ORD 2012-34TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-34
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ARTICLE XVI ENTITLED "INTERNATIONAL PROPERTY
MAINTENANCE CODE" OF CHAPTER 3 ENTITLED "BUILDINGS AND
CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE TOWN
OF TROPHY CLUB, TEXAS AND ADOPTING A NEW ARTICLE XVI
ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE" OF
CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE
CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AN AMENDMENT REPEALING THE 2003 INTERNATIONAL
PROPERTY MAINTENANCE CODE WITH LOCAL AMENDMENTS AND
ADOPTING THE 2009 EDITION OF THE INTERNATIONAL PROPERTY
MAINTENANCE CODE WITH LOCAL AMENDMENTS THERETO, A
COpy OF WHICH IS ATTACHED HERETO AS EXHIBIT "A";
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; 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; 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 2003 Edition of the International Property
Maintenance Code in 2008; and
WHEREAS, the Town of Trophy Club Building Official and Community
Development Department have reviewed the International Property Maintenance Code,
2009 Edition, (hereinafter "IPMC") and find that it is in the best interest of the Town of
Trophy Club to repeal the 2003 Edition of the IPMC and all local amendments thereto
and to adopt the 2009 Edition of the International Property Maintenance Code and local
amendments thereto as reflected in Exhibit "A" to this Ordinance; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it
necessary and beneficial to repeal the 2003 Edition of the International Property
Maintenance Code and local amendments thereto and to adopt the updated 2009
Edition of the International Property Maintenance Code and local amendments 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 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.
AMENDMENTS
2.01. Article XVI entitled "International Property Maintenance Code" of Chapter 3
entitled "Buildings and Construction" adopting the 2003 Edition of the IPMC is hereby
repealed in its entirety, and a new Article XVI entitled "International Property
Maintenance Code" of Chapter 3 entitled "Buildings and Construction" containing the
2009 Edition of the International Property Maintenance Code and local amendments
thereto, is hereby adopted as more fully set forth in Exhibit "A", a copy of which is
attached hereto and incorporated herein.
SECTION 3.
CUMULATIVE REPEALER
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 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
ORD 2012-34 Page 2 of4
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 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.
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.
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 8.
EFFECTIVE DATE
This Ordinance shall take effect on January 1, 2013, 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 10th day of December, 2012.
ArrEST: APPROVED AS TO FORM:
~~~~~""'*'"":-.=?ttiM~ ~~,--
Po atricia A Adams, Town Attorney
wn of Trophy Club, Texas
OJ
ORD 2012-34
Connie White, Mayor
Town of Trophy Club, Texas
Page 3 of4
EXHIBIT A
INTERNATIONAL PROPERTY MAINTENANCE CODE
Proposed Adoption.
The 2009 edition of the International Property Maintenance Code of the International
Code Council is from the effective date hereof, hereby adopted as the property
maintenance code of the Town of Trophy Club. One copy of such International Property
Maintenance Code is incorporated herein by reference and shall have been filed for
permanent record and inspection in the office of the city secretary.
Amendments.
Amendments to the International Property Maintenance Code adopted herein are as
follows:
(1) (Page 3, Section 107)
Section 107 is hereby amended as follows:
107 Notices and Orders. (delete)
(2) (Page 4, Section 108)
Section 108 is hereby amended as follows:
108 Unsafe Structures and Equipment. (delete)
(3) (Page 5, Section 109)
Section 109 is hereby amended as follows:
109 Emergency Measures. (delete)
(4) (Page 5, Section 110)
Section 110 is hereby amended as follows:
110 Demolition. (delete)
(5) (Page 6, Section 111)
Section 111 is hereby amended as follows:
111 Means of Appeal. (delete)
ORD 2012-34 Page 4 of4