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Ord 25-2008 5/6/2008 ORDINANCE NO. 25-2008 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 6 th day of May, 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 �. 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 & LEGAL DESCRIPTION WATER DISCONNECT BACK TAXES 1. 221 E. Wichita (main, mobile Gary Lee Miser home, accesso structure C nthia Ann Miser 5 AC Abst. 307-J. A. % David Fowler Written — 12/03/2003 1112 Corwin Water Disc — 11/01/06 Wichita Falls, TX 76306 Taxes -$3,073.64 (1998-2007) 2. 404 Lee (main, & 2 rear Isaac Gardner etux (LE) Written — 01/15/2008 accesso structures , , , , • Lot 3, Blk 130, Original Town, % Isaac Gardner etux Water Disc — 06/28/07 WF 11337 Gladstone Taxes - $0 Lake View Terrace, CA 91342 3. 506 MLK (main & accessory Robert Rives Written — 11/28/2007 structure) Signed Clean & Inez Rives Lien 07/11/2007 Lot 4 Less ROW, Blk 136, % Robert Rives Water Disc — 12/09/03 Ori inal Town, WF 1903 Ha es Taxes - $0 Wichita Falls, TX 76309 4. 1602 Hampton Fire date Gerald E. Edmond Written — 03/23/2007 12/09/2006 120' X 120' or .33 AC Blk 48, 365 Stoneport Water Disc — 02/23/07 Cherokee Co. SL Dallas, TX 75217 Taxes - $0 5. 2031 McKinney (main & Paul I. Criddle Written — 12/22/2006 accesso structure .40 TR 9, Blk 16, Cherokee Co. Address Unknown Water Disc — 06/17/01 SL Taxes - $1,569.40 2001-2007) 6. 1316 35 Street Shirle Wesbrooks Written — 01/22/2003 Lot 24 Blk 14 Hillcrest P. O. Box 3068 Water Disc — 05/06/00 Wichita Falls, TX 76301 Taxes -$699.39 (2005- 2007) 7. 1304 15 Street (main 8� Robert Allen Auld etal Written — 12/18/2006 accesso structure Lot 13, Blk 230, Henderson S/D, 3155 Jacqueline Water Disc — 08/05/06 Original Town, WF Wichita Falls, TX 76306 Taxes -$0 8. 1105 Burnett (main & 2 Mildred Janecka Written — 04/06/2004 accessory structures) . , , , •, Lot 8, Blk 203, Original Town, 1107 Burnett Water Disc — Meter WF pulled 01/18/1999 Wichita Falls, TX 76301 Taxes -$0 9. 904 Austin (main & Norris Brembry Written — 12/20/2007 accesso structure) Lot 3, Blk 187, Original Town, % Robert Mitchell Water Disc — 03/15/06 WF 2144 Avenue E Taxes - $5,134.09 (2005-2007) Wichita Falls, TX 76309 10. 902 Austin Norris Bremb Written — 12/20/2007 Lot 2, Blk 187, Original Town, % Robert Mitchell Water Disc — 10/18/99 WF 2144 Avenue E Taxes - $1,393.30 2005-2007) Wichita Falls, TX 76309 11. 1808 11 Street (main & Dora De Hoyos Written — 06/25/2007 ara e Fire date 01/20/2007 Lot 20, Blk 5, Kemp S/D, 1601 32" Water Disc — 06/22/06 Bellevue Addition Wichita Falls, TX 76302 Taxes -$3,887.42 1991-1993, 2006 12. 1305 Fillmore Fire date George Martin Noey Written — 11/05/2007 08/28/2007 Lot 14, Blk 51, Floral Hei hts % Midtown Manor - Office Water Disc — 02/03/06 400 Burnett Taxes - $6,096.35 2002-2007 Wichita Falls, TX 76301 13. 1053 Pershin Audra F. Bro les Written — 01/03/2007 Lot 22, Blk 2, Westover Hills Address Unknown Water Disc — 08/01/00 Taxes - $5,327.35 2001-2007 14. 2410 Buchanan (main & Margaret Wood (LE) Written — 11/30/2006 accesso structure Lot 6, Blk 12A, Hi hland Address Unknown Water Disc — 02/23/98 Taxes - $1,183.57 . . , � � � . . , (2006-2007) 15. Rick Weber Written — 03/08/2007 2612 Buchanan Ranee Weber Water Disc — 06/08/06 Lot 7, Blk 20A, Highland Address Unknown Taxes -$863.69 (2006- 2007) 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 6 day of May, 2008. �� MAYOR ATTEST: City Cler > . , . � ' EXHIBIT A HAZARDOUS STRUCTURES City Council Meeting May 6, 2008 Ordinance No. 25-2008 Item 10- 2185 Avenue L 902 and 904 Austin Lot 2, Blk. 187,Original Town Owner — Norris Brembry c/o Robert Mitchell 2144 Avenue E Wichita Falls, TX 76309 Mr. Mitchell informed that Mr. Brembry has agreed to sell him this property. He requested additional time to obtain legal ownership and prepare a plan. He informed that they had done some repairs to 902 Austin. Sherry Rucker, 1004 Austin, spoke against allowing this structure to remain because of the deplorable condition of this property and the rodents as wells as the homeless people using this building. She asked that Council demolish this structure. Council directed that this structure remain on the demolition list and that within thirty days Mr. Mitchell obtain a building permit and provide a plan acceptable to Mr. Dave Clark, Community Development Director.