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Home My WebLink AboutDocumentation_Regular_Tab 16_05/09/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 12-13 5/9/13 Consent Agenda: �-4��c�:cse an ite��_ Resolution #: Originating Department: Village Attorney � � � . . • . - : • • - •. Ordinance 12-13, First R�adinq, r�,mendir�g the Viiiage C�de of Ordinances at Chapter 34. Fire Protection and Prevention, by Clarifying Certain Language and Providing for Internal Consistency � . , .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: K�� " �;�. y+�°; Appropriate Fund Balance. "1��e��.� F�� ,��.,arr�. , ' ' • � • • .� � • • .�' .••-� . . Department Head Submitted by Village Attorney Finance Director . Reviewed for Financial Sufficiency � No Financial Impact � _ Attorney: (for legal sufficiency) Village Manager: � . :. . � Submit for Council Discussion: [� ��-_�� ' Approve Item: ❑ Deny Item: � • • - . . - .. -- - . -. .- - . .- .- . ..- . . -._ .._ - . -- . Form Amended: 7/12/12 ORDINANCE NO. 12-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE QF ORDINANCES AT CHAPTER 34. FIRE PROTECTION AND PREVENTION, BY CLARIFYING CERTAIN LANGUAGE AND PROVIDING FOR INTERNAL CONSISTENCY; PROVIDiNG THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 34. 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. WIiEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 34. to clarify certain langua.ge and provide for internal consistency; and WHEREAS, the Village Council of the Village of Tequesta. believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its code as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Cha.pter 34. Fire Protection and Prevention. of the Code of Ordinances of the Village of Tequesta is hereby amended to clarify certain language and provide for internal consistency; providing th�t Chapter 26 sha11 herea.fter read as follows: Chapter 34 FIRE PROTECTION AND PREVENTION ARTICLE II. - FIRE-RESCUE DEPARTMENT __ __ _ _. _ _ _ Sec. 34-31. - Creation. Sec. 34-32. - Chief. Sec. 34-33. - Supervision. Sec. 34-34. - Departmental re�ulations. Secs. 34-35-34-60. - Reserved. 1 Sec. 34-31. - Creation. There is hereby crea.ted the village fire-rescue department, which department shall be composed of the chief of the department and such other personnel and employees as may be appointed thereto by the village manager. Sec. 34-32. - Chief. There is hereby established the position of chief of the fire-rescue department, who sha11 be an appointive administrative official appointed by the village manager. Sec. 34-33. - Supervision. The chief of the fire-rescue department sha11 have control and supervision af all the matters relating to the fire-rescue department, under the supervision of the village manager. The chief shall have the custody and control of all apparatus, machinery or other paraphemalia of the fire-rescue department and shall have the power to use and cause to be put in service a11 or any part of the apparatus belonging to the fire-rescue department. Sec. 34-34. - Departmental regulations. It sha11 be the duty of the chief of the fire-rescue department, with the approval of the village manager and the village council when reauired bv the village charter or administrative code, to make and promulgate rules and regulations goverrung the conduct and duties of the officers and employees of the fire-rescue department, including penalties for the violation of such rules and regulations, and such rules and regulations shall have the authority and force of law. Secs. 34-35--34-60. - Reserved. ARTICLE III. - FIRE PREVENTION _ _. .._ _ __ __ . _ _. Sec. 34-61. - Florida. Fire Prevention Code adopted. Sec. 34-62. - Inspections. Sec. 34-63. - Fees. Sec. 34-64. - Order to correct hazards. Sec. 34-65. - Res,ponsibility for vacant properties. Sec. 34-66. - Accumulations endangering adjacentpremises. Sec. 34-67. - Issuance of permits. Secs. 34-68-34-90. - Reserved. Sec. 34-61. - Florida Fire Preventioa Code adopted (a) There is hereby adopted by the village, for the purpose of prescribing regulations governing conditions hazardous to health, safety, welfare, life and property from fire or explosion, tha.t certain code known as the Florida Fire Prevention Code. (b) A copy of such code is on file with the village clerk, and such code is aze hereby adopted and incorporated as fully as if set out at length in this section, and from the date on which such code sha11 take effect the provisions thereof shall be controlling within the limits of the village. 2 � S�. 34-62. - Inspections. T'he chief of the fire-rescue depaa�tment shall inspect, or cause to be inspected by officers or members of the fire-rescue department, all buildings and premises, and public thoroughfares, except the interior of dwelling units, as often as may be necessary for the purpose of ascerta.ining and causing to be corrected any conditions liable to cause fire or any violation of the provisions of any ordinance of the village relating to fire hazards. Sec. 34-63. - Fees. (a) A fee shall be imposed by the village for each fire inspection performed by the fire-rescue department according to the fire inspection fee schedule esta.blished by resolution of the village council and on file in the village clerk's office. Any fee imposed under this subsection sha11 be paid witliin 30 days after receipt of an itemized bill for such service. (b) A fee shall be imposed for review of fire-rescue plans and for inspections for all new construction within the village according to the fee schedule established by resolution of the village council and on file in the village clerk's office. Any fee imposed under tlus subsection shall be paid within 30 days after receipt of an itemized bill for such service. (c) ,Anv fee imnosed as established bv the villaEe council for anv other service �rovided in this article shall be naid within 30 davs after receint of an itemized bill for such service. (d) Failure to pay any fee imposed under this section within the required time mav s� subject the party responsible for payment to review before the special magistrate of the village pursuant to the terms of chapter 2, article IV. Sec. 34-64. - Order to correct hazards. (a) Whenever the chief of the fire-rescue department or his representative sha11 find on an� building or upon any premises, or in any public place, violations of the Florida Fire Prevention Code, combustible or explosive material or da.ngerous accumulations or rubbish or unnecessary accumulations of waste paper, boxes, shavings or other highly combustible materials especially liable to fire, and which are so situated as to endanger property, or sliall find obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the operation of fire-rescue or the egress of occupants in case of fire, he shall order same to be removed or remedied. Such order sha11 be forthwith complied with by the owner or occupant of such place or building. (b) The order provided for in the subsection (a) of this section shall be in writing and signed by the person making such inspection and sha11 state specifically the conditions to be remedied. Service of such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of the order 3 to such occupant personally or by delivering the order to and leaving it with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever the owner of the premises, building or structure is responsible for the condition that is required to be remedied, or is otherwise liable therefor, the order sha11 be served upon the owner or his agent by delivering to and leaving with such person a true copy thereof, or, if such owner is absent from the jurisdiction of the village, by mailing such copy to the owner's last known address, or if he shall have a business agent resident in the village by deliveri.ng a true copy of such order to such business agent. Sec. 34-65. - Responsibility for vacant properties. The duties imposed upon occupants of buildings and premises by this article are hereby imposed upon the owners of such buildings and premises when such buildings and premises are vacant. Sec. 34-66. - Accumulations endangering adjacent premises. Any accumulation of wood, fuel, lumber, poles, shingles or other combustible material outside of a building sha11 be subject to removal or relocation upon order of the chief of the fire-rescue department whenever in his opinion the quantity or position of the same shall increase the danger of fire to adj acent property. Sec. 34-67. - Issuance of permits. All permits required by the Florida. Fire Prevention Code will be issued at the discretion of the chief of the fire-rescue department. Secs. 34-68-34-90. - Reserved. ARTICLE V. – PRE-HOSPITAL EMERGENCY MEDICAL SERVICE _. _ __ _ .._ __ _ _ _ _. . Sec. 34125. - Fee scheduk; payment of fees. (a) The fire-rescue pre-hospital emergency medical care system user fees for emergency medical care trea.tment and transportation within the service areas sha11 be as esta.blished by resolution of the village council and 1�.� on file in the village clerk=s office. (b) Fire-rescue emergency medical ca.re service user fees sha11 be paid in cash. No in- kind contribution for such use is permissible. Any fee imposed under this article ses�ie� sha11 be paid within 1$.Q 59 days after receipt of an itemized bill for such service. Failure to pay any fee imposed under this � ses�ie� within the required time s� �a subject the party responsible for payment to referral to a debt collection agency. The collection fee, including any reasonable attorney's fee, paid to the debt collection agency sha11 be in accordance with Florida law. Section 2: Each and every other Secrion and Subsection of Chapter 34. Fire Protection and Prevention. shall remain in full force and effect as previously adopted. 4 Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of com�tent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passa.ge. 5