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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] 15