Ord 72-2008 11/18/2008 .
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ORDINANCE NO. l0�"C��b
ORDINANCE FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS; REQUIRING 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 18 day of November, 2008 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 A
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:
SECTION 1. Said hearing is 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
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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 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 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 STRUCTURES TO BE DEMOLISHED
DATE OF ADDRESS OWNER LETTER TO OWNER
8� LEGAL DESCRIPTION WATER DISCONNECT
BACK TAXES
1.
12 Farris - Fire date Kevin Ernest Nelson Written — 04/27/2007
11 /13/2005
Lots 27 & 28, Blk X, 12 Farris Water Disc — 11/07/06
Mont ome 2
Wichita Falls, TX 76301 Taxes -$131.32 (2006-
2008
2.
8 Farris Verna Daven ort Written — 08/29/2007
' Lots 29 & 30, Blk X, % Betty Davenport Water Disc — 12/08/06
Mont omery 2
P. O. Box 1417 Taxes -$11.78 (2008)
Wichita Falls, TX 76307
3.
310 Offutt Signed Clean and Bruce W. Woods Written — 07/17/2008
Lien 08/04/2008
Lot 13, Blk 6, Reilly 1928 Breckenridge Dr. Water Disc — 07/05/89
Harve , LA 70058 Taxes - $0
4.
308 Elwood Signed Clean Yolanda Word Written — 02/04/2008
and Lien 03/19/2008
Fire date 04/08/2007
Vantrese Green
Lot 14, Blk 3, Reilly % Yolanda Word Water Disc — 06/08/07
2608 Summer Tree Cir. Apt Taxes -$105.59 (2008)
1033
Arlin ton, TX 76006
5.
804 Dallas Signed Clean and Margie Lee Payne Written — 07/17/2008
Lien 07/23/2008
Lot 16, Blk 6, Kemp 4516 Barnett Rd. A t 2079 Water Disc — 08/11/05
Wichita Falls, TX 76310 Taxes -$0
6.
618 6 Street Commercial Albert Jimenes Written — 10/26/2007
Lot 8, Blk 139, Original Town, % Albert Jimenes, Sr. Water Disc — 07/05/89
WF TIF
2934 Moffett Taxes - $174.70 (2007-
2008
Wichita Falls, TX 76308
7.
3200 Birch Baker Garrett Enter rises, Inc. Written — 11/29/2007
Lot 1, Blk C, Lavina Terrace 1101 Scott Ste 12 Water Disc — 12/23/02
Wichita Falls, TX 76301 Taxes -$9,508.80
(2004-2008)
8.
1626 Collins (main and Judith A. Hudson Written — 11/30/2006
accessory structure)
Fire date 11/23/2006
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�' Lot 8, Blk 28, Southland 1115 E. Scott Water Disc — 05/25/05
Wichita Falls, TX 76301 Taxes -$1,593.11
2006-2008
9.
302 Polk (main and Mark E. Pinson Written — 03/20/2008
accesso structure)
TR 38 .32 AC Abst. 300 - J Barbara F. Pinson Water Disc — 05/01/05
2411 Wedgewood Taxes - $4,618.77
(1989-1990, 1993,
1998, 2008)
Wichita Falls, Tx 76301
10.
4140 Burkburnett DTC LLC Written — 02/13/2008
Commercial)
Lot 1 , Blk 1, Delaney S/D Abst. % Diane Clay Water Disc — 10/20/03
344
4409 Tobago Taxes - $1,340.86
(2008)
Wichita Falls, TX 76308
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 18 day of November, 2008.
MAYOR
ATTEST:
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City Clerk
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EXHIBIT A
HAZARDOUS STRUCTURES
City Council Meeting November 18, 2008
Ordinance No. 72-2008
Item 6: 618 6 Street (Commercial)
Albert Jimenes, owner, requested additional time to rehabilitate the structure and
put in a small store. His partner Henry Perez is a contractor and they work with together
on this project. They will clean and secure the facility beginning November 24, 2008.
Council allowed Mr. Jimenes 30 days to obtain a Restoration Permit and 120
days to show substantial progress.
Item 7: 3200 Birch
Baker Garrett Enterprises, Inc., owner, submitted a letter to Council expressing
his desire to begin cleaning up the structure and property before January 1, 2009
Council allowed Mr. Garrett 30 days to obtain a Restoration Permit and 120 days
to show substantial progress.
Item 8: 1626 Collins (Main and accessorv structure)
Judith A. Hudson, owner, informed that she had put new roofs on both structures
and has hired Ricky Murchison Contractor to begin working on it next week. He will get
a permit at the end of this week or next week. She is in the process of paying the back
taxes now. .
Council allowed Mrs. Hudson 30 days to obtain a Restoration Permit and 120
days to show substantial progress.