HomeMy WebLinkAboutOrdinance_16-12_11/08/2012 ORDINANCE NO. 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 -
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; 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 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 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:
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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. Florida 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 master
magistrate 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:
See. 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 masteF strate 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:
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Sec. 34 -125. — Fee schedule; payment of fees.
(a) [This subsection shall 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 feview bef fe the
Le.&rral to a debt collection
agency. The collection fee, including any reasonable attorney's fee. Paid to the debt collection
agma 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 shall take effect immediately upon adoption.
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Upon Second Reading this 8 day of November 2012, the foregoing Ordinance was offered by
Council Member Brennan who moved its adoption. The motion was seconded by Council
Member D'Ambra and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Frank D'Ambra X
Council Member Steve Okun X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of November
2012.
MAYOR OF TEQUESTA
Tom Patertk
ATTEST:
Lori McWilliams, MME 0 9'x"`
Village Clerk
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