Ord 2388 2/12/1968 •
ORDINANCE NO. c4 a
AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR
OR DEMOLITION OF ANY BUILDINGS OR STRUCTURES WHICH IS OR
THREATENS TO BECOME A PUBLIC NUISANCE, OR WHICH CONSTI-
TUTES A FIRE HAZARD OR OTHERWISE DANGEROUS TO HUMAN LIFE OR
WHICH IN RELATION TO EXISTING USE CONSTITUTES A HAZARD TO
HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE
OF THE CITY OF WICHITA FALLS, AND PROVIDING FOR ENFORCE-
MENT, INSPECTION, DEFINING WHAT IS DANGEROUS, DECLARING
A PUBLIC NUISANCE, SETING UP STANDARDS, PRESCRIBING
DUTIES OF BUILDING COMMISSION, BUILDING INSPECTOR AND
FIRE MARSHAL, PROVIDING FOR ABATEMENT OF BUILDINGS OR
STRUCTURES CONSTITUTING A MENACE TO PUBLIC SAFETY AND
FOR THE ASSESSMENT OF THE COST OF VACATION, REMOVAL, REPAIR
OR DEMOLITION AS A MUNICIPAL LIEN AGAINST THE PREMISES,
PROVIDING FOR ADMINISTRATIVE APPEAL, PROVIDING A FINE
FOR VIOLATION, PROVIDING A SAVINGS CLAUSE AND DECLARING
AN EMERGENCY.
WHEREAS, in the City of Wichita Falls, Texas, there exists or may
in the future exist, buildings or structures which are dilapidated, unsafe,
dangerous, unsanitary or which constitute a fire hazard or otherwise
dangerous to human life or which in relation to existing use constitutes
a hazard to health, morals, safety or general welfare of the people of the
City of Wichita Falls and which are a public nuisance thereby creating a
situation that must be remedied.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION I. DANGEROUS BUILDINGS OR STRUCTURES.
All buildings or structures of any nature that are found to be
dangerous structures or buildings or dilapidated buildings or structures,
' injure,
buildings or structures calculated to increase the fire h azard, that in� ,
hurt or harm individuals or that may hurt or annoy the lands, tenements,
hereditaments of 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
percent (33%) or more of damage or deterioration of the supporting member
or members or fifty percent (50%) 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 pro-
truding 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 II. STANDARDS FOR REPAIR, VACATION OR DEMOLITION.
The following standards shall be followed in substance by the
Building Inspector, Fire Marshal and the Board of Aldermen, acting in
its capacity as Building Commission under the terms of this ordinance,
in ordering repair, vacation or demolition:
(a) If the "dangerous building or structure" can reasonably
be repaired so that it will no longer exist in violation of this
ordinance, it shall be ordered repaired.
(b) If the "dangerous building or structure is in such a
condition as to make it dangerous to the health, safety, morals or
general welfare of its occupants, it shall be ordered to be vacated.
(c) In any case where a "dangerous building or structure" is
fifty percent (50%) or more damaged, decayed or deteriorated from its
original value or structure, it shall be demolished and in all cases
where a building or structure cannot be repaired so that it will no
longer exist in violation of the terms of this ordinance, it shall be
demolished. In all cases where a "dangerous building or structure" is
a fire hazard existing or erected in violation of the terms of this
ordinance or any ordinance of the City or Statutes of the State of
Texas, it shall be demolished. Included in the term demolished in
this ordinance is the cleaning of the property and removing all debris
and trash.
SECTION III. DANGEROUS BUILDINGS
All "dangerous buildings and structures" within the terms of
Section I of this Ordinance are hereby declared to be public nuisances
and shall be repaired, vacated or demolished as hereinbefore and
hereinafter provided.
SECTION IV. DUTIES OF THE BUILDING INSPECTOR AND FIRE MARSHAL.
(a) Inspect or cause to be inspected, when necessary, all
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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 term of Section I of this Ordinance.
(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 Ordinance.
(c) Notify in writing, by certified mail, the owner and all
other persons having an interest in said building as shown by the
City's Tax Roll, or any building found by them to be a "dangerous
building or structure" within the standards set forth in Section I
of this Ordinance, stating that (1) the owner must vacate or repair,
or demolish said building or structure in accordance with the terms
of this notice and this ordinance; (2) the occupant or lessee must
vacate said 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 said building or structure, may at his own risk,
repair, vacate, or demolish said building or structure or have such
work or act done, provided that any person notified under this sub-
section to repair, vacate or demolish any building or structure shall
be given such reasonable time, not exceeding 60 days as may be necessary
to do or have done, the work or act required by the notice provided for
herein.
(d) Setforth in the notice provided for in Subsection (c)
hereof, a description of the building or structure deemed unsafe,
a statement of the particulars which make the building or structure a
"dangerous building" and an order requiring the same to be put in
such condition as to comply with the terms of this Ordinance within
such length of time not exceeding sixty (60) days as is reasonable.
(e) Report to the Board of Aldermen in its capacity as
Building Commission any non-compliance with the "notice" provided for
in Subsection (c) and (d) hereof.
(f) Appear at all hearings conducted by the Board of Aldermen
in its capacity as Building Commission and testify as to the conditions
of "dangerous buildings".
(g) Place a notice on all "dangerous buildings" upon a
judicial determination, reading as follows:
"This building has been found to be a dangerous
building by the City of Wichita Falls Building
Inspector and Fire Marshal. This notice is to
remain on this building until it is repaired,
vacated or demolished in accordance with the
notice which has been given the owner as shown
by the Tax Records in the City Tax Office. It
is unlawful to remove this notice until such
notice is complied with."
SECTION V. DUTIES OF THE BOARD OF ALDERMEN ACTING IN ITS
CAPACITY AS BUILDING COMMISSION.
(a) Upon receipt of a report of the Building Inspector and
Fire Marshal as provided for in Section IV, Subsection (e) hereof,
written notice by certified mail is to be given to the owner, as
shown by the Tax Records of the City of Wichita Falls, to appear
before said Commission on a date specified in the notice to show
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cause why the building or structure reported to be a "dangerous
building" should not be repaired, vacated or demolished in accordance
with the statement of particulars set forth in the Building Inspector' s
and Fire Marshal' s notice provided for herein Section IV, Subsection
(d) .
(b) Hold a hearing and hear such testimony as the Building
Inspector and Fire Marshal and the owner, or any other person having
an interest in said building as shown by the Tax Records of the City
of Wichita Falls, shall offer relative to the determination of the
question of whether the building or structure in question is a
dangerous building.
(c) Make written finding 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 I
hereof. -
(d) Upon a determination that the building or structure in
question does constitute a "dangerous building" within the meaning
of Section I hereof, to issue an order based upon findings of facts
made pursuant to subsection (c) commanding the owner or any other
person having an interest in said building as shown by the Tax Records
of the City of Wichita Falls to repair, vacate or demolish any building
found to be a "dangerous building" within the terms of this ordinance.
(e) In the event the owner fails to comply with the order
provided for in subsection (d) hereof within thirty (30) days, the
Building Commission shall report the fact of non-compliance to the
Office of the City Attorney; it shall be the duty of the City
Attorney to file an appropriate action for injunction in the District
Court of Wichita County to compel said owner to abide by the Commission' s
order to take whatever legal action the City Attorney deems expedient
to enforce the order.
(f) If at the expiration of thirty (30) days from a final
judicial determination that a building or structure is to be demolished
and same has not been destroyed, it shall be demolished at the expense
of the owner thereof by the City or its contractor. The materials of
such building shall be sold and the net cost of the demolition shall
be charged to the owner, and, if any balance remains, it shall be held
for the owner or any other parties entitled thereto. If the cost of
the demolition exceeds the value of the materials of such building,
such excess shall be charged as a lien upon the real property on which
the building is situated.
(g) It shall be the duty of the Office of the City Attorney
to file suit in a court of competent jurisdiction in Wichita County
to satisfy the lien acquired pursuant to Section V, subsection (f)
hereof which may be accomplished in the original suit.
SECTION VI. ABATEMENT OF BUILDINGS OR STRUCTURES CONSTITUTING
A CLEAR AND PRESENT MENACE TO THE PUBLIC SAFETY.
Notwithstanding all other provisions of this ordinance, nothing
herein shall be deemed a limitation on the duty of the City of Wichita
Falls to summarily order the demolition of any building or structure
where it is apparent that the immediate demolition of such building
or structure is necessary to the preservation of life and property
in the City of Wichita Falls.
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SECTION VII. 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 given by the authority
of the Building Commission shall be guilty of a misdemeanor and upon
conviction thereof shall be fined not exceeding TWO HUNDRED DOLLARS
($200.00) 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 HUNDRED DOLLARS ($200.00) for each offense and each
day the violation continues shall constitute a new offense.
(c) Any person removing the notice provided for in Section
IV, subsection (g) hereof shall be guilty of a misdemeanor and upon
conviction shall be fined not exceeding TWO HUNDRED DOLLARS ($200.00)
for each offense.
SECTION VIII. WHERE OWNER ABSENT FROM CITY.
In cases, save those that constitute a clear and present danger
as defined in Section VI, where the owner is absent from the City, all
notices or orders provided for herein shall be sent by certified mail
to the owner and all other persons having an interest in said building,
as shown by the Tax Records of the City of Wichita Falls, Texas, to
the last known address of each and a copy of such notice shall be
posted in a conspicuous place on the building or structure in question.
Such mailing and posting shall be deemed sufficient notice for the
Building Commission to hold its hearing.
SECTION IX. SAVINGS CLAUSE.
It is hereby declared to be the intention of the Board of
Aldermen of the City of Wichita Falls, 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, such constitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this ordinance.
SECTION X. EMERGENCY.
The fact that the present ordinances and regulations of the
City of Wichita Falls are inadequate to properly control "dangerous
buildings or structures" in the City of Wichita Falls creates an
emergency for the immediate preservation of the public business
place, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective from and
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after the date of its passage and it is accordingly so ordained.
SECTION XI. Sections 7-25 through 7-28 of the Code of Ordinances
of the City of Wichita Falls are hereby repealed.
SECTION XII. The provisions of this ordinance shall be included
and incorporated in the Code of Ordinances of the City of Wichita
Falls as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
PASSED AND APPROVED by the Board of Aldermen of the City of Wichita
Falls, Texas, this /„2` day of
A.D. 1968
MAYOR
ATTEST:
/
i�
/if/ ANY d
City Clerk
APPROVED AS TO FORM:
City Attorney
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.%fl Gam e
Affidavit - of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On th.is . First day of March
A.D. . 1968. personally appeared before me, the undersigned authority
Katherine Parrish , bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the
Wichita Falls 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,advertisement is a true and correct copy of advertising
published
One 1 issues thereof on the following
dates:
February 27 1968 •
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
.
1 ORDINANCE:NO 238U: u,, ;,y °' •,,sting syr°ll
-AN ORDINANCE PROVIDING FOR THE (b) Hold a hearing and hear such testi- and p°the Build,
VACATiO 2EMOVA$ ��.EPAHR 'OAR mony as the Building Inspector and Fh*e tic!heart '
DEMOLITION (5F•AN Y+ Bd,(�I.LDINGS OR Marshal and the owner,or any other per- tots USE• ioten•1
STRUCTURES WHICH IS OR THREAT- son having an interest in said building 5 C'ye the cm.
j ENS TO BECOME A PUBLIC NUTS- as shown by the Tax Records of the City I t0 en°t he
re-1
1 ANCE OR WHICH CONSTITUTES A of Wichita Falls, shall offer relative to We"sectloos, ses 1
FIRE HAZARD OR OTHERWISE DAN- the determination of the question of t t"e and d it
GEROUS TO HUMAN LIFE OR WHICH whether the building or structure in ques• L01t IN RELATION TO EXISTING USE CON- Non Is a dangerous building. 5- ° p�STITUTES A HAZARD TO HEALTH, (c) Make written finding of fact from t • beMORALS, SAFETY OR GENERAL WEL- the testimony ffered, pursuant to subset• in°• cOFRWICHITA PEOPLE
ANDFPROVIDING ing Inb)queston�isihar'dangerous build- la es sen• ocae. -
I'F O R ENFORCEMENT, INSPECTION, ing"whin the terms of Section I hereof. ses,cl°us is ordMaM S
DEFINING WHAT IS DANGEROUS, DE- ing or structure In uestion doeseconsY- I iR ordtn°oceS 5
GLARING A PUBLIC NUISANCE, SET-
TING"UP STANDARDS, PROSCRIBING tute a "dangerous .building" within the I ores t 1Nlchlta „dan. •
M
DUTJ.ES OF BUILDING COMMISSION, meaning of Section I hereof, to issue an City of contrpl CWI
.BUILDING INFECTOR AND FIRE order based upon findings of facts made
MARSHAL, PROVIDING FOR ABATE- pursuant to subsection (c) commanding tidte orpstru!.on etner oh.
MENI�,T OF BUILDINGS OR ST:RUC- the owner or any other person having an s crePsEeervatarlotyn heubllc prois TUIYES'CONSTITUTING A MENACE TO interest in said building as shown by the PUUBLIC SAFETY AND FOR THE AS- Tax Records of the City of Wichita Falls piaceeltacee of once sdall Itte TON, REMOVAL,HREIPAIR OR DEMO- ing rfound to be ar"d demolish gerousabuildng" °that ed atterdl gIV
LITjON AS A M U N I C I P A L LIEN within the terms of this ordinance. ve trorn Is scCOr
!AGAINST THE PREMISES, PROVIDING (e) In the event the owner fails to corn- a and It ro00" f.2o
FOR AD,IAINISTRATIV•E APPEAL, PRO- ply with the order provided for In sub- 7-25 th City
1 VIDING A FINE FOR VIOLATON, PRO- section (d) hereof within thirty (30) days, Sections ces°toe led, or-
VIDING A SAVINGS CLAUSE AND DE- the Building Commission shall report the i. of Ord eby rel, of this t-
I1 WHEREAS, heECity EofCWichita Falls, the C of ity non-compliance o ; itshalltbe Office Ill s ere t',dedi5pet to—.ore d ti•
[ture:,,exist, buildings or structures rhwhich ate action for injunction 1 in the D strict d N eeof Orly ddl"O"°rte ons e Y 1
art`dilapidated, unsafe, dangerous, un- Court of Wichita County to compel said 61 C pails as wall Ue ° unitorrn
9
sanitary or which constitute a fire hazard owner to abide by the Commission's or- to, and pall "'rode. Boerd 1
or otherwise dangerous to human life or der to take whatever legal action the City to cOOt the the
which in relation to existing use con- Attorney deems expedient to enforce the � systefn RONEO,vjlchita F A'p.
ytutesga hazard to health, morals, safe- order. expiration of thirty (30) days Pt AND f CM febAYdrR PLT
f or general welfare of the people of (f) If at the a
the City of Wichita Falls and which are from a final judicial determination that ya 6L en 12th d°yoier, s,CItY Cter
a publicc nuisance thereby creating a building or structure is to be demolished "R. C• °nThor"
situation that must be remedied. and same has not been destroyed, it N Ilona '..'
NOW, THEREFORE, BE IT ORDAINED shall be demolished at the expense of
BY THE BOARD OF ALDERMEN OF the owner thereof by the City or its con-
THE CITY OF W I C H I T A FALLS, tractor. The materials of such building !
TEXAS: shall be sold and the net cost of the
SECTION I. DANGEROUS BUILDINGS demolition shall be charged to the owner,
OR STRUCTURES. and, if any balance remains, it shall be 1
All buildings or structures of any nature held for the owner or any other parties -
that are found to be dangerous structures entitled thereto. If the cost of the demo-r `r
i or buildings or dilapidated buildings or lition exceeds the value of the materials i � y l�1 a
structures, buildings or structures calcu- of such building, such excess shall bed r
IIated to increase the fire hazard, that charged as a lien upon the real property,
injure, hurt or harm individuals or that on which the building is situated,
may hurt or annoy the lands, tenements, (g) It shall be the duty of the Office of,
hereditements of another or which en- the City Attorney,to file suit in a court I,
Ganger life or health or violate laws of of competent jurisdiction in Wichita Coun-'1
decency or obstruct the reasonable and ty to satisfy the lien acquired pursuant
ccmfortable use of property or are sub-Ito t Section V, subsection If) hereof which ii
I versive of public order, decency or mor- may be accomplished in the original suit.
I als and which have any one or all of SECTION VI. ABATEMENT OF BUILD-
the following defects, shall be deemed ING OR STRUCTURES CONSTITUTING,
"dangerous buildings or structures." A CLEAR AND PRESENT MENACE TO ® I
(a) Those which, exclusive of the founda- THE PUBLIC SAFETY. j.
lion, show thirty three per cent (33 per Notwithstanding all other provisions of
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