§ 7-49. Building and standards commission

(a) Created; purpose. There is hereby created a building and standards commission of the City of Paris, 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. The members of said commission shall hold their offices for a period of two (2) 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 (2) years. As nearly as practical, the members of said commission shall be qualified in one (1) 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 subject to the removal action. The city council shall also appoint four (4) alternate members of the commission who shall serve in the absence of one (1) 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.

(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 of the commission shall be held at the call of the 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.

(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 10th 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 general circulation in the City on one occasion on or before the 10th 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 thirty (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 of the 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.

(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 thirty (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 thirty (30) calendar days. If the commission allows the owner, lienholder, or mortgagee more than thirty (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 one hundred thousand dollars ($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.

(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 ten (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 (1) 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.

(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 one thousand dollars ($1,000.00) per day for each violation of this article for non-homestead property, ten dollars ($10.00) per day for homestead property. Any civil penalty so assessed shall accrue interest at the rate of ten (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:

(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.

(Ord. No. 2002-032, §§ 2, 3, 6-10-02)