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
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[SEAL]
I(J
Town Attorney
Town of Trophy Club, Texas