Ord 074-95 7/5/1995ORDINANCE NO. L1 --C1-75-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, AMENDING CHAPTER 7, ARTICLE III
CONCERNING DANGEROUS BUILDINGS OR STRUCTURES AT
SECTIONS 7 -25; 7 -28; 7 -29; AND 7 -31 OF THE CODE OF
ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING A REPEALER CLAUSE; AND FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, due to the fact that certain property owners of
hazardous structures have requested of the City Council
extensions of time for repairs, and such requests have in some
instances created confusion and unnecessary complications; and,
WHEREAS, the City Council d
orderly procedure for handling such
WHEREAS, certain revisions to
Code Section 214.0015 require that
be incorporated into Sections 7 -25;
necessitates in the public interest
esires to provide for an
requests; and,
the Texas Local Government
other procedural revisions
7 -28; 7 -29; and 7 -31, which
the hereinafter amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That Section 7 -25 of the Code of Ordinances be
amended so that such section shall read as follows:
"Sec. 7 -25. Defined.
All buildings or structures of any nature that are found
to be dangerous structures or buildings or dilapidated
buildings or structures, buildings or structures calculated to
increase the fire hazard, that injure, hurt or harm individuals
or that may hurt or annoy the lands, tenements, hereditaments
or another or which endanger life or health or violate laws of
decency or obstruct the reasonable and comfortable use of
property or are subversive of public order, decency or morals
and which have any one or all of the following defects, shall
be deemed 'dangerous buildings or structures.'
(a) Those which, exclusive of the foundation, show
thirty -three (33 %) percent or more of damage or
deterioration of the supporting member or members or
fifty (50 %) percent of damage or deterioration of the
non - supporting enclosing or outside walls or
covering.
(b) Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life,
safety, morals or the general health and welfare of
the occupants or the people of the City of Wichita
Falls.
(c) Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which utterly fail to
provide amenities essential to decent living that
they are unfit for human habitation or are likely to
cause sickness or disease so as to work injury to the
health, morals, safety or general welfare of those
living therein.
(d) Those that have light, air and sanitation facilities
which are inadequate to protect the health, morals,
safety or general welfare of human beings who live or
may live therein.
(e) Those having inadequate facilities for egress in case
of fire, or panic, or those having insufficient
stairways, elevators, fire escapes, or other means of
communications.
(f) Those which have parts thereof which are so attached
that they may fall and injure members of the public
or property.
(g) Those which have a foundation that is not so free of
holes, cracks, buckling, crumbling and defects as to
support adequately the dwelling structure.
(h) Those which do not have a floor, exterior wall and
roof that is so free of holes, cracks and loose,
rotten, warped or protruding boards as to protect the
occupants of the dwelling or dwelling unit reasonably
from weather elements and from danger of collapse.
(i) Those buildings or structures existing in violation
of any provision of the building code of the City of
Wichita Falls or any provision of the City of Wichita
Falls fire code or other ordinances of the City of
Wichita Falls."
SECTION 2. That Section 7 -28 of the Code of Ordinances be
amended so that such section shall read as follows:
"Duties of the building and code administrator or his
designee.
The building and code administrator or his designee shall:
(a) Inspect or cause to be inspected, when necessary, all
public buildings, schools, halls, churches, theaters,
hotels, tenements or apartments, other multi - family
residences, commercial manufacturing buildings for
the purpose of determining whether any conditions
exist which render such places a 'dangerous building
or structure' within the terms of Section 7 -25 of
this Article.
(b) Inspect any building, wall or structure about which
complaints are filed by any person to the effect that
a building wall or structure is or may be existing in
violation of this article.
(c) Determine the names and current addresses of the
owners and other persons having an interest in any
building found to be a 'dangerous building or
structure' by reviewing the deed records of the
county in which the structure is situated.
(d) Provide written notice to the owner and other persons
having an interest in the structure by personal
service or certified mail at their current address.
If the owner and other interested persons or their
current address cannot be determined, such notice
shall be published in a newspaper of general
circulation.
(e) Set forth in the notice provided for in subsection
(d) hereof, a description of the building or
structure deemed unsafe, a statement of the
particulars which make the building or structure a
'dangerous building or structure,' and an order
requiring the same to be put in such condition as to
comply with the terms of this Article. Such order
shall state that:
(1) The owner must vacate or repair, or demolish the
building or structure in accordance with the
terms of this notice and this Article;
(2) The occupant or lessee must vacate the building
or structure or may have it repaired in
accordance with the notice and remain in
possession;
(3) The owner or other persons having an interest in
the building or structure may at his own risk
repair, vacate, or demolish the building or
structure, or have such work or act done,
provided that any person notified under this
Subsection to repair, vacate or demolish any
building or structure shall be given such
reasonable time, not exceeding sixty (60) days,
prior to a public hearing, as may be necessary
to do or have done the work or act required by
the notice provided for herein.
(f) Report to the City Council, in its capacity as
building commission, any non - compliance with the
'notice' provided for in Subsections (d) and (e)
hereof.
(g) Appear at all hearings conducted by the City Council,
in its capacity as building commission, and testify
as to the conditions of 'dangerous building.'
(h) Place a note on all 'dangerous buildings' upon a
determination by the City Council that the structure
is hazardous, reading as follows:
'This building has been found to be a dangerous
building by the City of Wichita Falls Building and
Code Administrator or his designee. This notice is
to remain on the building until it is repaired,
vacated, or demolished in accordance with the notice
which has been given the owner. It is unlawful to
remove this notice until such notice is complied
with.'"
SECTION 3. That Section 7 -29 of the Code of Ordinances be
amended so that such section shall read as follows:
"Sec. 7 -29. Duties of City Council acting in its capacity
as building commission.
(a) Upon receipt of a report of the Building and Code
Administrator or his designee as provided for in
Section 7 -28(f) hereof, notice shall be given as
required by Section 7 -28(d) to the owners and all
other persons having an interest in the building to
appear before the commission on a date specified in
the notice to show cause why the building or
structure reported to be a 'dangerous building or
structure' should not be repaired, vacated or
demolished in accordance with the statement of
particulars set forth in the Building and Code
Administrator's (or his designee) notice provided for
herein in Section 7- 28(e).
(b) The City Council shall hold a hearing and hear such
testimony as the Building Code Administrator or his
designee and the owner or any other person having an
interest in the building shall offer relative to the
determination of the question or whether the building
or structure in question is a dangerous building.
(c) The City Council may make written findings of fact
from the testimony offered, pursuant to Subsection
(b), as to whether or not the building in question is
a 'dangerous building' within the terms of Section
7 -25 hereof.
(d) In conducting a hearing authorized under this
Section, the City Council shall require the owner,
lienholder, or mortgagee of the building to within
thirty (30) days:
(1) secure the building from unauthorized entry; or,
(2) 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) days.
(e) If the City Council, acting as building commission,
allows the owner, lienholder, or mortgagee more than
thirty (30) days to repair, remove, or demolish the
building, the City Council shall establish 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, as determined by the hearing
official.
(f) The City Council, acting as building commission, may
not allow the owner, lienholder, or mortgagee more
than ninety (90) 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:
(1) submits a detailed plan and time schedule for
the work at the hearing; and,
(2) establishes at the hearing that the work cannot
reasonably be completed within ninety (90) days
because of the scope and complexity of the work.
(g) If the City Council, acting as building commission,
allows the owner, lienholder or mortgagee more than
ninety (90) days to complete any part of the work
required to repair, remove, or demolish the building,
the City Council shall require the owner, lienholder,
or mortgagee to regularly submit progress reports to
the Code Enforcement Division to demonstrate that the
owner, lienholder, or mortgagee has complied with the
time schedules established for commencement and
performance of the work. The order may also require
that the owner, lienholder, or mortgagee appear
before the City Council to demonstrate compliance
with the time schedules.
(h) In a public hearing to determine whether a building
complies with the standards set out in an ordinance
adopted under this Section, the owner, lienholder, or
mortgagee has the burden of proof to demonstrate the
scope of any work that may be required to comply with
the ordinance and the time it will take to reasonably
perform the work.
(i) Upon a determination that the building or structure
in question does constitute a 'dangerous building or
structure' within the meaning of Section 7 -25 hereof,
the City Council shall issue an order based upon
findings of facts made pursuant to Subsection (c)
commanding the owner or any other person having an
interest in the building to repair, vacate or
demolish any building found to be a 'dangerous
building' within the terms of this Article.
(j) If at the expiration of thirty (30) days from the
determination that the building or structure is a
'dangerous building,' and the same has not been
repaired, vacated or demolished, it shall be
demolished or removed at the expense of the City by
the City or its contractor, and the expenses shall be
assessed on the land on which the building stood or
to which it was attached. The materials of such
building shall be sold and the net cost of the
demolition or removal shall be charged to the owner
of the property; and, if any balance remains, it
shall be held for the owner or any other parties
entitled thereto. If the cost of the demolition or
removal exceeds the value of the materials of such
building, such excess shall be assessed against the
land and shall be a personal liability and charged
against the owner thereof. Such expenses shall be
recovered by the City by the means available under
the law, but may not include forced sale of the land
by the City."
SECTION 4. That Section 7 -31 of the Code of Ordinances be
amended so that such section shall read as follows:
"Sec. 7 -31. Penalties for violations.
(a) The owner of any dangerous structure or building who
shall fail to comply with any notice or order to
repair, vacate or demolish said building or structure
such notice or order giving by the authority of the
building commission shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not
exceeding Two Thousand ($2,000.00) Dollars for each
offense, and each day the violation continues shall
constitute a new offense.
(b) The occupant or lessee in possession of any
'dangerous building or structure' who fails to comply
with any notice or order to vacate such building or
structure and fails to repair such building or
structure, given by authority of the building
commission, shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not exceeding
Two Thousand ($2,000.00) Dollars for each offense,
and each day the violation continues shall constitute
a new offense.
(c) Any person removing the notice provided for in
Section 7 -28(g) hereof shall be guilty of a
misdemeanor, and upon conviction shall be fined not
exceeding Two Thousand ($2,000.00) Dollars for each
offense."
SECTION 5. It is the intention of the City Council of the
City of Wichita Falls, Texas, that the provisions of this
ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this
ordinance may be renumbered or relettered to accomplish such
intention.
SECTION 6. Should any section, paragraph, sentence,
clause, phrase or word of this ordinance be declared
unconstitutional or invalid for any purpose, the remainder of
this ordinance shall not be affected thereby.
SECTION 7. It is officially found and determined that the
meeting at which this ordinance was passed was open to the
public as required by law.
PASSED AND APPROVED this
ATTEST:
(A I . a ) � Uhl,�2
City Clerk
M A Y O R
ORDINANCE NO. 67 -95
ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS AP -'
PROPRIATING $30,000 IN
FUNDING RECEIVED FROM
THE TEXAS DEPARTMENT
OF PUBLIC SAFETY FOR THE
EMERGENCY MANAGE-
MENT ASSISTANCE PRO • rr@)
GRAM; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED I
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW
ORDINANCE NO. 68-95
ORDINANCE REZONING
LOTS 10, 11, 12, & 13, BLOCK 21,
HILLCREST ADDITION FROM
RESIDENTIAL MIXED USE
TO GENERAL COMMERCIAL
(CASE R 95 -12); FINDING AND
DETERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS PASSED
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
On this
17th
day of
Ad #629721
Jul
1995
A.D............. personally appeared before me, the undersigned authority
Mary E. Newell bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW advertisement is a true and correC copy of advertising published
ORDINANCE NO. 69-95 r l
ORDINANCE AMENDING AP- - in one \ 1 / issues thereof on the following dates:
DE OF
PENDIX A OF THE CO
ORDINANCES BY ESTAB -I
LISHING A CONDITIONED
ZONING R FIND- 1
DETERMINING
IING AND 111
THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED j
BY LAW
ORDINANCE NO. 70-95 ,►��t
iORDINANCE REZONING 2022
rl�'` _ MAURINE STREET, -LOT a, r
.fS BLOCK F, RAY MASSIE SUB -
„j DIVISION FROM MULTI-
RESIDENTIAL TO
GENERAL COMMERCIAL 1
7. (CASE R95-10); FINDING AND 1 - 1
1
DETERMINING THAT AT THE 161.%%
MEETING AT WHICH THIS
ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC
' AS REQUIRED BY LAW
ORDINANCE NO, 71 -95
ORDINANCE REZONING
LOTS 1 & 2, BLOCK 1, GREEN -
TREE SUBDIVISION (5600
AND 5620 BURKBURNETT
ROAD) FROM SINGLE FAM-
ILY TO GENERAL COM-
MERCIAL (R 95 -11); FINDING
AND DETERMINING THAT
THE MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY
LAW
ORDINANCE NO. 72 -95
ORDINANCE WAIVING SEC-
TION 27 -29 OF THE CODE OR
ORDINANCES WITH RE -,
SPECT TO PLACING A SIDE.
WALK ON THE NORTH SIDE
OF RATHGEBER ROAD ADJA-
CENT TO THE SOUTH LINE
OF BLOCK 1, LOT 1, CREST-
VIEW ADDITION AND THE
SOUTHEAST SIDE OF STATE
HWY. 79 ADJACENT TO THE
NORTHWEST LINE OF BLOCK
1, LOT 1, CRESTVIEW AD-
DITION
ORDINANCE NO. 73-95
ORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE NORTH
SIDE OF RATHGEBER ROAD,
_ADJACENT TO THE .SOUTH
.I
LINE OF BLOCK 1, LOT 1,
CRESTVIEW ADDITION AND
THE SOUTHEAST SIDE OF
STATE HWY. 79 ADJACENT TO
I THE NORTHWEST LINE OF
BLOCK 1, LOT 1, CRESTVIEW
ADDITION
ORDINANCE NO.74.95
ORDINANCE OF THE CITY
COUNCIL OF THE C
WICHITA' FALLS, TEXAS
IUAPTER 7,
July 17, 1995
i C
C
Bookkeeper for T' es Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
ORDINANCE NO.74 -95
ORDINANCE OF THE CITY `
COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS,
AMENDING CHAPTER 7,
ARTICLE III CONCERNING
DANGEROUS BUILDINGS OR
STRUCTURES AT SECTIONS
7 -25; 7 -28; 7 -29; AND 7 -31 OF
THE CODE OF ORDINANCES;
PROVIDING FOR INCLUSION
IN THE CODE OF ORDI-
NANCES; PROVIDING A RE-
PEALER CLAUSE; AND FIND-
ING AND DETERMINING
THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS DISCUSSED WAS OPEN
TO THE PUBLIC AS RE-
QUIRED BY LAW