Ordinance 2006-21
ORDINANCE NO. 2006-21
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE CODE OF ORDINANCES ("CODE") BY AMENDING CHAPTER
22, ARTICLE X, SECTION 22-211 REGULATING ABATEMENT OF
DANGEROUS BUILDINGS; 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 amend Wylie Code of Ordinances by amending Chapter 22,
Article X, Section 22-211, regulating the abatement of dangerous buildings as provided herein;
and
WHEREAS, the requirements relating to, among other things, repairing and abating of
dangerous buildings found in the national and international codes adopted by Wylie conflict with
Chapter 214, Subchapter A of the Texas Local Government Code, which is required to be
followed by cities in Texas; and
WHEREAS, the City Council has determined that adoption of the regulations set forth
herein is necessary to help protect life, health safety and welfare of persons and to protect
property.
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 Ordin,ance as if fully set forth herein.
SECTION 2: AMENDMENT TO WYLIE CODE OF ORDINANCES TO AMEND
CHAPTER 22. ARTICLE X. SECTION 22-211 REGULATING ABATEMENT OF
DANGEROUS BUILDINGS. The Wylie Code of Ordinances, Chapter 22, Article X is hereby
amended for Section 22-211 to be replaced and read as follows:
Section 22-211. Procedures for Abatement of Dangerous Buildings and Structures.
(a) Securing and Abating Dangerous Structures. The City hereby adopts the procedures set
forth in Texas Local Government Code Chapter 214, Subchapter A, as it exists or may be
amended, as the procedures ofthe City for the vacation, relocation of occupants, securing, repair,
removal or demolition of a building or structure that is substandard, dangerous, dilapidated or
unfit for human habitation and a hazard to the public health, safety and welfare ("Dangerous
Structure"), including but not limited to the notice, hearing and imposition of lien requirements
set forth therein. Hearings shall be before the Construction Code Board. This Section 22-211
Ordinance No. 2006-21
Amending Chapter 22
Wylie Code of Ordinances
does not govern routine code enforcement citations for structures other than Dangerous
Structures.
(b) Minimum Standards. The minimum standards for the continued use, occupancy and
maintenance of all buildings and structures are the standards adopted by ordinance, including but
not limited to any National or International Code Council regulations and local amendments
adopted by ordinance such as the International Property Maintenance Code, the International
Residential Code and the National Electric Code (hereinafter referred to in this Section as
"Building Standards").
(c) Assessments and Liens.
1. The City Council hereby finds and declares that the general administrative expenses of
inspecting buildings, locating owners, conducting hearings, issuing notices and orders, together
with all associated administrative functions, require the charge of not less than $450.00 for each
lot, adjacent lots under common ownership, or tract of land for which an order is issued under
this Section 22-211, and such minimum charge is hereby established and declared to be the
charge for such administrative expenses to be assessed in each instance where the City secures,
demolishes or performs other work in connection with an order or contracts for such services
thereon. Notwithstanding any tabulation of recorded costs, a charge of not less than $450.00 is
hereby expressly stated to be a minimum charge. Further, the costs of securing, demolishing or
performing other work in connection with an order, either by the City or by persons doing so
under contract with the City, shall be separately calculated and assessed in each instance in
which the City takes the described action pursuant to this Section 22-211.
2. The building official shall certify all administrative expenses and costs of
vacating, securing, repairing or demolishing a building or buildings incurred by the City, or by
persons doing so under contract with the City, as a charge that shall be assessed the owners
thereof, and shall constitute a lien on the land on which the building or buildings are or were
situated, privileged over all other liens to the maximum extent allowed by law. Upon the filing of
the lien statement with the county clerk, the charges shall bear interest at the rate of ten percent
per annum until paid.
3. If the City has let a contract for demolition of a building pursuant to a valid order
issued under this Section 22-211 and the building is subsequently repaired or demolished by
persons other than the City or its contractors prior to completion of the contract let by the City,
or such demolition is not carried out due to events beyond the City's control, the administrative
expenses and all costs for cancellation of the demolition contract shall be certified as a charge
that shall be assessed against the owner thereof, and that shall constitute a lien on the land on
which the building or buildings are or were situated, privileged over all other lien to the
maximum extent allowed by law. Upon the filing of the lien statement with the county clerk, the
charges shall bear interest at the rate of ten percent per annum until paid.
(d) Execution of written release of lien upon payment of charges or where lien placed on
property through error; execution of written notice of compliance.
1. Upon full payment of the charges assessed against any property and upon the
compliance of the property with all applicable orders as well as the terms of this Section 22-211
Ordinance No. 2006-21
Amending Chapter 22
Wylie Code of Ordinances
or any Building Standards, or in the event the lien is placed on the property through error, or an
unenforceable lien on a homestead, the city manager, or his/her designee, is hereby authorized to
execute, for and on behalf of the City, a written release of lien.
2. Upon compliance with an order issued hereunder, the building official shall be and is
hereby authorized to execute a written notice setting forth the date the notice of compliance is
issued, the date the City found the building to be secured, repaired or demolished or otherwise in
compliance with the order; and if the building had not been demolished, whether or not the
building is in such condition that it may be occupied. An order to secure a building will be
released only upon issuance of a certificate of compliance by the building official.
(e) Violations; penalty for disregarding or removing notices or orders.
1. It shall be unlawful for the owner, occupant or lessee in possession of any building
subject to an order issued under this Section 22-211, or anyone having an interest in the building
as shown by the real property records of the county in which the building is located, and under a
legal duty to take the ordered actions with respect to the building, to fail to comply with any
applicable order issued pursuant to this Section 22-211.
2. It shall be unlawful for any person to remove any notice posted under the provisions
of this Section 22-211. Violations of this subsection shall be punishable as a Class B
misdemeanor, as authorized by Section 214.002(c) of the Texas Local Government Code, as it
exists or may be amended, and, upon conviction thereof, shall be punished in accordance with
the Texas Penal Code, as its exists or may be amended and may be punished in accordance with
other applicable penalty provisions contained in this Code.
(f) Procedures in this Section Prevail. The procedures established by this Section 22-211
are adopted as a local amendment to all Building Standards that contain procedures to secure or
abate dangerous buildings and structures.
SECTION 3: PENALTY PROVISION. Any person, firm, corporation or entity
violating this Ordinance, as it exists or may be amended by this or any other Ordinance, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed
TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation 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 4: SA VINGS/REPEALING CLAUSE. Wylie Code of Ordinances shall
remain in full force and effect, save and except as amended by this or any other Ordinance. 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 portions of said
ordinances shall remain in full force and effect.
SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
Ordinance No. 2006-21
Amending Chapter 22
Wylie Code of Ordinances
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase hereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after
its adoption and publication as required by the Wylie City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 28th day of March 2006.
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Date of Publication in The Wylie News - April 5. 2006
Ordinance No. 2006-21
Amending Chapter 22
Wylie Code of Ordinances