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Ord 017-2004 2/17/2004ORDINANCE NO. t ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND /OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND /OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Building and Code Administration Division and the City of Wichita Falls, acting under the provisions of Article VIII of Chapter 22 of the Code of Ordinances of the City of Wichita Falls, has served notice to the owners of the property listed in Section 3 of this ordinance, that the building or buildings on the premises have been classified as dangerous structures and that certain corrections were needed to be made or the building(s) demolished, and WHEREAS, the property owners and all other persons having an interest in the property have been duly served by the Building and Code Administration Division of the time and date of the Public Hearing for the property owners to appear before the City Council to show cause why such buildings or structures in Section 3 should not be demolished in accordance with the State of Particulars set forth in the Building and Code Administration Division's notice, and said Public Hearing was had and held at the time and place fixed therefore, to wit, on the 17 day of February, 2004 at 8:30 A.M. in the Council Chambers in the City of Wichita Falls, Texas, and at such Public Hearing the following protests and objections were made, to wit: PROTESTED: SEE ATTACHED EXHIBIT And said hearing was continued until all desiring to be heard were given full fair opportunity to be heard and the City Council of the City of Wichita Falls, having fully considered all property matters, is of the opinion that the said hearing should be closed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT SECTI 1 . Said hearing be and the same is hereby closed, and the said protests and objections, and any and all other protest objections, whether enumerated or not, be and the same are hereby overruled, except as identified on Exhibit A. If corrective actions are not completed within the period authorized by the City Council, acting as Building Commission, the structure will be demolished. SECTI 2. From the evidence presented in the aforementioned Public Hearing by property owners appearing and the Building and Code Administration Division of the City of Wichita Falls, the building and /or structures at the locations listed in the Section 3 with the corresponding property owners, are found to be dangerous buildings as defined in said Article VIII, and the property owners listed or any other person having an interest in said buildings as shown by title search by the City of Wichita Falls, are hereby commanded to repair or demolish the buildings and /or structures in accordance with the State of Particulars set forth in the Building and Code Administration Division's notice. The property owners listed or any other person having an interest in said buildings as shown by title search by the City of Wichita Falls are further commanded to repair or demolish in accordance with the State of Particulars set forth in the Building and Code Administration Division's notice within thirty (30) days from the date of this ordinance. LIST OF STRUCTURES TO BE REPA NO NE S ECTION 3 . From the evidence presented in the aforementioned Public Hearing by property owners appearing and the Building and Code Administration Division for the City of Wichita Falls, the buildings and /or structures at the locations listed in this section with the corresponding property owners, are found to dangerous buildings which cannot be repaired as defined in said Article VIII and the property owners listed or any other person having an interest in said buildings as shown by the title search by the City of Wichita Falls, are hereby commanded to demolish the buildings and /or structures in accordance with the State of Particulars set forth in the Building and Code Administration Division's notice. The property owners listed or any other person having an interest in said buildings as shown by title search by the City of Wichita Falls are further commanded to demolish in accordance with the State of Particulars set forth in the Building and Code Administration Division's notice within thirty (30) days from the date of this ordinance. LIST OF STRUCTURE TO BE DEMOL STA TAPE N UMBER O NE DATE OF ADDRESS & LEGAL DESCRI OWNER LIENH INITIAL LETTER AND COMMENTS 923 Cott _o_ nw_ ood _ Harold Lee _ — �ritten — 01_ 03 _ Eate Disc. — 06/2 Lot 1, Blk 1 Healy Plaza 929 N. Cottonwood Wich Falls, TX 7 Taxes — $68.30 - 2 003 2. : 82 Sim mon s Shirley L Flowers Water Disa - N_o Meter Lot 26, Blk 2, Ed Riley S/D 2 1635 Victory -- Taxes - $27 61 — Wichita Falls Texa 7630 20 839 Hick Ri card - Agudar - �e Elia Ag wla r _ - Wat Dis c. 01/2 7_/97 Lot 34, Blk 1, Lane 832 Reynolds Taxes - Paid - Wic hita F alls , TX 7 630 1 4. 510 W oods _ _ - Bon_n Lewis - Writte - 01/ W ritte n - 01/ _ _ Water Di 12/15/00 Lot 6, Blk 1, Homewood Address Unknown Taxes - $169.81 -- Heig 200 4 05 Farris C harle s B owe n W ritte n - 01/ % John n y Ric - Wat Disc - 03/06/00 _ %P auli ne Bow - - Water 1 2/04 /00 Lot 12, Blk 133, Original Town, 9603 Weybridge - -- Taxes - $183.84 WF H ouston , T X 7703 20 03 6. 505 F ort Wo rth _ Lelia M. Anderson W ntten - 01/22 % John n y Ric - Wat Disc - 03/06/00 Lot 14, Blk 14, Hillcrest 140 Arthur Rd. - Water 05/20/9 [Lot 3, Blk 15 Kemp Address Unknown - Taxes $1,356.16 _ 1 999 2 003 7. 2 012 Spe - - - E45 Ft Lot 4, Blk 1, Harnson ; John T . John _ 1810 - 7� -- - W ichit a Falls, T 7630 Writt - 0 9/16/2 6 03 08 111, Taxes- $1,992.13 2003 -- - 13 34 Stre et - - - -�. Fran - Berge Wri tten - 0 1/22/ 2003 % John n y Ric - Wat Disc - 03/06/00 Lot 14, Blk 14, Hillcrest 140 Arthur Rd. - Taxes - -$2 ,260.63 I I . M C A 9455 1998 -2 705 Po well _ Lore - �Wn 0 Water Disc 04/30/02 rTR 9A 50 X 137 Ft Blk 2D, Lbst. 83 P O. Box 867 Gilroy, CA 950 -- Taxes $265.75 2 003 Water Disc. — 0 . 5/29/91 1 - 1401 Lamar 10. 2620 Old Iowa Park Rd. aka Barnes Maintenance Services, Written - 04/03/2001 I nc. 1005 Ha rlan Water Disc. — 0 . 5/29/91 Lot 1-B, BIk 1, Thaten - 1401 Lamar - Taxes —Paid - L Shoppi Cntr TIF Wichita Falls, Te xas 76301 3920 Old Iowa Par Rd. Bagley Living Trust Written — 0 1/08/200 3 % Mich elle Byrd Water — 06/27/01 8.63 AC Abst. 254 2772 Hazelton Crt. _ Disc. Taxes - $577.90 Cincin OH 452 20 01 -200 12. - - -- - 6109 se mou H y y. Sherry Elliott W ritten — 02/07/2 Wate Disc. — 03/01/03 N150 Ft Lot 6A, .42 AC Replat 19803 Timber Forest Taxes - $522.01 B lk 6, Bartos S/D Humble, TX 77 346 200 -200 SEC TIO N 4. If, within thirty (30) days from the date of this ordinance, any such building listed in this Section has not been demolished, as appropriate, it shall be demolished and removed at the expense of the City by the City or its contractor, and the net cost for demolition or removal shall be charged to the owners of the property and assessed on the land on which the building stood. The fact that the demolition of dangerous buildings is being delayed pending the taking effect of this ordinance created 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 after the date of its passage and is accordingly so ordained. SECTION 5. It is hereby 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 the 17" day of February, 2004. 1 MAYOR PRO TEM ATTEST: City Clerk "EXHIBIT A" HAZARDOUS STRUCTURES City Council Meeting February 17, 2004 Item 2. 829 Simmons Lot 26, Block 2, Ed Riley Subdivision No. 2 Owner — Shirley L. Flowers, 1635 Victory, Wichita Falls, TX Mrs. Flowers requested a sixty -day extension to demolish the property. Council authorized Mrs. Flowers a sixty -day extension, otherwise the City would demolish. Item 3. 839 Hickory Lot 34, Block 1, Lane Subdivision Owner — Ricardo L. and Elia Aguilar, 832 Reynolds, Wichita Falls, TX City Staff informed Council that this property is currently in compliance and recommended it be removed from the demolition list. Council removed this structure from the demolition list. Item 7. 2012 Speedway E 45 Ft. Lot 4, Block 1, Harrison Owner - John T. Johnson, 1810 7 Street, Wichita Falls, TX Mr. Johnson has been in the State Hospital and requested an extension to sell and demolish this property, which had been in a structure fire. Council authorized Mr. Johnson a ninety -day extension to dispose of or demolish this property or obtain a restoration permit, otherwise City would demolish. Item 10. 2620 Old Iowa Park Road aka 1005 Harlan Lot 1 -B, Block 1, Thaten Shopping Center Owner: Barnes Maintenance Services, Inc. /Ray Barnes Mr. Barnes has secured the property numerous times and feels it is not a hazard. Council authorized Mr. Barnes 90 days to secure his property, including the foundation, and make repairs to the roof, otherwise the City would demolish. Item 12. 6109 Seymour Highway North 150 Feet Lot 6A, 42 Acre Replat Black 6, Bartosh Subdivision Owner: Sherry Elliott, 19803 Timber Forest, Humble, TX Woody Elliott, Mrs. Elliott's father, addressed this issue on her behalf. Mr. Elliott agrees that the structure needs to be demolished. He requested a thirty -day extension to dispose of the property. Council authorized Mrs. Elliott a ninety -day extension to demolish the structure and clean up the lot otherwise the City would demolish.