Ord 28-2016 8/16/2016
Ordinance No. _28-2016__
Ordinance amending the Code of Ordinances at Chapter 22,
Buildings and Building Regulations, by the addition of Article XIII,
Residential Water Code; providing for repeal of ordinances or parts
of ordinances in conflict herewith; providing for inclusion in the
Code; providing for severability
WHEREAS, the City’s Code of Ordinances currently does not provide for all
occupied dwellings to be connected to an approved water supply system and maintain a
source of running potable water in residences; and,
WHEREAS, it is the desire of the City Council to provide such language in the
Code of Ordinances making it a violation of the Code to allow an occupied dwelling to
be disconnected from an approved water supply.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 22, Buildings and Building Regulations, of the Wichita Falls Code
of Ordinances is hereby amended by the addition of Article XIII, Residential Water
Code, so that such Article shall hereafter read as follows:
“ARTICLE XIII. – RESIDENTIAL WATER CODE
Sec. 22-712. – Definitions.
Approved. Acceptable to the code official.
Dwelling Unit. A single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
Occupant. Any individual living or sleeping in a dwelling unit, or having
possession of a space within a dwelling unit, including a tenant.
Owner. Any person, agent, firm, or corporation having legal or equitable interest
in the property; or recorded in the official records of the state, county, or municipality as
holding title to the property; or otherwise having control of the property, including
guardian of the estate of any such person, and the executor or administrator of the
estate of such person if ordered to take possession of real property by a court.
Tenant. A person, corporation, partnership, or group, whether or not the legal
owner, occupying a dwelling unit or portion thereof.
Sec. 22-713. – Running Potable Water.
(a) The water supply system of a dwelling unit shall be installed and
maintained to provide a supply of hot and cold water to plumbing fixtures, devices and
appurtenances in sufficient volume and at pressures adequate to enable the fixtures to
function properly, safely, and free from defects and leaks.
(b) Owner and occupant shall each be responsible for the dwelling unit being
connected to an approved water system.
(c) It is prima facie evidence that a person is an occupant of a dwelling unit if
they are found to be in possession of the premises or are using the structure for
purposes of shelter. A person is using the dwelling unit for the purpose of obtaining
shelter if there is evidence the person has stayed inside the premises overnight.
(d) It is prima facie evidence that a person is a tenant of a dwelling unit if they
have entered into a lease with the owner of the property in which the dwelling unit is
located, and that lease is still in effect.
Sec. 22-714. – Penalty for Violation
(a) Any person who violates this article shall, upon conviction of such
violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided
in section 1-14.
Secs. 22-715-22-730 reserved.”
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. 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.
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.
PASSED AND APPROVED this the 16th day of August, 2016.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk