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Ord 35-2009 6/2/2009 a , I � . ORDINANCE NO. �J5 o��4� Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Finding Certain Buildings And/Or Structures To Be Dangerous, Requiring Property Owners To Demolish Said Buildings And/Or Structures Within 30 Days Of The Date Of This Ordinance, And Declaring An Emergency WHEREAS, the Building and Code Administration Division of 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 paragraph 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; WHEREAS, the City Council finds that 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 paragraph 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 therein on this day in the Council Chambers in the City of Wichita Falls, Texas, and at such Public Hearing protests and objections were made, and all desiring to be heard were given full and fair opportunity to be heard; WHEREAS, the City Council finds that the attached photos and other evidence presented at the hearing justify the determinations herein that the described buildings be demolished or repaired as established in this ordinance; and, WHEREAS, the City Council of the City of Wichita Falls, having fully considered all property matters, is of the opinion that the public hearing should be closed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The hearing is closed, and the 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 structures will be demolished. 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 paragraph 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 . r 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 30 days from the date of this ordinance. LIST OF STRUCTURES TO BE REPAIRED NONE 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 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 30 days from the date of this ordinance. LIST OF STRUCTURES TO BE DEMOLISHED DATE OF ADDRESS OWNER LETTER TO OWNER & LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 1. 314 Duncan (flood structure) Irwin Johnson Written — 12/30/2008 Lot 7, Blk 6, Elmwood Addition Stanley Hall Water Disc — 02/09/07 306 Elwood Taxes - $0 Wichita Falls, TX 76301 2. 421 Duncan (flood structure) Devon Riley Grant Written — 07/17/2008 60 X 100 Blk 4, Abst. 296 - J 1414 Northway PI Water Disc — 08/17/07 Saint Cloud, MN 56303 Taxes -$3,270.78 (2003 — 2008 DATE OF ADDRESS OWNER LETTER TO OWNER � LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 3. 308 Whitney Fire date Susan Oletha Wilson Woodard Written — 02/26/2009 09/16/2006 Lot 14, Blk 2, Reilly % Mike Clement Water Disc — 04/27/06 P. O. Box 661 Taxes -$0 Wichita Falls, TX 76307 4. 310 Whitney Fire date Shawn Marie Justice Written — 02/26/2009 05/12/2005 Lot 13, Blk 2, Reilly Rakim Dewayn Gene Smith Water Disc —10/27/04 1409 Gladiolus Taxes - $94.20 (2008) Wichita Falls, TX 76301 5. 1111 Smith (church) (flood Bethel Pentecostal Church Written — 04/08/2008 structure Lots 40, 41 8� 42, Blk 4, % Lee Kelly Water Disc — no meter Homewood 1111 Smith Taxes - $0 Wichita Falls, TX 76301 6. 701 MLK (commercial) (flood Universal Drilling Services of Written — 01/13/2009 structure) Texas LLC Lots 12 & 13 8� 14 Less W 5 Ft 3233 West 11 St Suite 800 Water Disc —11/01/99 Blk 159, Ori inal Town, WF Houston, TX 77008 Taxes - $311.72 (2008) 7. 111 Bonner (flood structure) Antonio Gutierrez Written — 04/08/2008 N'/: Lot 1, Blk 3, Granger Park 119 Flood Water Disc —12/26/07 Wichita Falls, TX 76301 Taxes -$76.33 (2008) ,' ; ' DATE OF ADDRESS OWNER LETTER TO OWNER � LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 8. 907 MLK (main and accessory Herbert Gill Written — 01/13/2009 structure Lot 4 W 19 Ft Lot 5 Less Row, 1503 Central Frwy Water Disc — 05/13/05 Blk 1, Stearman Wichita Falls, TX 76306 Taxes -$0 9. 409 Elm Kristi Plew Written — 12/24/2008 E 10 Ft Lot 3, W 40 Ft Lot 4, Blk Address Unknown Water Disc — 07/16/08 26, Barwise & Jalonick Mary Howell Taxes - $232.58 (2007 — 2008 2163 Avenue G Wichita Falls, TX 76309 10. 604 Juarez Erma Jean Brooks Written — 10/24/2007 Lot 14, Blk 11, Bateson 2" 1221 Saint Andrews Water meter pulled Addition 05/20/04 San Angelo, TX 76904 Taxes - 0$ 11. 805 Dallas (main and 2 Ana Margarita Leslie Written —12/24/2008 accessory structures) Fire date 12/01 /2008 Lot 3, Blk 7, Kemp P. O. Box 2648 Water Disc — 09/17/08 Keller, TX 76244 Taxes - $0 12. 207 Lakewood Fire date US Bank NA Written — 08/25/2008 06/23/2008 Lots 9 8� 10, Blk 6, Inglewood Home MTG Attn REO Dept Water Disc — 07/25/08 4801 Frederica St Taxes - $0 Owensboro, KY 42301 . ' ; ' DATE OF ADDRESS OWNER LETTER TO OWNER � LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 13. 2402 9 Street (main, garage John Arakelian Written — 02/02/2009 and accesso structure Lot 15, Blk 21, Floral Heights 4106 Meadowbrook Water Disc — 08/06/08 Wichita Falls, TX 76308 Taxes -$0 14. 230610 Street (main and Vivian Vance Written —10/08/2008 accesso structures Lot 13, Blk 13, Floral Heights 100 S Prairie Cir 24C Water Disc — 05/11/05 Electra, TX 76360 Taxes - $1,111.96 (2007 - 2008 15. 1201 Taylor Gail Lindsey Written — 10/07/2008 Lot 16, Blk 44, Floral Heights 2913 E 3600 N SPC 57 Water Disc — 09/27/08 Twin Falls, ID 83301 Taxes -$0 16. 2207 Polk (garage) H. D. Hough Written — 01/30/2009 Lot 13, Blk 101A, Highland Address Unknown Water Disc — 08/24/06 Taxes - $9,743.26 (2002- 2008 17. 2412 Buchanan (main and rear Gregory Bruce Chapa Written —11/19/2007 structure Lot 7, Blk 12A, Highland 3301 Barrett Place Water Disc — 07/20/06 Wichita Falls, TX 76308 Taxes -$0 18. 2910 10 Street Fire date John Wayne Zimmerman Written —10/24/2008 06/25/2008 Lot 11, Blk 31, Floral Heights Melodi Zimmerman Water Disc — 03/27/09 P. O. Box 4730 Taxes -$0 Wichita Falls, TX 76308 DATE OF ADDRESS OWNER LETTER TO OWNER � LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 19. 1313 32" Street (main and rear Bryan Beckel Written —11/11/2008 structure) Fire date 05/11/2008 Lot 7, Blk 8, Hillcrest Address Unknown Water Disc — 01/19/05 Taxes - $3,235.77 (2002- 2008 20. 4411 Henry S. Grace Texas Health Enterprises, Inc. Written — 03/31/2009 (commercial) Lots 12 & 0.24 ACS Lot 13, Blk 401 N. Elm Water Disc — 07/02/07 1, Loch Lomond A Denton, TX 76201 Taxes - $60,632.48 2001 Robert D. Idzi 401 N. Elm Denton, TX 76201 21. 1514 22" Street (mobile home) Mertice Stewart Written — 11/10/2008 Lot 19, Blk C, Wyatt Southside % Kenneth Stewart Water Disc — 08/31/05 P. O. Box 1442 Taxes -$103.72 (2008) Archer City, TX 76351 IPO ACCT; 1971 12 X 70 MH Kenneth Stewart Written —11/10/2008 SER #95086617 P. O. Box 1442 Water Disc — 08/31/05 Archer City, TX 76351 Taxes -$69.53 (2008) 22. 5 N. Brook (flood structure) Tammy Johnson Written — 01/13/2009 W 100 Ft Lot 4, Blk A, Scotland Address Unknown Water Disc — 02/11/06 Gardens 1 Taxes - $370.23 (2006- 2008 DATE OF ADDRESS OWNER LETTER TO OWNER � LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 23. 7 N. Brook (flood structure) Silvia Garcia Written — 01/13/2009 W 100 Ft of Lot 3, Blk A, 1214 Homestead Access Water Disc — 08/17/07 Scotland Gardens 1 Wichita Falls, TX 76305 Taxes -$123.05 (2008) 24. 9 N. Brook (flood structure) Wayne L. Larsen Written — 01/13/2009 W 100 Ft of Lot 2, Blk A, P. O. Box 1632 Water Disc — 07/21/07 Scotland Gardens 1 Wichita Falls, TX 76306 Taxes -$0 25. 1310 N. 5 Street (main and Gary Lynn Hazelton Written — 12/09/2008 accesso structure Lot 19, Blk 23, Scotland Address Unknown Water Disc — 07/18/08 Taxes - $1,179.03 (2006- 2008 26. 1508 N. 10 Street Charles D. Ward Written - 12/09/2008 Lot 20, Blk 4, Scotland 1508 N. 10 Water Disc —12/15/06 Wichita Falls, TX 76306 Taxes -$841.49 (2000- 2008) 27. 4208 Burkburnett (mobile home Ali Mirbahaeddin Written —10/17/2008 and accesso structure) 7.75 AC T Curry Abst. 344 4100 Juniper Ln Water Disc — 06/01/07 Carrollton, TX 75010 Taxes - $1,841.87 (2008) 4. If, within 30 days from the date of this ordinance, any building listed in paragraph 3 has not been demolished, as appropriate, it shall be demolished and removed at the expense of the City, by the City or the City's contractor (subject to City funding), 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. 5. These structures pose a danger of collapse and conflagration, harbor pests, spread disease, and are places of assembly for dangerous criminals; therefore, their demolition constitutes an emergency for the immediate preservation of the public business place, property, health, safety and general welfare of the public, and this ordinance shall become effective immediately from and after the date of its passage, and accordingly it is so ordained. PASSED AND APPROVED this the 2 day of June, 2009. MAYOR ATTEST: � ity C er c , . , . EXHIBIT A HAZARDOUS STRUCTURES City Council Meeting June 2, 2009 Ordinance No. 35-2009 Item 9, 409 Elm, Owner: Mary � Allen Howell Allen Howell, 2163 Avenue G, owner, said he and his wife had acquired the property a month ago and requested eight months to fix it up. Council agreed to 90 days extension. Mr. Howell said he could not complete it in one month but he can start. He has 30 days to pull a permit, 60 days to show significant progress then Staff will look at it again. Mr. Howell said he would pull a permit and begin. Item 12, 207 Lakewood, Owner:: US Bank NA Jason Winters, 111 George, Altus, Oklahoma, and Brian McLaren, 3215 Avenue Q, Wichita Falls, are working for the bank to renovate the property; and are currently waiting for documents from the State in order to obtain a permit from the City. They have a completion target date of 60 days. Council authorized 30 days to obtain a permit and 60 additional days for substantial completion. Item 17, 2412 Buchanan, Owner: Gregory Bruce Chapa Owner Gregory Bruce Chapa, 3301 Barrett Place, requested 90 days to remodel this property; he is going to turn it for investment property. Council authorized 30 days to obtain a permit and 60 additional days for substantial completion. Item 24, 9 N. Brook, Owner: Wayne L. Larsen Owner Wayne Larsen, 1311 N. 2" Street, has begun repairs to remodel and requested additional time. Council authorized 30 days to obtain a permit and 60 additional days for substantial completion.