HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 5_5/19/1994 BILL NO. A , 1993
ORDINANCE NO. 7 S , 1993 l�
AN ORDINANCE OF THE TOWN OF LAKE PARK,
FLORIDA, AMENDING CHAPTER 9 (FIRE PREVENTION
AND PROTECTION) , ARTICLE I (IN GENERAL) , BY
PROVIDING FOR RECOVERY BY THE TOWN OF COSTS
INCURRED PURSUANT TO A SECURITY WATCH OF A
BUILDING, FOR CLEAN-UP AND DISPOSAL OF
HAZARDOUS WASTE, FOR DETECTION, CLEAN-UP AND
RESTORATION RELATED TO POLLUTION AND FOR
DAMAGED, DESTROYED OR EXPENDED FIRE EQUIPMENT
AND MATERIAL; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE TOWN OF LAKE PARK,
FLORIDA, AS FOLLOWS:
SECTION I
That the Lake Park Code is hereby amended by adding a new
section to be numbered Section 9-11, which said Section 9-11 shall
read as follows:
8ec.9-11. Recovery of costs incurred by the Town.
(a) Incident security watch cost recovery. When an emergency
incident causes a building or structure to be no longer secure
against unauthorized entry, or when origins of a fire are of a
suspect nature, the fire department may post a security watch until
the required investigations have been completed by all proper
authorities. This watch may be relieved when authorized by the
fire chief or the on-duty senior fire officer upon adequate
security measures being taken to secure the structure or upon
completion of the investigation. The Town shall be entitled to
recover the cost of this security watch at the rate of eighty-five
dollars ($85.00) per hour per engine company beginning two (2)
hours after the fire operations team has secured the building or
structure. The initial two (2) hour period after the building has
been secured shall be considered a combined watch for smoke and
fire regeneration and for security purposes for which costs shall
be incurred by the Town.
(b) Hazardous waste cleanup and disposal. Fire Department
personnel shall be authorized to contract with public agencies and
private hazardous waste disposal companies to provide for
expeditious removal and disposal of accidental spills and other
removal and disposal of hazardous substances. The severity and
toxicity of a spill or other hazardous substance situation may be
considered in evaluating the response capability of an agency or
company. The selection of the entity appropriate for handling
hazardous waste removal may be made on a case by case basis. The
Town shall be entitled to recover costs and expenses incurred
pursuant to this paragraph.
(c) Equipment or material cost recovery. During an emergency
incident, in the event either equipment or material of the Fire
Department is either damaged, destroyed, or expended so that said
equipment or material can no longer be used by the Department, the
Town shall be entitled to recover the cost of replacement or repair
of said equipment or material.
(d) pollution detection, clean-up and restoration. Any
person responsible for an improper discharge of hazardous waste or
for any other pollution within the Town shall be liable to the Town
for any damage caused to the air, waters, or property, including
animal, plant, or aquatic life, of the Town and for reasonable
costs and expenses of the Town in tracing the source of the
discharge, in controlling and abating the source and the hazardous
waste or other pollutants, and in restoring the air, waters, and
property, including animal, plant, and aquatic life of the Town to
their former condition. Whenever two or more persons are
responsible for the actions specified herein, each such person
shall be jointly and severally liable for said damages, costs and
expenses. The term "pollution" as used herein shall have the
meaning given pursuant to Chapter 403, Florida Statutes.
(e) Collection. The services rendered and costs incurred
pursuant to this Section 9-11 shall be considered services and
costs of direct benefit to the property owner and any lessee or
occupant. Accordingly, the property owner and any lessee or
occupant of the property shall be jointly and severally liable for
said services and costs. Said liability shall be in addition to
liability imposed on other persons by this section or by other law.
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Payment therefor shall be due and owing within thirty (30) days
following presentation of an invoice by the Town. Failure to pay
these charges shall be considered a violation of the Code and
collection may be enforced by imposition of a lien upon the subject
property and foreclosure thereupon or by other legal proceeding for
which venue shall lie in Palm Beach County, Florida.
(f) This section shall not be construed to require the Town
to provide services or incur costs on behalf of private property.
SECTION IL
That should any section or provision of this Ordinance or any
portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part
thereof other than the part to be declared invalid.
SECTION III
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of the Town of Lake Park,
Florida. The Sections of this Ordinance may be renumbered or
relettered to accomplish such; and the word "Ordinance," may be
changed to "Section," "Article," or other appropriate word.
SECTION IV
All ordinances of the Town of Lake Park in conflict with any
provisions of this Ordinance are hereby repealed to the extent of
such conflict.
SECTION V
This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 17thDAY OF NOVEMBER , 1993.
PUBLISHED IN THE PALM BEACH POST THIS 5th
DAY OF DECEMBER , 1993.
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PLACED ON SECOND, FINAL READING AND ADOPTED THIS 15th DAY OF
DECEMBER , 1993.
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APPROVED AS TO FORM
AND LEGAL S FFICIENCY:
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TEM:13668-1\Ordinanc\Security.Ord
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