
recommended for demo.
Owners have hired contractors to start demo.
Clyde Crews — due to size, should be a sprinkled building. Potential for rapid
fire growth extremely large. Ceiling structures consist of textile materials and
tarps. Walls made from cardboard. Also have wood - burning stoves inside, by
exits; not allowed. Only exits that can be counted are exits marked. Extension
cords running through walls.
Ken Kohls asked what led to the inspection.
Clyde — all buildings in Paris are to be inspected annually; this inspection
occurred due to complaints of near - misses in parking lot.
Stephanie Harris — we had an administrative search warrant. Had to cut locks to
gain access; replaced and gave keys to property owner.
Ken Kohls — why has this building not been inspected each year like other
business are?
Clyde Crews — can no longer use FFs; has to be someone approved to do
inspections.
Chad Lindsey — does potential fire pose danger to surrounding properties?
Clyde Crews — cedar trees behind; businesses on either end. Could possibly
spread to cedars, grass, and homes behind it.
Robert Smith — received several complaints which led to inspection. Found
utility poles outside without proper wiring and GFI protection/covering. Pole #6
is complete light pole with no covering; immediate life- saving issue. Open
access about 5 feet off ground to direct power from main utility line coming into
pole. Had power cut off day of inspection. Bldg 1 had wiring sticking out of
panels, and materials stacked in back of building which could have ignited from a
spark.
Sally McEwin — what has City done to protect public?
Robert Talley — Shut down main building. Cut services.
Ken Kohls — did owners comply with ruling?
Robert Talley — Yes, but a few vendors are still operating. Last Saturday 2 of
the stalls in the main building were still occupied.
Bldg. 6 has main feed running between buildings on top of a 2x4.
Not asking for demo on all buildings; inspected every building; 3, 4, back of 1,
and 5 recommended for demo.
Again, owner has contacted a contractor and agreed to demo.
Ken Kkohls — Are we going to require building be secured?
Robert Talley said building is secure. Owner has told tenants they cannot
operate their business in the buildings to be demoed.
Ken Kohls — does city have authority to state building is unsafe to conduct
business?
Robert Talley — yes; and we have.
Ken Kohls — can we enforce with Police?
Stephanie Harris says there is a criminal ordinance against entering building that's
been red - tagged.
Robert Talley said there are currently 4 -5 red tags on the building. Caution tape
around front of building.
Ben Vaughan — can the back of the building be taken off and the remainder still
be in use? Yes. New opening can be secured.
Robert Talley's recommendation: Demolition of 3, 4, 5, and back portion of 1
within 30 days, or city has right.
Motion was made by Charles Richards, seconded by Chad Lindsey to accept
Robert Talley's recommendation. Motion carried unanimously. 7 -0
B. 905 Lamar Ave; City Block 187, Lot 7 -A
Owner: Teresa J Wright & Hans P Haussler, 857 Lamar Ave, Paris TX 75460
Back taxes owed: $0 (current)
Robert Talley stated has spoken with Teresa Wright. She has contacted
Sanitation Solutions about demoing building. Sanitation Solutions has secured
half the money.
Hole in roof; buzzards entering house. Center of structure beginning to collapse.
Robert smelled odor; notified animal control.
Robert Talley's recommendation: Demolition with 30 days, or city has right.
Ben Vaughan — since owner has made contact with contractor to demo, why do
we need to issue an order?
Robert Talley — we need to be on record that we've issued the order.
Motion was made by Ben Vaughn, seconded by Ken Kohls to accept
recommendation. Motion carried unanimously. 7 -0
C. 640 W Center; City Block 251, Lot 32 & 32 -A
Owner: VFM Fertilizer Inc, 550 SE Loop 286, Paris, TX 75460
Taxes Owed: $0 (current)
Robert Talley stated he has spoken to owner. B &D Salvage said they were
having to secure a new crane. Owner asked for 30 days to complete demo.
Ken Kohls — don't think we need to take any action now; give them another 30
days, then back to commission.
Charles Richards seconded recommendation.
Sally McEwin asked to table for 30 days.
Chad Lindsey asked how long it's been sitting. Robert wasn't sure; received a
complaint, but saw they had started demo. Demo stopped waiting on another
crane.
Robert Talley's recommendation: Demolition within 30 days, or City has
right.
Motion was made by Ken Kohls to table for 30 days; seconded by Charles
Richards. Motion carried unanimously. 7 -0
D. 823 NW 6th; City Block 88 -A, Lot 5
Owner: LT Mims, 823 NW 6th, Paris, TX 75460
Back taxes owed: $0 (current)
Robert Talley stated this property has roof missing due to wind. Owners asked it
be condemned. Deterioration along front roof edge. Rubbish outside is
property being thrown away due to damage inside. Owner's daughter said they
will be getting Mr. Mims a new house and asked that this property be condemned.
Robert agreed.
Johnny Norris asked if owner is going to demo? Robert said he thinks they'll
try, but probably is a financial issue for them.
Ken Kohls asked how property is zoned? For trailer houses? Now that trailer
house is gone, will it remain zoned for a mobile home? Asked Benny Plata if it
can be rezoned?
Benny Plata said it would have to go to Planning & Zoning.
Robert Talley's recommendation: Recommend demolition with 30 days, or
City has right to do so.
Motion was made by Ken Kohls, seconded by Ben Vaughn to accept Robert
Talley's recommendation. Motion carried unanimously. 7 -0
E. 1531 Pine Bluff, City Block 70 -B, Lot 6
Owner: William & Diana M Short, 1531 Pine Bluff, Paris TX 75460
Taxes Owed: $0 (current)
Robert Talley stated he has not heard from owners. Extensive structure fire.
Broken windows; unsecure; smoke damage inside and out; fire damage to roof;
fire damage under carport with light showing through. Fire was a couple of
months back. Neighbor turned in complaint.
Robert Talley's recommendation: Demolition within 30 days, or City has
right to do so.
Motion was made by Ken Kohls, seconded by Ben Vaughan to accept Robert
Talley's recommendation. Motion carried unanimously. 7 -0
F. 3035 Lamar Ave; Hayes Heights Block 1, Lot 3
Owner: Glenn A Smallwood, 2585 Simpson, Paris TX 75460
Taxes Owed: $0 (current)
Robert Talley stated no contact with owner. This property came to BSC
November 2015, and issued orders to repair. Sons came in and obtained roofing
permit, came back and said they wanted to demo, but were busy. Both live out
of area. Asked about real estate market. Robert told them to speak with a
realtor. Came back and obtained another roofing permit; said they had lost
original. Also obtained residential building permit. Were given 90 -day order
to repair. Expired first part of March. Neighbors said work had begun;
received call last month work had stopped. Asked for property to be reviewed
again. Property has been secured. Flat roof starting to crack and break; leaking
badly. Deterioration in back add -on shed. Crack in foundation. HVAC door
open. Mold inside. Numerous reports of sewer back ups. Roof -line
deterioration.
Stephanie Harris asked if deterioration has increased to require demo order now
vs. repairs?
Letter was sent that property needs to be demoed.
Ben Vaughan — who can make decision if repairable or not?
Robert Talley said by putting orange sticker on building, that states it's unsafe and
needs to be demoed. Has had no response.
Johnny Norris asked if owner gets demo order, can owner come back and want to
repair?
Robert Talley — could bring back to BSC.
Chad Lindsey said not comfortable issuing demo order if property is repairable.
Ken Kohls — we've given them 90 days, 180 days have passed.
Chad Lindsey — but how do we look at it; do we look at previous order that was
issued, or like it's the first time we're seeing it when determining if it should be
demoed or can be repaired?
Stephanie Harris — look at it like it's the first time. Can only issue demo order if
property cannot be repaired.
Charles Richards — but does this go on forever?
We have to make a ruling based on how the property looks.
Ken Kohls — if a fine is put on the property, who's responsible for paying?
Charles Richards in favor of attaching a civil penalty.
Ken Kohls - 60 days to fix, or $100 civil penalty. Chad Lindsey agreed.
Robert Talley - $100 a day is very steep. Most we've ever assessed is $10 a day.
Sally McEwin — has city mowed this property?
No. Nicki Brown spoke with owner who has spoken to contractor about tearing
down, but need to get utilities disconnected.
Robert Talley's recommendation: demolition within 60 days, or City has
right to do so.
Motion was made by Kehn Kohls to fix in 60 days, then assess $10 a day civil
penalty. Seconded by Chad Lindsey. Motion carried unanimously. 7 -0
4. Code Enforcement Update
Ken Kohs — 332 & 334 Fitzhugh; buildings are gone, but pad is not smooth; cannot be
moved. Robert Talley — between property owner and contractor.
Sally McEwan — are we still getting our discount?
Robert Talley — no, flat rate $29 /ton. No one beats that price; was bid out. Previous
discount was because we had a back -log of properties at one time.
5. Discuss and act on information given to the commission.
How does back -tax information help determine whether or not to demo a property?
Johnny Norris asked for a hand vote if we need to know the back taxes.
Chad Lindsey asked to review what we consider to determine if something should be
repaired or demolished.
Stephanie Harris — BSC should determine condition of structures; does not see relevance
of taxes owed. Can property be reasonably repaired or should it be demolished?
Matt Allen — Should a person's financial means to repair be taken into consideration?
Stephanie Harris — The question is can the building be reasonably repaired?
Chad Lindsey — But it's the owner's responsibility to notify the committee that they're
not financially capable to make repairs.
Ken Kohls — Agreed outstanding taxes have no relevance on whether a building can be
repaired.
Committee unanimously agrees do not need tax information.
6. Future agenda items.
7. Adjournment
Motion was made by Johnny Norris, seconded by Ben Vaughan to adjourn the
meeting at 5:15. Motion carried unanimously. 7 -0
APPROVED THIS 16"' DAY OF MAY, 2016.
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