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ORD 2004-21TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-21 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-31 ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION, AND ALL APPENDICES THERETO; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AND ADOPTING NEW PROVISIONS AS FOLLOWS: PROVIDING FOR APPLICABILITY; ADOPTING THE INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREBY, REGULATING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES NOT MORE THAN THREE STORIES IN HEIGHT IN THE TOWN OF TROPHY CLUB; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE, AND EACH AND ALL OF THE REGULATIONS, PROVISIONS, CONDITIONS AND TERMS OF SUCH INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREBY AND PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND ON FILE IN THE OFFICE OF THE BUILDING OFFICIAL OF THE TOWN OF TROPHY CLUB; PROVIDING DEFINITIONS FOR THE INTERNATIONAL RESIDENTIAL CODE; ADOPTING THOSE PROVISIONS OF THE UNIFORM BUILDING CODE, 1997 EDITION, THAT DO NOT CONFLICT WITH THE INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION, AS AMENDED BY ORDINANCE NO. 99- 16 ESTABLISHING LOCAL AMENDMENTS TO THE FIRE CODE, AND HEREBY RATIFYING ORDINANCE NO. 99.16 IN ITS ENTIRETY-; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1996 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION; PROVIDING FOR THE AUTHORITY OF THE BUILDING OFFICIAL; PROVIDING FOR THE BUILDING BOARD OF APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A -1- SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a general law municipality empowered under the Texas Local Government Code, Section 51.001., to adopt an ordinance or rule that is for the good government of the Town; WHEREAS, through separate ordinances, the Town is adopting the most recent editions of the National Electrical Code and the International Building Codes, including the Building Code, the Residential Code, the Plumbing Code, the Mechanical Code, the Fire Code and the Energy Conservation Code, and local amendments thereto, it is necessary to repeal Ordinance No. 2001-31 in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION CLAUSE That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. CUMULATIVE REPEALER CLAUSE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 2001-31 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2001-31 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 3. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. SAVINGS CLAUSE All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinances of the Town affecting building, fire, mechanical, plumbing and electrical codes, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PENALTY CLAUSE It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code, SECTION 7. ENGROSSMENT AND ENROLLMENT CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 8. EFFECTIVE DATE CLAUSE That this Ordinance shall be in full force and effect from and after is date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3V' day of August, 2004. SM mayor Town of Trop y Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas O� TRd\ n r0 � c [SEAL] c° APPROVED AS TO FORM: RY I , ' �. lug . �' ( A 6 u �1,a , Town Attorney Town of Trophy Club, Texas -4-