ORD 2009-28TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XVII, ENTITLED "HOTEL
REGULATIONS", TO CHAPTER 3 ENTITLED "BUILDINGS AND
CONSTRUCTION" REQUIRING HOTEL PERMITTING AND PROVIDING
STANDARDS FOR HOTEL PERMIT HOLDERS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION
OF ARTICLE XVII AS AN ADDITION TO CHAPTER 3 OF THE CODE
OF ORDINANCES BY PROVIDING DEFINITIONS; REQUIRING A
HOTEL' PERMIT; PROVIDING GUEST REGISTRATION
REQUIREMENTS; PROVIDING HOTEL PERMIT STANDARDS;
PROVIDING REGULATIONS FOR INSPECTIONS, REINSPECTIONS
AND CERTIFICATES OF OCCUPANCY; PROVIDING FOR APPEALS;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION AND A SEPARATE
OFFENSE SHALL EXIST FOR EACH DAY OR PART OF A DAY THAT
A VIOLATION EXISTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, is a home rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution, and Chapter 9 of the Local Government Code; and
WHEREAS, Chapter 341 of the Texas Health and Safety Code (the "Code")
establishes minimum standards of sanitation and health protection within certain
ind ustries; and
WHEREAS, Section 341.081 of the Code and Section 51.072 of the Local
Government Code permit a home-rule municipality to enact equivalent or more stringent
standards than those set forth in Chapter 341 of the Code; and
WHEREAS, the Town Council desires to amend Chapter 3 of the Town Code of
Ordinances by adopting Article XVII requiring a Hotel Permit for all hotels (as defined
herein) operated in the Town of Trophy Club and to enact more stringent standards than
those set forth in Chapter 341 of the Code for the purpose of promoting the public
health, safety, and welfare.
Ordinance 2009-28 (File 10 312) 1
WHEREAS, the Town Council has determined that the regulations set forth
below and adopted as Article XVII of Chapter 3 of the Code of Ordinances of the Town
serves the health, safety and welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the
Town of Trophy Club is hereby amended to add Article XVII entitled "Hotel
Regulations" so that Article XVII of Chapter 3 of the Code of Ordinances of the
Town shall be and read in its entirety as follows:
"Article XVII
Hotel Regulations
Section 17.01 Definitions
For the purpose of this Article, the following words and phrases have the
meanings respectively ascribed to them by this Section:
A. Bathroom: An enclosed space or spaces containing one or more
tOilets, lavatories, bathtubs, showers, or any combination of fixtures serving
similar purposes.
B. Building Codes: All Intemational or Uniform Codes and local
amendments thereto adopted by the Town of Trophy Club as part of the
Town's Code of Ordinances, including without limitation, the National
Electric Code, Intemational Building Code, International Fire Code,
International Mechanical Code, International Plumbing Code, and
International Fuel Gas and Energy Conservation Code, which were in
effect at the time of construction of the building in question.
C. Building Official: The Chief Building Official of the Town or his
designated representative.
D. Certificate of Occupancy: A certificate issued by the Building Official
authorizing occupancy.
Ordinance 2009-28 (File 10 312) 2
E. Designee: The Town Manager's designee or delegated staff or duly
authorized representative of the Town. This term shall include, but is not
limited to Code Enforcement Officers, Building Official, Fire Inspector,
Health Officer, employee of Department of Community Development and
other authorized departments of the Town.
F. Extermination: The control and elimination of insects, rodents, and
vermin.
G. Garbage: Refuse, animal or vegetable wastes (as from a kitchen or
food processing facility), ashes, or other household waste which is damp or
capable of emitting odors.
H. Guest: Any person hiring or occupying a room for sleeping purposes
in a hotel.
I. Guest Room or Rooms: Any room or rooms used or intended for use
by a guest for sleeping purposes in a Hotel, including single rooms and
suites.
J. Hot Water: Water supplied to plumbing fixtures at a temperature of
not less than 110 degrees Fahrenheit.
K. Hotel: Any building containing Guest Rooms in which members of the
public obtain sleeping accommodations for consideration. The term
includes a hotel, Motel, lodging house, rooming house, tourist court, bed
and breakfast, or inn in the Town having six (6) or more Rooms where
transient Guests are fed or lodged for pay.
L. Hotel Room or Room(s): Shall mean Guest Room or Rooms as
defined in this section.
M. Infestation: The presence within or contiguous to a dwelling unit of
insects, rodents, vermin or other pests.
N. Let or Let for Occupancy: To permit, provide or offer possession or
occupancy of a Hotel Room, dwelling unit, rooming unit, building, premise
or structure by a person who is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license.
O. Litter: Garbage, Refuse, Rubbish, and all other waste material
deposited on the ground or in any place other than in an approved garbage
receptacle.
Ordinance 2009-28 (File ID 312) 3
P. Manager: Any person who manages the business operations of any
Hotel, whether a resident manager or general property manager, whose
duties may include the collection of nightly charges, issuing of keys,
direction of maintenance and other personnel, assigning. of Rooms to
Guests, handling guest affairs, and/or overseeing security in addition to
other general duties involved with operating a Hotel.
Q. Motel: Shall mean Hotel as defined in this section.
R. Occupant: Any person sleeping, eating in, or having actual
possession of a Guest Room.
S. Operator: Any Person who is the proprietor of any Hotel whether in
the capacity of the owner, lessee, receiver, sub-lessee, franchisee,
mortgagee in possession, or the agent of any of the aforementioned, who
offers or accepts payment for Rooms, Guest Rooms, sleeping
accommodations, or board and lodging, and retains the right of access to,
and control of the dwelling units or Room(s).
T. Owner: Any Person having a legal or equitable interest in the Hotel
property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of
the property, including the agent or representative of any such person, the
guardian of the estate of any such Person, and/or the executor or
administrator of the estate of such Person if ordered to take possession of
real property by a court.
U. Permit Department: The department operated and maintained by the
Town of Trophy Club that is responsible for acceptance and review of
permit applications and the issuance of permits.
V. Person or Persons: An individual, corporation, nonprofit corporation,
association, church, organization, society, joint venture, or any other legal
entity, including their employees, contractors, agents, members, heirs,
executors, administrators, assigns and representatives.
W. Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks,
laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste
sewer pipes and sewage systems, septic tanks, drains, vents, traps, and
any other fuel-burning or water-using fixtures and appliances, private fire
hydrants, and all connections to water, waste, sewer, or gas pipes.
X. Potable Water: Water duly approved as satisfactory and safe for
drinking by the water utility department serving the Town.
Ordinance 2009-28 (File ID 312) 4
Y. Refuse: All putrid and nonputrid solid waste (except body waste)
including, but not limited to, Garbage, Rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
z. Rubbish: Nonputrid solid waste consisting of either combustible or
noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
AA. Substandard Building: A building which, by reason of faulty
construction, age, or lack of maintenance or repair, fails to meet the
minimum property standards imposed by applicable provisions of the state
and local regulations, including without limitation, the Town's ordinances
regulating buildings and the International ProP€?rty Maintenance Code, as
amended.
BB. Utility Company: The entity providing gas, electric service, water or
sanitary sewer to a Hotel.
Section 17.02 Hotel Permit
A. It shall be unlawful for any Person to own, operate, manage or
maintain a Hotel in the Town of Trophy Club without a current and valid
Hotel Permit having been issued for said Hotel. Any Person owning,
operating, managing or maintaining a Hotel at more than one location shall
obtain a Hotel Permit for each separate location.
B. The annual fee for a Hotel Permit shall be Seventy-Five Dollars
($75.00) plus Ten Dollars ($10.00) per Guest Room, or as otherwise set
forth in the Town's Fee Ordinance. In the event of a conflict between this
Article and the Town's Fee Ordinance, the latter shall control.
C. An applicant for a Hotel Permit shall file with the Permit Department a
written application upon a Town form provided for that purpose. Such
application shall be signed by either the Owner, or the Manager of the
Hotel for which the Permit is sought. Should a Person own a Hotel at more
than one (1) location, a separate application shall be filed for each location.
The following information shall be required in the application:
I. Trade Name of Hotel
2. Address of Hotel
3. Telephone Number of Hotel
4. Name of Owner
5. Address of Owner
Ordinance 2009-28 (File ID 312) 5
6. Telephone number of: (1) non-resident owner, (2) property manager
and/or resident manager, (3) mortgagee (if there is a mortgage
against property)
7. Names and addresses of all registered agents in case the parties
above named are corporations
8. Number of rooms, broken down as to number of suites, king, queen,
or other designations
D. An Owner of a Hotel shall also provide the Permit Department with a
list of any and all trade names under which such Owner operates.
E. The Building Official may, at any time, require the Owner or Manager
to provide additional information that the Building Official determines
reasonably necessary to clarify items or supplement information provided
on the application for Hotel Permit.
F. A Hotel Permit shall be effective from January 1 to December 31 of
each calendar year. The Owner or Manager of a Hotel shall apply for a
new Hotel Permit each calendar year, completing a new application and
obtaining a new Hotel Permit within two months prior to the expiration of
the existing Hotel Permit.
G. In the event that a new Hotel is constructed, the Owner or Manager
shall submit an application for a Hotel Permit at the same time that a
Certificate of Occupancy application is submitted. A final inspection for
Certificate of Occupancy will not be completed until an application for a
Hotel Permit has been submitted and reviewed. Upon approval of the final
inspection for the new Hotel, the Certificate of Occupancy and Hotel Permit
shall then be issued. Hotel Permit fees are not collected for the initial Hotel
Permit issued with the Certificate of Occupancy. Hotel Permit fees are
collected when the Owner or Manager of the Hotel applies for a new Hotel
Permit each calendar year.
H. Upon a change in ownership of a Hotel, a new Certificate of
Occupancy must be obtained within thirty (30) days of such change of
ownership by filling out the appropriate application and paying the
appropriate fee to the Permit Department at the Town of Trophy Club
municipal offices. Once processed, the Building Official will inspect the
Hotel, and upon approval of the Certificate of Occupancy inspection, shall
transfer the Hotel Permit to the new Owner. The new Owner must apply
for each subsequent annual Hotel Permit in accordance with the timeline
set forth in Subsection F above.
I. The Owner shall also notify the Town in writing of a change of
Manager within thirty (30) days of the date of such change.
Ordinance 2009-28 (File 10 312) 6
J. A Hotel Permit issued pursuant to this Article shall be posted and
displayed in the Hotel in a conspicuous place to which guests have access.
K. A replacement Hotel Permit may be issued for one lost, destroyed or
mutilated upon application on the form provided by the Permit Department.
A replacement Hotel Permit shall have the word "Replacement" stamped
across its face and shall bear the same number as the one it replaces.
L. A Hotel Permit is neither assignable nor transferable except where
such transfer is approved by the Town in conjunction with the issuance of a
new Certificate of Occupancy and approved inspection granted to a new
Owner.
Section 17.03 Guest Registration Requirements
A. Each Owner, Operator, or Manager shall cause to be maintained a
complete register for each Person to whom any Room at a Hotel is let. The
register shall be made available to the Building Official upon request and
shall contain the following information for guests of the Hotel:
1. Correct name and permanent address, designating street and
number, city, state and country;
2. Actual dates of occupancy indicating check-in-time, checkout time
and room number;
3. Number of individuals staying in the room.
B. Register records shall be maintained for a period of two (2) years for
each Person who lets any Room at a Hotel.
Section 17.04 Hotel Permit Standards
It shall be a violation of this Article for an Owner, Operator, or Manager to
recklessly cause, allow, suffer or permit a violation of anyone or more of
the following provisions of this Article and to fail to remedy such violation in
accordance with a written notice issued by the Building Official:
A. The Hotel premises, including without limitation all common interior
areas and all exterior areas, and all Hotel Rooms shall comply with all
applicable state laws and Town ordinances, including without limitation, all
Building Codes, health, zoning and other applicable Codes and all
requirements imposed by this Article.
B. Protection of Materials. All wood shall be protected against termite
damage and decay as provided in the Code of Ordinances of the Town.
Ordinance 2009-28 (File 10 312) 7
C. Ventilation in Guest Rooms. All Guest Rooms shall be provided with
either natural ventilation or mechanical ventilation that meets or exceeds
the following criteria:
1. Natural Ventilation. All Guest Rooms shall be provided with natural
ventilation by means of screened exterior openings which are capable
of being opened. Such openings shall have an area of not less than
one-twentieth (1120) of the floor area of the Guest Room with a
minimum of five (5) square feet; or
2. Mechanical Ventilation. If a mechanical ventilation system is provided
in lieu of natural ventilation the ventilation system shall be capable of
providing two (2) air changes per hour in all Guest Rooms and in public
corridors. One-fifth (1/5) of the air supply shall be taken from outside of
the Hotel.
D. Ventilation in Other Areas. In Bathrooms, water closet compartments,
laundry rooms and similar rooms a mechanical ventilation system
connected directly to the outside, capable of providing five (5) air changes
per hour, shall be provided.
E. Bathroom Requirement, Conditions, and Cleanliness. Every Guest
Room shall be provided with a bathroom equipped with facilities consisting
of at least a toilet, a sink, and either a bathtub or a shower. All bathroom
fixtures (e.g. toilet, bathtub, sink, shower, mirror) shall be maintained
without cracks, chips, or stains. Floors shall be washed with water and a
sanitizer at change of occupancy or at least once a week when occupancy
does not change. Daily cleaning schedules shall be in writing and
maintained in the Manager's office.
F. Room Separation. Every water closet, bathtub or shower required by
this Article shall be installed in a Room which will afford privacy to the
Occupant. A Room in which a water closet is located shall be separated
from food preparation or storage rooms by a tight-fitting, self-closing door.
G. Plumbing Requirements. All plumbing fixtures shall be connected to a
sanitary sewer or to an approved private sewage disposal system. All
plumbing fixtures shall be connected to an approved system of potable
water supply and provided with hot and cold running water necessary for its
normal operation. All plumbing fixtures shall be of an approved glazed
earthenware type, stainless steel, or of a similarly nonabsorbent material.
Wooden sinks or sinks of similarly absorbent material shall not be
permitted.
H. Installation and Maintenance. All sanitary facilities shall be installed
and maintained in safe and sanitary condition and in accordance with all
applicable laws. The Owner or Operator shall ensure that water service is
Ordinance 2009-28 (File ID 312) 8
provided at all times. It is an affirmative defense to this section that it is
impossible to provide water services because of an act of God.
I. Water Heating Equipment. The Hotel water heating system shall be
maintained in good working order, which shall be connected with Utility
Company water lines and shall be capable of heating water to such a
temperature as to permit at all times an adequate supply of Hot Water to be
drawn at every sink, lavatory basin, and bathtub or shower at a
temperature of not less than one hundred ten (110) degrees Fahrenheit.
J. Egress Required. In all lodging establishments, there shall be provided
a safe and unobstructed means of egress leading to safe and open space
at ground level. When an unsafe condition exists through lack of, or
improper location of exits, the Building Official, Health Inspector, or Fire
Inspector, or their respective designee may require the Owner to install
additional exits.
K. Heating Facilities Required. Every Guest Room shall be equipped with
heating facilities which are capable of safely and adequately heating all
Rooms and habitable areas to a temperature of at least sixty-eight (68)
degrees Fahrenheit at a distance of three (3) feet above floor level which
are operable whenever necessary to maintain said temperature.
L. Cooling Facilities Required. Every Guest Room shall be equipped with
cooling facilities which are capable of safely and adequately cooling all
Rooms and habitable areas to a temperature of at least Eighty (80)
degrees Fahrenheit at a distance of three (3) feet above floor level which
are operable whenever necessary to maintain said temperature.
M. Heating Appliance Requirements. Where fuel buming appliances are
installed and properly vented, said appliances shall be rigidly connected to
their fuel supply outlets and securely installed to avoid accidental
displacement. Heating appliances which are connected to their fuel supply
lines and which are not connected to exhaust vents that will safely exhaust
carbon monoxide fumes to the outdoors are prohibited. No person shall
replace an existing appliance without first obtaining the proper permit(s)
issued by the Permit Department and without allowing the work to be
inspected by the Building Official if a permit for that work is required.
N. Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes,
rips or odors in excess of normal wear and tear, and maintained in a
sanitary, non-defective condition.
O. Floor Condition/Cleanliness. Non-carpeted floor surfaces shall be
made of nonabsorbent material. All surfaces and tile grouting shall be
maintained without cracks, rips or missing elements.
Ordinance 2009-28 (File ID 312) 9
P. Wall Condition/Cleanliness. Wall and ceiling surfaces shall be
maintained without spots, stains, flakes, chips, holes. etc., and be
maintained in a clean and sanitary condition.
Q. Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures
shall be free from mold and mildew.
R. Electrical Equipment. For the purpose of this Article, electrical
equipment shall include fumiture items installed by the Owner, Operator or
Manager, including televisions, lamps, etc. All electrical items must be
properly maintained and must be in operable condition.
s. Furniture Condition. All furniture items shall be maintained in proper
working condition, without defects, chips, holes, etc.
T. Shades, draperies or blinds shall be appropriately hung to cover all
windows and appropriate light fixtures. All shades, draperies, blinds, shall
be free of stains, holes, rips or odors in excess of normal wear and tear,
and shall be maintained in a sanitary, non-defective condition.
U. Sanitation. All Hotel Rooms shall be thoroughly cleaned and provided
with clean and sanitary sheets, towels and pillowcases upon a change of
occupancy, or at least once a week when occupancy does not change.
Daily cleaning schedules shall be in writing and shall be maintained in the
Manager's office.
v. General Conditions. The exterior and interior Hotel premises shall at
all times be maintained in a good condition free from Rubbish, Garbage,
Refuse, and Litter.
w. Windows. All windows designed to be opened shall be operable and
have an operable window security or locking device. All window panes
shall be properly maintained and not broken.
x. Door locks. All Rooms are required to be outfitted with exterior
electronic/magnetic locks for guests to gain access to their rooms or by
locks that meet with the approval of the Building Official. All locks must
comply with state and local laws.
Y. Security bars. If any security bars are installed over windows or doors,
the bars shall be equipped with approved release mechanisms which are
operable from inside the Room without the use of a key, card, or
combination. The release mechanisms for such bars shall not require any
special knowledge or effort to operate.
Ordinance 2009-28 (File ID 312) 10
z. Wells. All wells, cesspools, and cisterns shall be securely covered or
securely closed.
AA. Sidewalks, etc. All sidewalks, ramps, bridges, parking lots, stairs and
steps shall be properly maintained and shall comply with applicable Town
Ordinances.
BB. Fences. All fences and screening fences shall be properly maintained
and shall comply with applicable Town ordinances.
CC. Parking Lots. All parking lots shall be properly maintained and shall
comply with applicable Town Ordinances. All parking markings and fire
lane markings shall be legible and maintained in accordance with
applicable laws. An Owner or Operator shall ensure that Guests do not use
parking lots or Hotel premises for the storage of heavy load, tractor trailers,
or heavy equipment.
DO. Insect Treatment Required. All Hotel premises shall be free from
Infestation and shall be treated for the extermination of insects at least
once a year by a State of Texas licensed exterminator.
EE. Rodent, Insects, and Vermin. All Hotel premises shall be maintained
so that they are free from Infestation of rodents, insects, and vermin and
free from conditions that encourage or harbor rodents, insects, and vermin.
Section 17.05 Inspections, Re-inspections and Certificate of
Occupancy
A. The Owner, Operator, and Manager as a condition to the issuance of
the annual Hotel Permit required by this Article, shall consent and agree to
permit and allow the Town's Building Official to make the following
inspections of the Hotel when and as needed to ensure compliance with
this Article:
1. Right and access to inspect all portions of the Hotel premises and
structures located on the Hotel premises that are not Guest Rooms.
This includes all storage areas, community buildings, swimming pools,
athletic facilities, club rooms, equipment rooms and all other portions of
the facilities not constructed as Guest Rooms, upon reasonable advance
verbal or written notice being given to the Owner, Operator or Manager.
2. Right and access to inspect all unoccupied Guest Rooms upon giving
reasonable verbal or written notice to the Owner, Operator or Manager.
3. Right and access to inspect all occupied Guest Rooms when, upon
receipt of reliable information, the Building Official has reason to believe
Ordinance 2009-28 (File 10 312) 11
that violations of the Code of Ordinances of the Town or State law exist
that involve serious threats to life, safety, health and property.
4. Annually, the Owner, Operator or Manager shall make all Guest Rooms
in the Hotel available for inspection by the Building Official. The Building
Official and the Owner, Operator and Manager shall agree on a
reasonable date and time for each annual inspection. In the event the
parties cannot agree on an inspection time, said annual inspection shall
occur within fourteen (14) days of the anniversary date of the application
for the Hotel Permit.
B. The Building Official, may enforce the provisions of the Article, upon
presentation of proper identification to the Occupant in charge of any unit,
and may enter, with the Occupant's permission, any Guest Rooms
between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in
cases of emergency where extreme hazards are known to exist which may
involve imminent injury to persons, loss of life or severe property damage,
the Building Official may enter the aforementioned Guest Rooms at any
time and the requirement for presentation of identification and the
Occupant's permission shall not apply. Whenever the Building Official is
denied admission to inspect any Guest Room or Hotel premises under this
provision, inspection shall be made only under authority of a warrant issued
by a magistrate authorizing the inspection. In applying for such a warrant,
the Building Official shall submit to the magistrate an affidavit setting forth
his belief that a violation of this Article exists with respect to the place
sought to be inspected and the reasons for such belief. Upon a finding of
probable cause by a magistrate, a warrant shall issue, and such warrant
shall constitute authority for the Building Official to enter upon and inspect
the Hotel premises or portion thereof described therein.
c. In the event any of the inspections authorized in this Article require a
second reinspection due to noted violations, a $47.00 (Forty-Seven Dollar)
reinspection fee or such other reinspection fee as designated in the Fee
Schedule adopted by the Town shall be paid prior to the second
reinspection. In the event of a conflict in the amount due specified under
this Article and the Town's Fee Schedule, the amount set forth in the
Town's Fee Schedule shall control.
D. Certificate of Occupancy / Non Exclusive Remedies
If the Owner, Operator or Manager fail to comply with the terms of this
Article within thirty (30) days after receipt of written notice from the Building
Official setting out the number and nature of violations of this Article and/or
state law and the time allowed to rectify such violations, the Owner's
Certificate of Occupancy may be revoked and the Hotel Permit authorized
by this Article may be cancelled. Failure to comply may also result in the
Owner, Operator, or Manager being issued Class C Misdemeanor citations
Ordinance 2009-28 (File ID 312) 12
for such violations in accordance with Section 17.07 of this Article.
Additionally, the Building Official may notify any and all Utility Companies
serving the Hotel that the Hotel's certificate of occupancy has been
revoked and request that all public utility services be discontinued. The
remedies set forth in this Article are not exclusive. The Town may exercise
all legal rights and remedies available to it under State law, this Article, or
any other Ordinance of the Town of Trophy Club, both criminal and civil in
nature and whether at law or in equity.
E. Reinstatement.
Any person requesting a reinstatement or reissuance of the Certificate of
Occupancy shall be required to apply for and receive a new Hotel Permit
issued under this Article as a condition precedent to the reissuance or
reinstatement of the Certificate of Occupancy.
Section 17.06 Appeals to the Town
The Owner, Operator, or Manager of a Hotel subject to this Article may
appeal any decision or order of the Building Official to the Town Council of
the Town of Trophy Club, Texas. Such appeal shall be filed at the Office of
the Town Secretary, shall be in writing, and shall specifically state the basis
for the appeal from the decision or order of the Building Official. An appeal
under this section shall be filed within five (5) working days (Monday
through Friday). excluding holidays, after the decision or order appealed
from has been issued in writing by the Building Official, shall be filed during
regular business hours and shall be submitted by the appellant on a form
supplied by the Town Secretary.
Within thirty (30) days after receiving the written appeal, the Town
Secretary shall fix a date, time and place for the hearing of the appeal by
the Town Council, which may be held at a regular or special called meeting
of the Council. Written notice of the date, time and place of the hearing
shall be given to each appellant by the Town Secretary, either by causing a
copy of such notice to be delivered to the appellant personally or by mailing
a copy thereof, postage prepaid, addressed to the appellant at his address
shown on the written appeal.
Failure of any person to file an appeal in accordance with the provisions of
this Article shall constitute a waiver of such Person's right to a hearing by
the Town Council, and such failure shall render the decision or order of the
Building Official as final.
Orders of the Building Official are stayed pending appeal.
Ordinance 2009-28 (File 10 312) 13
Section 17.07 Penalty
Any Owner, Operator, or Manager who intentionally, knowingly, or
recklessly violates anyone or more of the provisions of this Article shall,
upon conviction in Municipal Court, be guilty of a Class C Misdemeanor for
which a fine of not less then One Dollar ($1.00) nor more than Two
Thousand Dollars ($2,000.00) shall be assessed, and a separate offense
shall be deemed committed for each day or part thereof during or on which
a violation occurs or continues to exist. Fines assessed hereunder shall be
in addition to and cumulative of all other remedies allowed at law or in
equity, including without limitation, nuisance abatement, injunctive relief,
civil suit, and/or collection of damages."
SECTION 3.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting hotels and hotel
regulations which have accrued 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 4.
CUMULATIVE REPEALER
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. 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 such Ordinance on the date of
adoption of this Ordinance shall continue to be govemed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word 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 this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Ordinance 2009-28 (File 10 312) 14
SECTION 6.
PUBLICATION
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
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage and publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of November 2009.
ATTEST:
Qi;a ;J/l ae!-.
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adam~Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-28 (File 10 312)
[SEAL]
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