The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous building or structure.
All buildings or structures of any nature that are found to be dangerous structures or buildings or dilapidated buildings or structures or buildings or structures that are calculated to increase the fire hazard; that injure, hurt or harm individuals; that may hurt or annoy the lands, tenements, hereditaments of another; or which endanger life or health or violate laws of decency or obstruct the reasonable and comfortable use of property or are subversive of public order, decency or morals and which have any one or all of the following defects:
(1) 
Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting members or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(2) 
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.
(3) 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which utterly fail to provide amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to cause injury to the health, morals, safety or general welfare of those living therein.
(4) 
Those that have 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.
(5) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communications.
(6) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(7) 
Those which have a foundation that is not so free of holes, cracks, buckling, crumbling and defects as to support adequately the dwelling structure.
(8) 
Those which do not have a floor, exterior wall and roof that are so free of holes, cracks and loose, rotten, warped or protruding boards as to protect the occupants of the dwelling or dwelling unit reasonably from weather elements and from danger of collapse.
(9) 
Those buildings or structures existing in violation of any provision of the city building code or any provision of the city fire code or other sections of this Code or city ordinances.
(1966 Code, sec. 7-25; 2001 Code, sec. 22-601)
All dangerous buildings and structures within the terms of section 22-601 are declared to be public nuisances and shall be vacated and repaired or demolished as provided in this article.
(1966 Code, sec. 7-26; 2001 Code, sec. 22-602)
The following standards shall be followed in substance by the building inspector, fire marshal and the city council, acting in its capacity as Building Commission under the terms of this article, in ordering vacation and repair or demolition:
(1) 
If the dangerous building or structure can reasonably be repaired so that it will no longer exist in violation of this article, it shall be ordered repaired.
(2) 
If the dangerous building or structure is in such a condition as to make it dangerous to the health, safety, morals or general welfare of its occupants, it shall be ordered to be vacated.
(3) 
When a dangerous building or structure is 50 percent or more damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and when a building or structure cannot be repaired so that it will no longer exist in violation of this article, it shall be demolished. When a dangerous building or structure is a fire hazard existing or erected in violation of this article or any city ordinance or state statutes, it shall be demolished. Included in the term “demolished” in this article is the cleaning of the property and removing all debris and trash.
(4) 
All refuse and debris resulting from the demolition of a dangerous building or structure may be disposed of at the landfill without charge if such building or structure was located within the corporate limits, has been declared dangerous under this article and has been demolished by an authorized contractor or the owner of the building or structure.
(1966 Code, sec. 7-27; 2001 Code, sec. 22-603)
Under this article, the building code administrator shall:
(1) 
Inspect or cause to be inspected, when necessary, all public buildings, schools, halls, churches, theaters, hotels, tenements or apartments, other multifamily residences, and commercial manufacturing buildings for the purpose of determining whether any conditions exist which render any such place a dangerous building or structure within the terms of section 22-601.
(2) 
Inspect 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 existing in violation of this article.
(3) 
Determine the names and current addresses of the owners and other persons having an interest in any building found to be a dangerous building or structure by reviewing the deed records of the county in which the structure is situated.
(4) 
Provide written notice to the owner and other persons having an interest in the structure by personal service or certified mail at their current addresses. If the owner and other interested persons or their current addresses cannot be determined, such notice shall be published in a newspaper of general circulation.
(5) 
Set forth in the notice provided for in subsection (4) of this section, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building or structure, and an order requiring the building or structure to be put in such condition as to comply with this article. Such order shall state that:
a. 
The owner shall vacate, repair or demolish the building or structure in accordance with the terms of this notice and this article.
b. 
The occupant or lessee must vacate the building or structure or may have it repaired in accordance with the notice and remain in possession.
c. 
The owner or other person having an interest in the building or structure may at his own risk repair or demolish the building or structure or have such work or act done, provided that any person notified under this subsection to repair or demolish any building or structure shall be given such reasonable time, not exceeding 60 days, prior to a public hearing, as may be necessary to do or have done the work or act required by the notice provided for in this subsection.
(6) 
Report to the city council, in its capacity as Building Commission, any noncompliance with the notice provided for in subsections (4) and (5) of this section.
(7) 
Appear at all hearings conducted by the city council, in its capacity as Building Commission, and testify as to the conditions of the dangerous building.
(8) 
Place a note on all dangerous buildings, upon a determination by the city council that the structure is hazardous, reading as follows:
“This building has been found to be a dangerous building by the City of Wichita Falls Building Code Administrator or his designee. This notice is to remain on the building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner. It is unlawful to remove this notice until such notice is complied with.”
(1966 Code, sec. 7-28; 2001 Code, sec. 22-604)
(a) 
Upon receipt of a report of the building code administrator as provided for in section 22-604(6), notice shall be given as required by section 22-604(4) to the owners and all other persons having an interest in the building to appear before the Building Commission on a date specified in the notice to show cause why the building or structure reported to be a dangerous building or structure should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building code administrator’s notice provided for in section 22-604(5).
(b) 
The city council shall hold a hearing and hear such testimony as the building code administrator and the owner or any other person having an interest in the building shall offer relative to the determination of the question or whether the building or structure in question is a dangerous building.
(c) 
The city council may make written findings of fact from the testimony offered, pursuant to subsection (b) of this section, as to whether or not the building in question is a dangerous building within the terms of section 22-601.
(d) 
In conducting a hearing authorized under this section, the city council shall require the owner, lienholder, or mortgagee of the building to, within 30 days:
(1) 
Secure the building from unauthorized entry; or
(2) 
Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(e) 
If the city council, acting as Building Commission, allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city council shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official.
(f) 
The city council, acting as Building Commission, may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee:
(1) 
Submits a detailed plan and time schedule for the work at the hearing; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(g) 
If the city council, acting as Building Commission, allows the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the city council shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the code enforcement division to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may also require that the owner, lienholder, or mortgagee appear before the city council to demonstrate compliance with the time schedules.
(h) 
In a public hearing to determine whether a building complies with the standards set out in an ordinance adopted under this section, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.
(i) 
Upon a determination that the building or structure in question does constitute a dangerous building or structure within the meaning of section 22-601, the city council shall issue an order based upon findings of facts made pursuant to subsection (c) of this section commanding the owner or any other person having an interest in the building to repair, vacate or demolish any building found to be a dangerous building within the terms of this article.
(j) 
If, at the expiration of 30 days from the determination that the building or structure is a dangerous building and the building or structure has not been repaired, vacated or demolished, it shall be demolished or removed at the expense of the city by the city or its contractor, and the expenses shall be assessed on the land on which the building stood or to which it was attached. The materials of such building shall be sold and the net cost of the demolition or removal shall be charged to the owner of the property. If any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of the demolition or removal exceeds the value of the materials of such building, such excess shall be assessed against the land and shall be a personal liability and charged against the owner thereof. Such expenses shall be recovered by the city by the means available under the law, including forced sale of the property by the city.
(1966 Code, sec. 7-29; 2001 Code, sec. 22-605; Ordinance 94-2002, sec. 2, adopted 11/5/02)
Notwithstanding all other sections of this article, nothing in this article shall be deemed a limitation on the duty of the city to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the preservation of life and property in the city.
(1966 Code, sec. 7-30; 2001 Code, sec. 22-606)
(a) 
The owner of any dangerous structure or building who shall fail to comply with any notice or order to repair, vacate or demolish such building or structure, such notice or order given by the authority of the Building Commission, shall, upon conviction, be fined as provided in section 1-14, and each day the violation continues shall constitute a new offense.
(b) 
The occupant or lessee in possession of any dangerous building or structure who fails to comply with any notice or order to vacate such building or structure and fails to repair such building or structure, given by authority of the building commission, shall, upon conviction, be fined as provided in section 1-14, and each day the violation continues shall constitute a new offense.
(c) 
Any person removing the notice provided for in section 22-604(7) shall, upon conviction, be fined as provided in section 1-14.
(1966 Code, sec. 7-31; 2001 Code, sec. 22-607)
No owner of any building used or designed or intended to be used for human habitation upon whom a notice has been served that a violation of this article exists in such building or on its premises shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property until compliance with such notice or order has been secured or until such owner shall have furnished to the purchaser, transferee, grantee, mortgagee or lessee a true copy of such notice or order and at the same time shall have given written notification to the code enforcement official of his intent to enter into such transaction, including supplying the name and address of the person to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser who has been informed of the existence of any notice or order pursuant to this article shall be bound thereby.
(1966 Code, sec. 7-33; 2001 Code, sec. 22-608)