Ord 051-2005 7/5/2005ORDINANCE NO. J r � OS
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTION 22 -27 OF THE CODE OF
ORDINANCES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR
INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Construction Board of Adjustment and Appeals has determined
that amendments to Chapter 22, Buildings and Building Regulations of the Wichita Falls
Code of Ordinances, at Section 22 -27, regarding Board of Appeals, are necessary to
advance public purposes relating to safety, quality of life, appearance, and function of
the City; and
WHEREAS, the City Council concurs with such adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The existing language of Section 22 -27 of the Code of Ordinances
is hereby amended as follows:
"Section 112. Board of Appeals
112.1 Appointment. There is hereby established a board to be called the
construction board of adjustment and appeals which shall consist of eleven regular
members and two alternate members. The applicable governing body shall appoint the
board.
112.2 Application for appeal. A person shall have the right to appeal a decision
of the building official to the construction board of adjustment and appeals. An
application for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equally good or better form of construction is proposed.
The application shall be filed on a form obtained from the building official within 20 days
after the notice was served.
112.3. Membership. The construction board of adjustment and appeals shall be
composed of one general building contractor, one mechanical engineer, one structural
engineer, one architect, one person representing the home building industry, one
plumbing contractor, one air conditioning contractor, one Electrical Contractor, one
Master Electrician, one person representing the property insurance industry and one
citizen at large not connected with the construction industry. The two alternate members
shall consist of one general building contractor and one person representing the home
building industry. A board member shall not act in any case where he has a financial
interest. Board members' terms shall expire on December 31.
112.4. Terms. Of the regular members first appointed, three shall be appointed
for terms of one year, three shall be appointed for terms of two years and three shall be
appointed for terms of three years. The two alternate members shall be appointed for
two -year terms. After the initial appointment, members to the board shall be appointed
for three -year terms. In no case shall a member serve more than six consecutive years.
Continued absence of any member from required meetings of the board shall, at the
discretion of the applicable governing body, render any such member subject to
immediate removal from office.
112.5. Quorum and voting. Five members of the board shall constitute a quorum.
In varying any provision of this code or modifying a decision of the building official,
affirmative votes of the majority present, but not less than five affirmative votes, shall be
required. In the event that regular members are unable to attend a meeting, the
alternate members shall vote.
112.6. Board acting in an advisory capacity. In addition to other duties noted
herein, the board shall act as an advisory board on matters of building code
requirements, modifications or amendments. The board may hear evidence of any
proposals from the building code administrator or other persons and may present
opinions of such proposals to the city council for further action."
SECTION 2. 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 re- lettered to accomplish such intention.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
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 5th day of July, 2005.
MAYOR
ATTEST:
ity Clerk