Ordinance 2005-59
ORDINANCE NO. 2005-59
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2001-10; ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE AND
ADOPTING AMENDMENTS THERETO; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2001-10; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to adopt the 2003 Edition of the
International Property Maintenance Code, with the amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinance No. 2001-10 Repealed. Wylie Ordinance No. 2001-10 is
repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed
in this Section shall not occur until the effective date of this Ordinance at which time Ordinance
No. 2001-10 shall be repealed. Such repeal shall not abate any pending prosecution and/or
lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of
Ordinance No. 2001-10 occurring before the effective date of this Ordinance.
SECTION 3: Adoption of the 2003 International Property Maintenance Code. The
International Property Maintenance Code, 2003 Edition, copyrighted by the International Code
Council, Inc. save and except the amendments set forth below, is hereby adopted as the Property
Maintenance code for Wylie, prescribing regulations applicable to all existing residential and
nonresidential structures and all existing premises and constitutes minimum requirements and
standards for premises, structures, equipment and facilities for safe and sanitary maintenance (the
"2003 International Property Maintenance Code"). The 2003 International Property
Maintenance Code, save and except the amendments set forth herein, is made a part of this
Ordinance as if fully set forth herein. One (1) copy of the 2003 International Property
Maintenance Code, copyrighted by the International Code Council, Inc. is on file in the office of
the City Secretary of Wylie being marked and designated as the 2003 International Property
Maintenance Code.
Ordinance No. 2005-59
Repealing Ordinance No. 2001-10; Adopting the 2003
Edition of the International Property Maintenance Code
410002-1
Page 1
SECTION 4: Amendment to the 2003 International Property Maintenance Code. The
2003 International Property Maintenance Code is hereby amended for the City of Wylie as set
forth below:
(1) Housing advisory and board of appeal.
All references to housing advisory and board of appeal used in the International
Property Maintenance Code shall mean the board appointed by the City Council
for such purposes and designated as the board of appeal, currently established by
the City of Wylie as the Construction Code Board.
(2) Chapter 1, Administration.
Section 102.3. Amend by deleting the section in its entirety and adding a new
Section 102.3 to read as follows:
Application of other codes. Repairs, additions or alterations to a
structure or changes of occupancy shall be done in accordance with
the procedures and provisions of the International Building Code,
International Plumbing Code, International Mechanical Code,
International Fuel Gas Code and the National Electrical Code.
Section 110.4.1. Amend by adding a new Section 110.4.1 to read as follows:
Recovery of costs incurred by the City of Wylie. Recovery of costs
incurred by the City in vacating, securing, removing or
demolishing a building pursuant to this code shall be in accordance
with the provisions of Chapter 214, Subchapter A of the Texas
Local Government Code.
Section 111.1. Amend by deleting the first sentence in the section and adding a
new first sentence to Section 111.1 to read as follows:
Application for appeal. Any person directly affected by a decision
of the Code Official or a notice or order issued under this code
shall have the right to appeal to the Construction Code Board
provided that a written application for appeal is filed within thirty
(30) days after the day the decision notice or order was served.
Section 111.2. Amend by deleting the section in its entirety and adding a new
Section 111.2 to read as follows:
Construction Code Board creation ordinance 84-11.
Section 111.7. Amend by deleting the section in its entirety and adding a new
Section 111.7 to read as follows:
Ordinance No. 2005-59
Repealing Ordinance No. 2001-10; Adopting the 2003
Edition of the International Property Maintenance Code
410002-1
Page 2
Court review. Once the decision of the Board becomes final under
this section, the person effected by an order may appeal the
decision to the State district court. Appeal to the district court must
be filed within thirty (30) days from the date that notice of final
board findings is personally delivered or mailed to the affected
person(s) by first class mail certified return receipt requested.
Appeal in the district court shall be limited to a hearing under the
substantial evidence.
(3) Chapter 6, Mechanical and Electrical Requirements.
Section 601.1. Amend by deleting the section in its entirety and adding a new
Section 601.1 to read as follows:
Scope. The provisions of this chapter shall govern the minimum
mechanical and electrical facilities and equipment to be provided.
Whenever reference is made to electrical code standards, all
requirements shall be in accordance with the National Electrical
Code as adopted by the City of Wylie.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and
effect. A reference in any ordinance to an earlier or different version of a property maintenance
code is hereby amended to refer to the 2003 International Property Maintenance Code as it is
adopted herein or may be subsequently amended.
SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
subject to a fine not to exceed the sum of TWO THOUSAND AND NOI100 DOLLARS
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from
filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it
pursuant to local, state and federal law .
SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional.
Ordinance No. 2005-59
Repealing Ordinance No. 2001-10; Adopting the 2003
Edition of the International Property Maintenance Code
410002-1
Page 3
SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 1 7th day of November, 2005.
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ATTESTED AND CORRECTLY
RECORDED:
Date to be published in The Wvlie News - November 30. 2005
Ordinance No. 2005-59
Repealing Ordinance No. 2001-10; Adopting the 2003
Edition of the International Property Maintenance Code
410002-1
Page 4