04-037 - OTOWN OF PROSPER, TEXAS
\ORDINANCE NO. 04-37
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE
2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE;
REGULATING ALL EXISTING RESIDENTIAL AND NONRESIDENTIAL
STRUCTURES AND ALL EXISTING PREMISES BY ESTABLISHING
MINIMUM REQUIREMENTS AND STANDARDS FOR PREMISES,
STRUCTURES, EQUIPMENT, AND FACILITIES FOR LIGHT, VENTILATION,
SPACE, HEATING, SANITATION, PROTECTION FROM THE ELEMENTS,
LIFE SAFETY, SAFETY FROM FIRE AND OTHER HAZARDS, AND FOR
SAFE AND SANITARY MAINTENANCE WITHIN THE TOWN OF PROSPER,
TEXAS; PROVIDING FOR A PENALTY FFOR_T+IE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council') has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to adopt the 2003 Edition of the International Property
Maintenance Code, copyrighted by the International Code Council, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of the 2003 International Property Maintenance Code. The
International Property Maintenance Code, 2003 Edition, copyrighted by the International Code
Council, Inc., is hereby adopted as the property maintenance code for Prosper, regulating all
existing residential and nonresidential structures and all existing premises by establishing
minimum requirements and standards for premises, structures, equipment, and facilities for
light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from
fire and other hazards, and for safe and sanitary maintenance within Prosper (the "2003
International Property Maintenance Code"). The 2003 International Property Maintenance Code
is made a part of this Ordinance as if fully set forth herein. A copy of the 2003 International
Property Maintenance Code, 2003 Edition, copyrighted by the International Code Council, Inc.,
is on file in the office of the Town Secretary of Prosper being marked and designated as the
2003 International Property Maintenance Code.
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and
effect.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and
every day that such violation continues shall be considered a separate offense; provided,
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however, that such penal provision shall not preclude a suit to enjoin such violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional.
SECTION 6: Effective Date. This Ordinance shall become effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 13th day of April, 2004.
CHARLE D3 AN , MAYOR
ATTESTED AND CORRECTLY
RECORDED:
Date(s) of PublicationG Gr'�/lwnic (A',/%d(�a'o�1'..r/ 7 , The Dallas Morning News — Collin County Edition
ORDINANCE ADOPTING THE 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE — Page 2
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