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Home My WebLink AboutDocumentation_Regular_Tab 17_10/11/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 16-12 10/11/12 Consent Agenda: No Resolution #: Originating Department: Attorney AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) ORDINANCE 16-12, FIRST READING, AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTION. ARTICLE III. FIRE PREVENTION. AT SECTION 34-61. FLORIDA FIRE PREVENTION CODE ADOPTED. AND SECTION 34-63. FEES. TO REPLACE ALL REFERENCES TO SPECIAL MASTERS WITH REFERENCES TO SPECIAL MAGISTRATES; BY FURTHER AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTION. ARTICLE V. PRE-HOSPITAL EMERGENCY MEDICAL SERVICE. AT SECTION 34-125. FEE SCHEDULE; PAYMENT OF FEES. TO ELIMINATE THE REQUIREMENT THAT DELINQUENT USER FEES FOR EMERGENCY MEDICAL CARE TREATMENT AND TRANSPORTATION BE SENT TO THE CODE ENFORCEMENT SPECIAL MASTER FOR THE VILLAGE OF TEQUESTA; PROVIDING THAT SUCH DELINQUENT USER FEES SHALL NOW BE SENT TO A DEBT COLLECTION AGENCY FOR COLLECTION BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: . � Appropriate Fund Balance: :�.�: EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) APPROVALS: SIGNAT RE: Department Head Finance Director Reviewed for Financial S fficiency ❑ No Financial Impact Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � ��--� a � � Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them} Form Amended: 10/20/11 ORDINANCE N0.16-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTION. ARTICLE III. FIRE PREVENTION. AT SECTION 34-61. FLORIDA FIRE PREVENTION CODE ADOPTED. AND SECTION 34-63. FEES. TO REPLACE ALL REFERENCES TO SPECIAL MASTERS WITH REFERENCES TO SPECIAL MAGISTRATES; BY FURTHER AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTION. ARTICLE V. PRE- HOSPTTAL EMERGENCY MEDICAL SERVICE. AT SECTION 34-125. FEE SCHEDULE; PAYMENT OF FEES. TO ELIMINATE THE REQUIREMENT THAT DELINQUENT USER FEES FOR EMERGENCY MEDICAL CARE TREATMENT AND TRANSPORTATION BE SENT TO THE CODE ENFORCEMENT SPECIAL MASTER FOR THE VILLAGE OF TEQUESTA; PROVIDING THAT SUCH DELINQUENT USER FEES SHALL NOW BE SENT TO A DEBT COLLECTION AGENCY FOR COLLECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 34. FIRE PROECTION AND PREVENTION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. of the Village Code of Ordinances in order to replace all references to special masters with references to special magistrates in order to achieve intemal consistency with other Code sections and state law; and WHEREAS, the Village Council of the Village of Tequesta, Florida, further desires to amend Chapter 34. Fire Protection and Prevention. Article V. Pre-Hospital Emergency Medical Service. of the Village Code of Ordinances in order to eliminate the requirement that delinquent user fees for emergency medical care treatment and transportation be sent to the code enforcement special master, and to provide that such delinquent user fees shall now be sent to a debt collection agency for collection purposes; and WHEREAS, the Village Council believes this amendment to its Code of Ordinances is in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: -1- Section 1: Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 34-61. Flarida Fire Prevention Code adopted; to replace all references to special masters with references to special magistrates. Section 34-61. Florida Fire Prevention Code adopted. shall hereafter read as follows: Sec. 34-61. - Florida Fire Prevention Code adopted. (a) [This subsection shall remain in full force and effect as previously adopted] (b) [This subsection shall remain in full force and effect as previously adopted] (c) Any fee imposed as established by the village council shall be paid within 30 days after receipt of an itemized bill for such service. Failure to pay any fee imposed under this section within the required time shall subject the party responsible for payment to review before the special � ma�istrate of the village pursuant to the terms of chapter 2, article IV. Section 2: Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 34-63. Fees; to replace all references to special masters with references to special magistrates. Section 34-63. Fees. shall hereafter read as follows: Sec. 34-63. - Fees. (a) [This subsection shall remain in full force and effect as previously adopted] (b) [This subsection shall remain in full force and effect as previously adopted] (c) Failure to pay any fee imposed under this section within the required time shall subject the party responsible for payment to review before the special �s�e� ma�istrate of the village pursuant to the terms of chapter 2, article IV. Section 3: Chapter 34. Fire Protection and Prevention. Article V. Pre-Hospital Emergency Medical Service. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 34-125. Fee schedule; payment of fees. to eliminate the requirement that delinquent user fees for emergency medical care treatment and transportation be sent to the code enforcement special master; and to provide that such delinquent user fees shall now be sent to a debt collection agency for collection purposes. Section 34-125. Fee schedule•, payment of fees. shall hereafter read as follows: -2- Sec. 34-125. — Fee schedule; payment of fees. (a) [This subsection sha11 remain in full force and effect as previously adopted] (b) Fire-rescue emergency medical care service user fees shall be paid in cash. No in-kind contribution for such use is permissible. Any fee imposed under this section shall be paid within 60 days after receipt of an itemized bill for such service. Failure to pay any fee imposed under this section within the required time shall subject the party responsible for payment to r°��°•��'�°� -�° +�° , referral to a debt collection a encv. The collection fee, includin� anv reasonable attorned s fee. naid to the debt collection a�encv shall be in accordance with Florida law. Section 4: Each and every other section and subsection of Chapter 34. Fire Protection and Prevention. shall remain in full force and effect as previously enacted. Section 5: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6: 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 of this ordinance. Section 7: Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 8: This ordinance sha11 take effect immediately upon adoption. -3-