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ORD 2022-16 - Property Maintenance CodeTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2022-16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING SECTIONS 3.03.351, "ADOPTION" AND 3.03.352, "AMENDMENTS" OF DIVISION 8, "PROPERTY MAINTENANCE CODE", WITHIN ARTICLE 3.03, "TECHNICAL AND CONSTRUCTION CODES AND STANDARDS", OF CHAPTER 3, "BUILDING REGULATIONS' OF THE TOWN'S CODE OF ORDINANCES AND ADOPTING NEW SECTIONS 3.03.351, "ADOPTION" AND 3.03.52, "AMENDMENTS" OF DIVISION 8, "PROPERTY MAINTENANCE CODE", WITHIN ARTICLE 3.03, "TECHNICAL AND CONSTRUCTION CODES AND STANDARDS" OF CHAPTER3, "BUILDING REGULATION' OF THE TOWN'S CODE OF ORDINANCES; PROVIDING FOR THE INCORPORTION OF PREMNISES; PROVIDING FOR AMENDMENTS REPEALING THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND ADOPTING THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, PROVIDING FOR A CUMULATIVE REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town adopted the 2021 Edition of the International Property Maintenance Code in 2022; and WHEREAS, the Town of Trophy Club Building Official and Community Development Department have reviewed the International Property Maintenance Code, 2021 Edition, (hereinafter "IPMC") and find that it is in the best interest of the Town of Trophy Club to repeal the 2009 Edition of the IPMC and to adopt the 2021 Edition of the International Property Maintenance Code; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to repeal the 2009 Edition of the International Property Maintenance Code and to adopt the updated 2021 Edition of the International Property Maintenance Code as specified in this Ordinance to safeguard the health, property, safety and general welfare of the citizens of the Town of Trophy Club by regulating and ORD 2022-16 92 governing the safety and welfare in both existing residential and nonresidential structures and on all existing premises, establish minimum maintenance standards, regulating the use of existing structures and premises, and providing inspection of structures and premises. 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. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 3. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. ORD 2022-16 93 Page 2 of 4 SECTION 5. PENALTY 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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. EFFECTIVE DATE This Ordinance shall take effect on May 1, 2022, 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 26th day of April 2022. A A ORD 2022-16 94 Page 3 of 4 ATTEST: Anita Otterson, Active Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: David Dc d,,, `6Wn Attorney Town of rophy Club, Texas ORD 2022-16 95 Page 4 of 4