Ord 007-2005 2/15/2005ORDINANCENO_ — ��
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 buillchng(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 tie
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 farm 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 15 day of February, 2005 at 8:30 A . 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 mal 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
SECTION 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.
SECTION 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 Divisions
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 Cole Administration Division's notice within thirty (30) days from the date of this
ordinance.
LIST OF STRUCTURES TO BE REPAIRED
NONE
SECTION 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 Cole
Administration Division's notice. The property owners listed or any other person hest up
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 STRUCTURES TO BE DEMOLISHED
START TAP NUMB ONE
GATE OF ADDRESS OWNER - LETTER TO OWNER
& LEGAL DESCRIPTION WATER DISCONNECT
BACK TAXES
i.
203 Fa rris Inez B - Writt - 01/
(Main) %Manuel B. B essette Wate Disc - 0811 E 989
Lot 1 Blk lo 90rig inal TO w_n, WF ]462 Dain edieltl Taxes - $ 28.80 f 1f183
Dallas, Texas 752
_Mc - Samuel Woodar Written - 1012012
[ DATE OF ADDRESS OWNER - L OYJNR
8 LEGAL DESCRIPTION WATER DISCONNECT
BACK TAXES
(Mai an rear str uctures 1313 1 S T ' St reet Water Di - 02/2 4/2003
Lot 1 Pik 8 Reilly Wichita Fa lls, Texas 76301 Tax
3 _ -
1904 E Fo Wo rth Ma�V Rathge � Wn tten 09/24/20
Mai un
Addres Water Di 11/12 2001
Lot 56 B 1 Cov ta -
_
�64] Hawes - Ramero Campos Written 03/09/2(I�
_ /o Davi Falnes
(Main and R ear) P. O. Box 434 - W ater Disc 01/1
Lot 4 BI l l Su Heig lowaP TX ]6367 T axe s $1 4 9fi.62 �
1406 Austin Federal Home Loan Modgage Written 06/25/2004
C ore
Main antl Re ar) /Wells Fargo B ank Water Di sc 1IW I2003
Lot 4 BIk 220 Original Town 3 Ala Bltlg 1 Taxes $0
W Irvine CA 9 261 8
6. _ T T
2 319 Ver non Cruz G Salazar Writte 10/ 18/2[04
Main and 3 rear str uctures % Rachel S ilva Ozuna Water Disc 3 /162002
Lot 1 8 Pt Closed Adj St BIk B 719 Powell Taxes $1 2]4.29
Mundell Wichita Falls Texas 76306
].
180110 Street - Barnes Maintenance Servces, Written 1 09/0]/2[04
Inc.
Main a Rea Structure 1401 La _ Water Dis 02/1 Edi991
Lots 1 8 2 BIk 5 Kemp SID I Wichita Falls 301 Ta
TX 7 $
131 Ha s on_ - Lola M Youn Wri 07 21/20 0
(Main(
Water O c 10114/
535 Ft Lot 4 BIk 2 Skinner Address unknown Taxes- $6,55].12
9.
V1 John W Dessert Written- 11/29 /2004
(Main) - Water Disc-12 /T1 /2000
&LEGAL ADDRESS (OWNER LETTER TOOWNI?
8 LEGAL DESCRIPTION WATER DISCONNECT
RACK TAXES
Lot 12 Blk 2 Campbell 4338 McCU[chen Taxes- $2,361.9!1
W ichita Falls, TX ]6
1
Lots 1 & 14 Bilk 16 Floral Its 2001 Harre� Tz $44]
200] Ha et Robert C L on
2DO4
West Side W ichita Falls, TX ]630
11.
Mai Yor _ Willia M Jo ri[l 12/ 0121)03
Main %M na LAbila Wa[er D SC 1 012 3/2 0 0 3
W60 Ft 015125 Ft Lot 6 elk 11 1409 Hayes Taxes S3 759 51
Westmoreland Park Wichita Falls. TX 76308
1 1 T
24 Ellin gham_ Jared T Cabe lka Etal _ Writte 0712 1/2004
(Main Water D OSI13 120D3
Lot 5 BIk 34 Country Club �32 Nortn a it 46 Taxes $30 0 1
159
Esta Lawron OK 7 3501
F ' 1!33 '3 t 1; 1 32 5 rt e et Ila T hiel - Wri 0 412 V2004 yyater DS 6 BIk 8 Hillcrest Atldress Unknown Taxes $0
14LAd Russel 8 Ta mm Rus sell Written 12(0] !2(in Water 06/13 Taxes $]O6 74
iton Wichita Falls T ]630
15.
1233 S tree[ Pa ul M kS Cheuller Written 112
W1 2(104
(M Wate Disc —6I25I200a
t 1] BIk 18 Hillcrest 1233 35 Taxes $0
Wichita Falls, TX 763 02
16 �
5116 Ditto T homa s Ray Lathamritt 1 0/18/X04
Main and Garage)
Water D isc 08272603
TR 43 X 200 Ft or Ft or 37 A 25 Chi — _
_ ppe Trl Taxes - $1,74
DATE OF ADDRESS OWNER LETTER TO OWNERI
8 LEGAL DESCRIPTION WATER DISCONNECT
BACK TAXES
rCherok Co SI Bill 3 Will T %76310
SECTION 4. If within thirty (30) days from the date of this ordinance, any such
building listed in Section 3 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 15 day of February, 2005.
MAVO Reao xaN
ATTEST:
City Clerk
"EXHIHI'I A"
HAZARDOUS STRECFERFS
City Council Mating February I5, 2005
Item 2. Property: 104 McLaughlin
Owner'. Mrs. Juanita Woodard 131315" Street, requested an extension in order to repair the
structure. She has the structure secured and has been working to clean it This property burned in 2001
and there is fire damage.
Mrs . Woodard was authorized a total of sixty SO) days extension, under the Restoration Permit
thirty (30) days to obtain a building permit and thirty (30) days to show substantial progress after the
Initial thirty tlays.
Item 5. Property: 1406 Austin
Owner: Federal Home Loan Mortgage Corporation. Councilor Ammons stated that the address
goes to Option One Mortgage so the notice has been sent to the wrong person. She mentioned plat
Option One Mortgage Is a third party company that handles Wells Fargo 's foreclosure but it is not the
Federal Home Loan Mortgage Corporation.
Or David Clark suggested proceeding with the demolition. City Attorney agreed that Council
follow Mr. Clarks suggestion with the proviso that if it Is determined that Option One Mortgage was a
proper parry and was not properly served that we withhold demolition and bring it back. If City Council
leaves this property on the list, let us proceed to make sure we are satisfied we gave proper notice to the
proper party and if we did proceed on If not, we would be allowed to hold it and bring it back at a later
time
Item 6. Property: 2319 Vernon
Owner_ Cruz G. Salazar
Reymundo Ramirez. 587 FM 1740, informed that he had purchased this property three years ago
but it was never put in his name. The property owners family was supposed to sign a deed but to date
has not He wants to rehab the structure and live there.
Or Ramirez was allowed thirty days to obtain ownership and sixty days to show substantial
Improvement. for a total of ninety days under the Restoration Permit.
Item T. Property: HIM Tenth Street
Owner: Ray Barnes, 2422 Brentwood stated that Barnes Maintenance was the owner and that
the taxes were paid the property was secured and mowed He requested that this be taken off the
demolition list He intends to sell this property when the market Is right.
This property was removed from the demolition list.
Item 10. Property: 2007 Harriet
Owner: Hobert Q Lyon
Or Bobby Teague requested that this property be removed from the demolition list, noting that
the current ownership is being changed.
A total of 90 days was allowed 30 days to obtain title and building permit and 60 days for
substantial progress. If this time frame is not accomplished within the first 30 tlays, the City will proceed
with the demolition.
Page 2
Exhibit A
Hazardous Structures
Item 12. Property: 2411 Ellingham
Owner: Jared T. Cabelka, at al., 232 N.E. 46"' Street, Lawton, Oklahoma, informed that this property
is in ownership litigation and has been since before the fire of May 2004. He requested 60 additional
days to get this resolved He said they would pay the taxes and penalties first and then clear the till¢. He
plans to rebuild the structure.
Sixty (60) days were allowed to pay the taxes, clear the title, and obtain a building permit or the
City would proceed with demolition.
Item 15. Property: 1233 35 Street
Owner: Paul Mark Scheuller.
Thomas Scheuller, 123335" Street, spoke on behalf of Paul Mark Scheuller as his attorney. He
requested that this item be removed from the demolition list He informed that his son, Paul Mark
Scheuller, wants to renovate this structure.
Mr. Paul Scheuller was allowed a total of 90 days under the Restoration Permit Program; 30 days
from today to obtain a building permit and within 60 days from today show substantial improvement. It
was noted that he needed to show that complete restoration was Imminent.