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Home My WebLink AboutDocumentation_Regular_Tab 12_11/08/2012 VILLAGE CLERK a Redistributed from 10/11/12 AGENDA ITEM TRANSMI7 Meeting Meeting Date: Meeting 1`ype: Regular Ordinance #: 16-12 10/11/12 Consent Agenda: No Resalution #: Originating Deparhnent: Attorney AGENDA ITEM 71TLE: (Wording form the SUBJECT line of your staff report) �RDINANCE 16-12. FIRST READING, AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTI�N. ARTICLE III. FIRE PREVENTION. AT SECTION 34-61. FLORIDA FIRE PR�VEN710N 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 �E SENT TO THE CODE ENFORCEMENT SPECIAL MASTER FOR THE VILLAGE OF TEQUESTA; PROVIDING THAT SUCH DELINQUENT USER FEES SHALL NOW BE SENl` fi0 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: �h�ose �t: ite3r EXECUTIV� 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 su�ciency) Village Manager: Submit for Council Discussion: � Approve Item: ❑ Deny Item: � �PECIAL INSTRUGTIONS 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 TF� VILLAGE COUNCIL OF TI� VILLAGE OF TEQiTESTA, FLORIDA, AMENDING CHAPTER 34. FIRE PROTECTION AND PREVENTION. ARTICLE III. FIRE PREVENTION. AT SFCTION 3461. FLORIDA FIRE PREVENTION CODE ADOP'TED. AND SECTION 3463. FEES. TO REPLACE ALL REFERENCES TO SPECIAL MASTERS W1TH REFERENCES TO SPECIAL MAGISTRATES; BY FURTHER AMENDING CHAPT'ER 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 TI� CODE ENFORCEMENT SPECIAL MASTER FOR TI� 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 O'THER SECTION AND SUB-SECTION OF CHAPTER 34. F1RE PROECTION AND PREVENTION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOP'TED; PROVIDWG A CONFLICTS CLAUSE, A SEVERABILTTY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFF�CTIVE DATE; AND FOR OTHIIt 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 Chdinances in order to replace all references to special masters with references to special magistrates in order to achieve internal 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 elirriinate 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 WFIEREAS, 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 TT ORDAINED BY TI� VILLAGE COUNCIL OF TI� VII.LAGE OF TEQUESTA, FLORIDA, THAT: -1- Section 1: Chapter 34. Fire Protection and Prevention. Article III. Fu+e Prevention. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 3461. Florida Fire Prevention Code adopted; to replace all references to special masters with references tc� special magistrates. Section 34-61. Florida Fire Prevention Code adopted. shall hereafter read as follows: Sec. 34-61. - Florida �re Prevention Cale adopted. J (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 � m�isa�of the village pursuant to the terms of chapter 2, article IV. Section 2: Chapter 34. Fire Protection and Prevention. Article III. Fire Preventian. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 3463. F�s; to replace all references to special masters with references to special magistrates. Section 3463. 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 � maeistrate of the village pursuant to the terms of chapter 2, article N. 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 34125. 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 c�llection agency for collection purposes. Section 34125. Fee schedule; payment of fees. sha11 hereafter read as follows: -2- Sec. 34-125. — Fee schedule; �yment of fees. (a) [This subsection sha11 rema.in in full force and effect as previously adoptedJ (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 wnder this section shall be pa.id within 60 days after receipt of an itemiz� 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 , ll aeencv. The coL1P-c_�r_;�n fee_ includin� anv reasonable attomev's fee. oaid to the debt collection agen�sh�ll be in accordance with Flori law. Section 4: Each and every other section and subs�tion 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: Shauld 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 shall take effect immediately upon adoption. -3-