Ordinance 2008-49 ORDINANCE NO. 2008-49
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE CODE OF ORDINANCES, CHAPTER 22, ARTICLE I, SECTION
22-1 TO INCLUDE A DEFINITION OF ~BUILDING CODES";
REPEALING AND REPLACING THE LANGUAGE FOUND IN
CHAPTER 22, ARTICLE II TO PROVIDE ADDITIONAL DUTIES AND
RESTRICTIONS ON THE CONSTRUCTION CODE BOARD;
REPEALING AND REPLACING THE LANGUAGE IN CHAPTER 22,
ARTICLE X, SECTION 22.211 TO PROVIDE ADDITIONAL
PROCEDURAL REQUIREMENTS FOR THE 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 ("Wvlie" or the "Citv") to amend the Wylie Code of Ordinances by
repealing Chapter 22, Article II establishing the Construction Code Board, and repealing Section
22.211 of Article X, regulating the abatement of dangerous buildings, as provided herein; 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: Findin s Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amend Section 22-1 (Definitions) of Article I(General of Cha ter 22
(Buildin~s and Buildin~ Re~ulations) of the Wylie Code of Ordinances. Section 22-1
(Definitions) of Article I(General) of Chapter 22 (Buildings and Building Regulations) of the
Wylie Code of Ordinances is amended to add the following definition:
"Building Codes means all of the International Codes that have been adopted and
amended under this Chapter, unless otherwise specified herein."
SECTION 3: Reneal lan~ua~e in Article II (Construction Code Board) of Chanter 22
~Buildin~s and Building Regulations~ of the Wvlie Code of Ordinances. The language in Article
~ II (Construction Code Board) of Chapter 22 (Buildings and Buildings Regulations) of he Wylie
Code of Ordinances is hereby repealed and replaced with the following language:
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"Article II. Construction Code Board. ~
Sec.22.21. Created.
There is hereby created the Construction Code Board (`Board").
Sec. 22.22. Composition of the Board.
The Board shall consist of seven members and three alternate members appointed by the
City Council. The Board shall also include ex-officio members as described in this
Article.
Sec. 22.23. Qualifications of inember.
(a) One designated member shall be a taxpaying resident of the City.
(b) Two designated members shall be ta~cpaying resident building contractors.
(c) Two designated members shall be taxpaying resident plumbers.
(d) Two designated members shall be taxpaying resident electricians (one master and
one journeyman). ~
(e) If inembers in the subsection (b), (c) or (d) categories of this section are not
available for appointment, one of the two designated tradesmen for each category
may be replaced with a member in the subsection (a) category of this section.
Sec. 22.24. Alternate members.
Alternate members shall be taxpaying resident of the City. In the absence of one or more
members of the Board, alternate members shall attend the meeting when requested to do
so by the Board's chairman, the Building Official, or the Building Official's designee.
The Board's chairman may dismiss an alternate member if all members are in attendance.
The alternate members are subject to the same attendance and general rules as the Board
members.
Sec. 22.25. City staff and ex-officio members.
The City shall provide the Board with the necessary staff to conduct its proceedings, as
provided by the budget. The Building Official (or in his absence his designee) shall
attend all Board meetings and shall be considered an ex-officio member of the Board.
The Building Official (or in his absence his designee) shall serve as the Board's expert on
all matters relating to city ordinances and building codes. The Building Official (or in his
absence his designee), however, shall not have voting rights. The Building Official (or in ~
his absence his designee) shall recuse himself when the Board hears appeals of the
Building Official's decision and during hearings relating to the abatement of dangerous
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531954.v3
buildings and structures. In such matters, the Building Official (or in his absence his
designee) shall represent himself and his department befare the Board. The Building
Official shall also appoint a staff person to act as the Board's Secretary. The Board's
Secretary shall also be an ex-officio member and shall be responsible for keeping the
minutes of the Board and providing any other support necessary for the Board to
effectively conduct its proceedings.
Sec. 22.26. Tenure of office.
The members and alternate members of the Board shall serve for two-year staggered
terms. After the expiration of the terms of the appointees, members and alternate
members shall continue until their successor is appointed. Any member of the Board
may be removed by the City Council for cause. Vacancies within the Board shall be
filled by appointment for the unexpired term.
Sec. 22.27. Regular and called meetings.
The Board shall hold such regular, special or called meetings as are necessary for its
proper performance of duty.
Sec. 22.28. Powers and duties.
(a) Hear appeals from decisions of the Building Official and
(b) Order the repair, within a fixed period, of buildings or structures found to be in
violation of an ordinance and
(c) Declare a building substandard in accordance with the provisions of Section
22.211 hereof, as the same be hereafter amended and
(d) Order, when permitted by state and local law, the immediate removal of persons
or property found on private property if it is determined that conditions exist on
the property that constitute a violation of an ordinance and
(e) Order action to be taken as necessary to remedy, alleviate, or remove any
substandard building or structure found to exist in violation of Section 22.211
hereof, as the same may be hereafter amended and
Issue orders or directives to any peace officer of the state, including a sheriff or
constable or the chief of police of the City to enforce and carry out the lawful
orders or directives of the Board and
(g) Order, when appropriate, that a building or structure be secured from
unauthorized entry and establish the specifications that must be complied with to
secure the building or structure and order that the building be repaired or
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demolished if the building or structure is not secured in compliance with the order
and
(h) Order the Building Official to post an appropriate notice in a conspicuous place
on a building or structure when the building or structure has been declared
substandard by the Board and dangerous to the health, safety, or welfare of its
occupants or to the citizens of the City. Such notice may contain, among other
provisions, language to the effect that (i) the building/structure has been declared
substandard or unsafe by the Board; (ii) occupancy of the building or structure is
prohibited; (iii) the building or structure must be vacated within a specified
period of time; and/or (iv) entrance into the building or structure is prohibited by
any persons other than inspectors designated by the City (herein referred to as
"Building Inspectors") and persons authorized by the owner who enter solely for
the purpose of correcting the hazardous condition and
(i) Review and study the building codes, as the same now exists or may be hereafter
amended, and all rules and regulations issued thereunder for the purpose of
remedying any deficiencies, errors, or discrepancies therein, assessing the use of
the latest safe and sound building materials, standards, specifications, and
practices conductive to the constant improvement of human habitation within the
City, and recommending to the Building Official modifications of existing rules
and regulations or the promulgation of additional rules and regulations and -~n
(j) Review written requests for advisory opinions from the Building Official and
issue opinions in connection therewith, regarding the technical sufficiency of any
substitute material or practice, when the Building Official is authorized to allow a
substitution under the building code(s) and the particular substitute material or
practice is not expressly called out in the building code(s). The proposed
substitution must be satisfactory and the material, method, or work offered is, for
the purpose intended, at least the equivalent of that prescribed in the codes in
strength, effectiveness, fire resistance, durability, safety, and sanitation., and
(k) Order action by the Building Official (or his designee) to be taken to remedy any
swimming pool(s) or spa(s) that is found to be "Dangerous" as determined by the
Board, by means of contracting (1) the securing from entry, and /or (2) the
construction of a covering that prohibits the accidental or otherwise unauthorized
access by person(s) of any age and the habitation of vectors, rodents and other
animals / reptiles undesirable to the community or (3) other proper abatement
procedures as may be determined in the public interest and
(1) Order action to be taken to remedy, alleviate, or remove any condition relating to
the accumulation of refuse, vegetation or matter that creates breeding and living
places for insects and rodents and
(m) Issue appropriate orders in connection with all matters brought before it over
which it exercises jurisdiction and
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(n) Order any structure(s) found to be a"Dangerous Structure" by the Board and
allowed to be repaired only duly licensed contractors properly registered with the
City of Wylie. The conditions allowed for repairs must satisfy the conditions of
significant compliance as determined by the Building Official (or his designee)
for all of the most current adopted building codes, ordinances inclusive of all
locals, state and federal laws.
The Board may not waive any requirement of federal / state laws, the building codes or
any the City of Wylie Code of Ordinances.
Sec. 22.29. Quorum and Voting.
Four (4) members of the Board present at any meeting shall constitute a quorum for the
transaction of business. A concurring majority vote is necessary to constitute an official
action of the Board for every action other than (1) a Board action overturning or
modifying the Building Official's decision; or (2) a Board action authorized under
Section 214 of the Texas Local Government Code. With regards to Subsection (1) and
(2), a concurring four (4) votes is necessary to constitute an official action of the Board.
Sec. 22.30. Proceedings of the Board.
(a) The Board shall adopt rules to establish procedures for use in hearings which
must provide ample opportunity for presentation of evidence and testimony by
respondents or persons opposing decisions made by the Building Official.
(b) The Board shall at its first meeting in each calendar year, select a chair and vice-
chair of the Board. The chair shall preside over all meetings of the Board. If the
chair is not in attendance, the vice-chair shall preside over the meeting.
(c) Meetings of the Board may be called by the chairman or the Building Official.
All meetings of the Board shall be open to the public. The chairman, or in the
chairman's absence the vice chairman, may administer oaths and compel the
attendance of witnesses.
(d) The Board, with help from the Board Secretary, shall keep minutes of its
proceedings showing the vote of each member on each question or the fact that a
member is absent or fails to vote. The Board shall keep records of its
examinations and other official acts. The minutes and records shall be filed
immediately in the office of the city secretary as public records.
(e) Any person aggrieved by a decision or ruling of the Building Official may appeal
that decision to the board. An appeal must be made in writing, specify the grounds
for appeal, and be filed with the Building Official within fifteen (15) days after
the Building Official's final decision. The Building Official shall transmit to the
board all of the papers constituting the record of the action being appealed. The
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board shall, within a reasonable time, hold a public hearing on the matter and ~
render a decision either sustaining, modifying, or reversing the action appealed.
Sec. 22.31. Notice of proceedings.
(a) Notice of all proceedings before the Board shall be given by the Building Official
pursuant to the requirements set forth in Chapter 214, Subsection A of the Texas Local
Government Code, when applicable. The Building Official shall also provide notice of all
proceedings by:
(1) Sending written notice by certified mail, return receipt requested and by
regular mail to all owners of the affected property as listed in the latest
deed records; and
(2) Sending written notice by certified mail, return receipt requested and by
regular mail to each lien holder for the affected property, as shown by the
records in the office of the county clerk of the county in which the affected
property is located, if the address of the lienholder can be ascertained from
the deed of trust establishing the lien or other applicable instruments on
file in the office of the county clerk; and
(3) Sending written notice by certified mail, return receipt requested and by
regular mail to the party who filed an appeal with the Board, if applicable;
and
(4) Posting a copy of the notice on the front door of the building or structure
situated on the affected property or as close to the front door as
practicable.
(b) Notices shall be mailed and posted before the tenth (lOth) day before the date of
the hearing before the Board and must state the date, time, subject, and place of the
hearing. In addition, the notice shall be published in a newspaper of general circulation
in the City at least once before the tenth day before the date of the hearing.
(c) If the address of a person having an interest in the property as shown in the deed
records is unknown or if the notice is returned undelivered, a copy of such notice posted
on the building or structure shall constitute notice to any person having an interest in the
property who does not receive personal service.
Sec. 22.32. Procedures to follow when order issued.
After the decision becomes final, a copy of the arder issued by the Board shall be
promptly mailed first class, certified, return receipt requested to all persons to whom
notice is required to be sent under section 22.30 hereof. In addition, a copy of the order ~
shall be published one time in a newspaper of general circulation in the City within ten
(10) calendar days after the date of mailing the copy as provided in this section. Also, a
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copy of the order shall be filed in the office of the city secretary and in the deed records
of the county in which the land is located.
Sec. 22.33. Appeals from Board orders.
A decision of the board is the final administrative remedies and is binding upon all
parties. Upon the filing of a decision with the city secretary and the Building Official, it is
the duty of the Building Official to enforce the decision of the Board. A person aggrieved
by a decision of the Board may within thirty (30) days after receiving notice of the
board's decision, appeal to a District Court of the appropriate jurisdiction. The suit must
be filed against the boaxd as defendant and service of process must be made upon the
Board by serving the City Secretary. If no suit is filed within the thirty (30) days, the
decision of the Board shall be final and binding. With respect to orders issued hereunder
pursuant to authority granted in Chapter 54, Subchapter C of the Local Government
Code, as hereafter amended, if appeals are not taken within the period prescribed under
Chapter 54, the decision of the Board shall be, in all things, final and binding.
Sec. 22.34. Failure to comply with order of Board.
Failure to comply with an order issued by the Board shall entitle the City to avail itself of
any and all remedies provided by law, including but not limited to, the following:
(1) In the enforcement of the Board's order, to vacate, secure, remove, repair
or demolish a building or relocate the occupants at its expense and assess
the expenses as a lien upon the real property on which the building or
structure is located;
(2) In the enforcement of the Board's order, to remedy at its expense
conditions caused by accumulations of refuse, vegetation or other matter
creating breeding and living places for insects and rodents and assess the
expenses as a lien upon the real property on which the condition existed;
(3) To proceed under the jurisdiction of the municipal court of the City;
provided, however, that this remedy shall not be construed to require an
order from the Board before the City may proceed under the jurisdiction of
the municipal court;
(4) To enforce a civil penalty by filing a certified copy of the order with the
district clerk of the appropriate county; and
(5) To proceed, in appropriate cases, in district or county court to enforce the
City ordinances and orders of the Board.
Secs. 22-35 - 22.40. Reserved."
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SECTION 4: Repeal of lan uage in Section 22.211 (Re ulatin~ Abatement of
Dan~erous Buildin~s) of Article X(Dan~erous Buildings) of Chapter 22 Buildings and Buildin~
Re~ulations of the Wvlie Code of Ordinances. The language in Section 22.211 (Regulating
Abatement of Dangerous Buildings) of Article X(Dangerous Buildings) of Chapter 22
(Buildings and Building Regulations) of the Wylie Code of Ordinances is hereby repealed and
replaced with the following language:
"Sec. 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 of the City for the vacation, relocation of
occupants, securing, repair, removal or demolition of a dangerous building or structure,
as further defined in subsection (c) of this Section, subject to the herein described
amendments and/or additional restrictions. Hearings shall be before the Construction
Code Board. This Section 22.211 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) Definition of "Dangerous Structure. "
(1) All buildings or structures which have any or all of the following defects
shall be deemed Dangerous Structures:
(A) Those which have interior walls or other vertical structural
members that list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside the middle
third of its base.
(B) Those which, exclusive of the foundation, show thirty-three
percent (33%) or more of damage or deterioration of the
supporting member or members or fifty percent (50%) of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(C) Those which have improperly distributed loads upon the floors or
roofs or overloaded roofs or floors, or which have insufficient
strength to be reasonably safe for the purpose used. ~A+µ
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(D) Those which have been damaged by fire, wind or other causes so
as to have become dangerous to life, safety, morals, or the general
health and welfare of the occupants or the people of the City.
(E) Those which are so dilapidated, decayed, unsafe, unsanitary or
which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or which are likely
to cause sickness or disease so as to work injury to the health,
morals, safety or general welfare of those occupying such
building or structure.
(F) Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
(G) Those which have inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
(H) Those, regardless of their structural condition, which have during
times that they were not actually occupied by their owners, lessees
or other invitees, been left unsecured from unauthorized entry to
the extent that they may be entered and utilized by vagrants or
other uninvited persons as a place of harborage or may be entered
and utilized by children as a play area.
(I) Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(J) Those which because of their condition are unsafe, unsanitary, or
dangerous to the health, morals, safety or general welfare of the
people of the City.
(K) Those buildings existing in violation of any provisions of this
Ordinance, the building code, the fire code, or other ordinances of
this City if the violation is of such a nature that the building or
structure constitutes a danger to its occupants or to others.
(2) A building or structure that is boarded-up, fenced or otherwise secured in
any manner may, nevertheless, be deemed to be a Dangerous Structure
under the foregoing criteria if:
(A) The building constitutes a danger to the public even though
secured from entry; or
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(B) It is found that the means utilized to secure the building or ~
structures are not adequate to prevent unauthorized entry of the
building in contravention of subsection (2)(A) above.
(3) The term "Dangerous Structure(s) " shall include a swimming pool(s) or
spa(s) that is:
(A) Abandoned or
(B) Poses a Health or an Environmental risk to the community or
(B) Unsecured from entry or access or
(C) Although secured from entry, the swimming pool(s) or spa(s)
constitutes a danger to the public or
(E) Improperly maintained or fail to be operated in accordance with
local, state and federal regulations or
(F) Allows for the habitation of vectors, rodents and other animals /
reptiles undesirable to the community or
(G) Is inoperable or unable to be used safely or
(H) Otherwise deemed to be unacceptable far its intended purpose due
to missing or improperly installed / operated safety, mechanical or
electrical equipment / apparatus.
(d) Declared to be nuisances. All Dangerous Structures within the terms of
subsection (c) hereof are hereby declared to be public nuisances and shall be vacated
and/or repaired and/or demolished and/or secured as provided for in this Ordinance.
(e) Authority of Building Official. The Building Official (or his designee) is hereby
authorized and directed to enforce any and all provisions of this Ordinance. The Building
Official's enforcement authority shall include, but not be limited to, the following:
(1) Inspecting or supervising the inspection of any building, wall or
structure about which complaints are filed by any person to the effect
that a building, wall or structure is or may be an existing violation of
the terms of this Ordinance.
(2) Inspecting or supervising the inspections of any building, wall or structure
reported by the health or police department or fire marshal's office of this
City as probably existing in violation of the terms of this Ordinance.
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(3) Inspecting or supervising the inspection of buildings or structures in the
City to determine whether they are Dangerous Structures within the terms
of subsection (c) hereof.
(4) Making or causing to be made surveys in any area of the City to determine
the general condition of structures or buildings, the extent of deterioration,
the lack of facilities or maintenance, unsafe and unsanitary conditions and
other relevant factors necessary to implement the purposes of this
Ordinance.
(5) Presenting testimony to the Code Construction Board in support of any
allegations of a violation of the provision(s) of this Ordinance.
The Building Official (or his designee) shall be authorized to enter any
building, structure, or premises at any reasonable time to exercise the authority prescribed
in this Ordinance.
Access to structures. The owner, operator, agent or occupant of every structure,
building or premises shall permit the Building Official (or his designee) to enter the
structure, building or premises at reasonable times for the purpose of inspection.
(g) Identification. The Building Official (or his designee) shall be supplied with
official identification and upon request shall exhibit identification when entering any
structure, building or premises.
(h) Authority of city attorney. The city attorney shall have authority to:
(1) Prosecute all persons failing to comply with the terms of the notices and
orders provided for in this Ordinance.
(2) Appear at all hearings before the Construction Code Board.
(3) Bring suit to collect all municipal charges, liens, or costs incurred by the
City of Wylie in preparing or causing Dangerous Structures to be vacated,
repaired, secured and/or demolished.
(4) Take such other legal action as is necessary to carry out the terms and
provisions of this Ordinance.
The remedies provided for herein shall be cumulative and not exclusive and shall
be in addition to any other remedies provided by law; any and all remedies may
be pursued concurrently or consecutively, and the pursuit of any remedy shall not
be construed as an election or the waiver of the right to pursue any and all of the
others.
(i) Notice of violation.
(1) Whenever the Building Official determines that there has been a violation
or that there are reasonable grounds to believe that there has been a
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violation or alleged violation of this Ordinance, notice of such violation or
alleged violation shall be given to the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in the structure or building
as shown by the real property records of the county in which the land is
located.
(2) The notice provided for in this Section 22.211 shall be in writing, shall
contain a description of the premises upon which the building or structure
is located, shall specify the alleged violation, and shall state whether the
building or structure must be vacated (if it is occupied), secured, repaired,
removed and/or demolished in order to comply with the terms of this
Ordinance. The notice shall also provide that failure to comply with such
notice may result in a public hearing before the Construction Code Board,
which may issue an order requiring the building or structure to be vacated,
secured, repaired, removed and/or demolished pursuant to the terms of this
Ordinance.
(3) Any person or entity notified pursuant to this Section shall be given a
reasonable time, not exceeding thirty (30) days, to comply with the notice.
If after inspecting the structure or building, the Building Official
determines that it is necessary to extend such time period, written notice of
the time extension shall be given to the affected person or entity. ~-..F~.
(j) Standards to be followed in issuing notices of violations. The Building Official
(or his designee) shall follow the applicable standards set forth below in issuing
notices of violations of this Ordinance:
(1) If the structure or building is occupied and in such condition as to make it
dangerous to the health, safety or welfare of its occupants, the notice shall
provide that the building or structure must be vacated.
(2) If the structure or building can reasonably be repaired so that it will no
longer violate the provisions of this Ordinance, the notice shall provide
that the structure or building must be repaired (or demolished at the
owner's option) such that it complies with the applicable provisions of this
Ordinance.
(3) If the structure or building cannot be reasonably repaired such that it
complies with the applicable codes of the City, the notice shall provide
that the structure or building must be demolished.
(4) If the building or structure is unoccupied and the condition of the building
or structure is such that it may be brought into compliance by securing it
from unauthorized entry, then the notice may provide that it be so secured
and be kept secured and may include written specifications that must be
complied with in securing the building or structure; in addition, the notice
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531954.v3
may provide that the building or structure be repaired or demolished if it is
not secured in compliance with the notice.
(5) If the building or structure is at least fifty percent (50%) damaged,
decayed ar deteriorated, the notice shall provide that the building or
structure must either be repaired or demolished if it cannot be repaired so
that it complies with the applicable codes of the City.
(k) Notice ofpublic hearing before Construction Code Board. Upon the failure of the
owner, occupant, lessee, mortgagee, agent or other person(s) with an interest in the
building or structure to comply with the notice sent pursuant to subsection (i) hereof, the
Building Official may schedule a public hearing before the Construction Code Board and
provide notices of such hearing in accordance with the requirements of Chapter 214,
Subsection A of the Texas Local Government Code, subject to the amendments and/or
additional restrictions described in this Ordinance.
(1) Service of notices when interested parties not in Ciry. In cases where the owner,
occupant, lessee, mortgagee or any other person having an interest in the property is
absent from the City, the notice required pursuant to subsection (i) of this Ordinance shall
be sent by registered mail or certified mail, return-receipt requested, to the owner,
occupant, mortgagee, lessee and all other persons having an interest in the building or
structure involved, as shown by the land records of the county in which the land is
located, to the last known address of each, and a copy of such notice shall be posted in a
conspicuous place on the building to which the notice relates. Such posting and mailing
shall be deemed adequate service of notice.
(m) Placarding inherently dangerous building(s) or structure(s)
(1) If a Building Inspector completes an inspection of a building ar structure
and finds it to be inherently dangerous and, in the opinion of such
Building Inspector, a nuisance per se, upon approval of such finding ex
parte by the Building Official, such Building Inspector shall place a notice
on such building or structure forthwith which shall contain language to
the effect that the building or structure is a Dangerous Structure and that
all unauthorized persons entering the building/structure shall be subject to
a fine as set forth in Section 22.211(r) of this Ordinance.
(2) The approval of the Building Official of a finding pursuant to this Section
and the posting of the notice provided for above shall not be construed to
deprive any person entitled thereto to the notice and hearing prescribed in
' Chapter 214, Subsection A of the Texas Local Government Code or in this
Ordinance.
~
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(n) Emergencies.
(1) In cases where it reasonably appears that there is immediate danger to the
health, life or safety of any person unless a Dangerous Structure, as
defined herein, is immediately repaired, vacated, demolished or secured,
the Building Inspector shall report such facts to the Building Official. If
the Building Official finds that there is in fact an immediate danger to
the health, life or safety of any person unless the building/structure is
immediately repaired, vacated, demolished or secured, he shall cause the
immediate repair, vacating, demolition or securing of such
building/structure.
(2) Whenever the Building Official causes a building/structure to be repaired,
vacated, demolished or secured pursuant to this Ordinance, he shall cause
a notice, as described in subsection (m) hereof, to be posted on the
building/structure. In addition, the Building Official shall schedule a
hearing before the Construction Code Board concerning the action taken
pursuant to this section and send notice of such hearing to all persons
required pursuant to Chapter 214, Subsection A of the Texas Local
Government Code, subject to the amendments and/or additional
restrictions described in this Ordinance. The notice shall set forth the
specific conditions which rendered the building a dangerous building and
an immediate danger to the health, life or safety of person(s). At such a
hearing, the burden shall be upon the City to show that the immediate
action was necessary because the building/structure was dangerous within
the meaning of subsection (c) hereof and an immediate danger to the
health, life or safety of person(s). If after completion of the presentation
of the testimony by all parties appearing, the Construction Code Board
finds that the action was necessary because the building/structure was
dangerous within the meaning of subsection (c) hereof and an immediate
danger to health, life or safety of person(s), all expenses and costs of
vacating, repairing, securing, or demolishing the building or structure shall
be calculated and assessed against the owners of the building/structure,
shall constitute a lien on the land on which the building/structure stood,
and shall bear interest as provided in subsection (s)(2).
(o) Cleanup after demolition or removal of structure or buildings. Within thirty (30)
days after any building ar structure is demolished or removed from any lot or tract of
land:
(1) All debris must be removed from the property.
(2) All holes or depressions in the ground must be filled to grade level.
(3) All lumber, pipes and all other building materials must be removed
from the property.
Ordinance No. 2008-49
Regulating Dangerous Structures Page 14
531954.v3
(4) All pipes and conduits must be removed from above grade and must be
removed or sealed below grade.
(5) All piers, pilings, steps, foundations, and other appurtenances must be
removed from the property.
Each owner and each person having control over the property on which
the building or structure stood prior to removal or demolition is
individually responsible for completing such work or causing such work to
be completed.
(p) Report, inspection where work believed not completed. City employees may
make a written report to the Building Official whenever such employee has reason to
believe a building or structure has been demolished or removed from a lot or tract of land
and the work required by this Section 22.211 has not been completed.
(q) Notice to complete work. To the extent that the Construction Code Board has not
issued an arder pursuant to subsection (n) hereof, whenever it shall come to the
knowledge of the Building Official that a building or structure has been demolished or
removed and that the work required by this Ordinance has not been completed, the
Building Official shall cause written notice to be given by personal service or by certified
mail, return receipt requested, to the owner of the property or to any person having
control over the property setting out the work required by this Ordinance which has not
been completed. In such notice, the Building Official may order the owner of the property
or person having control over the property to complete or cause to be completed all work
required by this Ordinance within thirty (30) days of service of such notice.
(r) Uiolations and Penalties.
(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 Section 22.21 l. Any
such person or entity in violation of Section 22.211 or any order issued
pursuant to Section 22.211 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.
(2) Any person, firm, corporation, ar entity that removes any notice posted
under the provisions of Section 22.211, shall be deemed guilty of a
"`g""` Class B misdemeanor, as authorized by Section 214.002(c) of the Texas
Local Government Code, and upon conviction thereof shall be fined a sum
Ordinance No. 2008-49
Regulating Dangerous Structures Page 15
531954.v3
not to exceed five hundred dollars ($500.00). Each continuing day that the ~
notice is not reposted shall constitute a separate offense.
(3) 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.
(s) 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 seven hundred fifty ($750.00)
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 seven hundred fifty dollars
($750.00) 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(s) or structure(s)
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 (10%) 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
Ordinance No. 2008-49
Regulating Dangerous Structures Page 16
531954.v3
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 (10%) per annum until paid.
(t) 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 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 ar 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.
(u) 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 5: 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 6: Savin sg /Repealin~ 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.
Ordinance No. 2008-49
Regulating Uangerous Structures Page 17
531954.v3
SECTION 7: Severabilitv. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance sha11 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 any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 8: 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 the 11 th day of November, 2008.
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ERIC HOGUE, Ma r
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CORRECTLY RECORDED BY: _ ~ : =
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City Secretary
Date of publication in The Wvlie News - November 19, 2008
Ordinance No. 2008-49
Regulating Dangerous Structures Page 18
531954.v3
~,C&S I~edia, Inc.
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STATE OF TEXA5 - ~ ~
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COUNTY OF COLLIN ~~1`~'
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinance No. 2008-48 and 2008-49
was published in said newspaper on the following dates, to-wit:
November 19 , 20 8.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the ~~_day of ` , 2008
to certify which witness my hand and seal of office.
, ~
Notary Publi i and for
The State of Texas
My commission expires_ ~1~~d--
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~r{.~~~ , 5ortia A Duppan
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Murphy/SachselWylie Office • I 10 N. l3ailard • P.O. Box 369 • Wylie, TX 75098 • 972-4~t2-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7(Y?3
4C November 19 - 20, 2008
ORDINANCE NO.
2i108-49
AN ORDINANCE OF HEREOF.
THE CITY OF Eric Hogue, Mayor
WYLIE, TEXAS, ATTEST:
AMENDING WYLIE Carole Ehrlich,
CODE OF ORDI- City Secretary
NANCES, CHAPTER 2'7_1t-339-1121i
22, ARTICLE I, SEC-
TION 22-1 TO
INCLUDE A DEFINI-
~ON OF `BUILD-
NG CODES";
REPEALING AND
REPLACING THE
LANGUAGE FOUND
IN CHAPTER 22,
ARTICLE II TO PRO-
VIDE ADDITIONAL
DUTIES AND
RESTRICTIONS ON
THE CONSTRUC-
TION CODE BOARD;
R~PEALING AND
REFLACING THE
LANGUAGE IN
CHAPTER 22, ARTI-
CLE X, SECTION
22.211 TO PROVIDE
ADDTTIONAL PRO-
C E D U R A L
REQUIREMENTS
FOR THE ABATE-
MENT OF DANGER-
OUS BUILDINGS;
PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF
THIS ORDINANCE;
P~-?Q~~~~.T:C~, FnR
K~P,~.4~~iC'a, SAV,
INGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR
AN EFFECTIVE
DATE OF THIS
ORDINANCE; AND
PROVIDING FOR
THE PUBLICATION
OF THE CAPTION