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ORD 2008-02TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE Vlll, ENTITLED "SCHEDULE OF FEES", BY AMENDING SECTION "SECTION 8.03" "COMMUNITY DEVELOPMENT DEPARTMENT;" PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2007-09 was adopted on February 19, 2007 and provided for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as "Town"); and WHEREAS, the Town Council has determined that enacting Expired Permit Reissuance Fees are necessary to be in compliance with the Town's adopted International Building Code which ensures timely project completion; and WHEREAS, the Town Council hereby finds that the amendment of Section 8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town is hereby amended to revise Section 8.03, entitled "Community Development Department" so that Section 8.03 is hereby revised to enact as follows: DD. Expired Permit Reissuance Fee: As per Section 105.3.2 of the 2003 International Building Code, a permit for any purposed work shall be deemed to be abandoned after 180 days of permit issuance, unless project completion has been pursued in good faith since permit issuance; except that the Building Official is authorized to grant one or more extensions of time, additional periods not to exceed 90 (ninety) days each. The extension shall be requested in writing and justifiable cause demonstrated and the Building Official will approve or deny the request in writing. A Reissuance fee of 50% of the original building permit cost is required to reactivate any expired permit where an extension was not requested and/or approved. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the permit fees and fees for the re -issuance of expired permits 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 4. 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. 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 and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. 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 7. EFFECTIVE DATE This Ordinance shall take effect from and after its 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 2151 day of January, 2008. Mayor Pro Tem, Susan Edstrom Town of Trophy Club, Texas ATTEST: (F6 n Secretary' ectary Town of Trophy Club, Texas .j y� [SEAL] I(J Town Attorney Town of Trophy Club, Texas