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HomeMy WebLinkAboutOrdinance_12-13_07/11/2013 ORDINANCE NO. 12 -13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF 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. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 34. to clarify certain language 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: Chapter 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 that Chapter 26 shall hereafter read as follows: Chapter 34 FIRE PROTECTION AND PREVENTION ARTICLE H. - FIRE - RESCUE DEPARTMENT Sec. 34 -31. - Creation. Sec. 34 -32. - Chief. Sec. 34 -33. - Supervision. Sec. 34 -34. - Departmental regulations. Secs. 34- 35- 34 -60. - Reserved. 1 Sec. 34 -31. - Creation. There is hereby created 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 shall be an appointive administrative official appointed by the village manager. Sec. 34 -33. - Supervision. The chief of the fire -rescue department shall have control and supervision of 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 paraphernalia of the fire -rescue department and shall have the power to use and cause to be put in service all or any part of the apparatus belonging to the fire- rescue department. Sec. 34 -34. - Departmental regulations. It shall be the duty of the chief of the fire- rescue department, with the approval of the village manager and the village council when required by the village charter or administrative code, to make and promulgate rules and regulations governing 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. 3465. - Responsibility for vacant properties. Sec. 34 -66. - Accumulations endangering adjacent premises. Sec. 34 -67. - Issuance of permits. Secs. 34- 68- 34 -90. - Reserved. Sec. 34-61. - Florida Fire Prevention 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, that 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 are hereby adopted and incorporated as fully as if set out at length in this section, and from the date on which such code shall take effect the provisions thereof shall be controlling within the limits of the village. 2 Sec. 34-62. - Inspections. The chief of the fire- rescue department 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 ascertaining 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 established by resolution of the village council and on file in the village clerk's office. Any fee imposed under this subsection shall be paid within 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 this subsection shall be paid within 30 days after receipt of an itemized bill for such service. (c) Any fee imposed as established by the village council for any other service provided in this article shall be paid within 30 days after receipt of an itemized bill for such service. (d) Failure to pay any fee imposed under this section within the required time may shall subject the party responsible for payment to review before the special magistrate of the village pursuant to the terms of chapter 2, article W. Sec. 34-64. - Order to correct hazards. (a) Whenever the chief of the fire- rescue department or his representative shall find on any building or upon any premises, or in any public place, violations of the Florida Fire Prevention Code, combustible or explosive material or dangerous 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 shall 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 shall 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 shall 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 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 shall be served upon the owner or his agent by 3 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 delivering 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 shall 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 adjacent 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. 34 -125. - Fee schedule; payment of fees. (a) The fire-rescue pre- hospital emergency medical care system user fees for emergency medical care treatment and transportation within the service areas shall be as established by resolution of the village council and kept on file in the village clerk's office. (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 article shall be paid within 60 days after receipt of an itemized bill for such service. Failure to pay any fee imposed under this article within the required time may 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 shall be in accordance with Florida law. Section 2: Each and every other Section and Subsection of Chapter 34. Fire Protection and Prevention. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. 4 5 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 competent jurisdiction to be invalid, such decision shall 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 passage. 5 Upon Second Reading this 11 ' day of July 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 h day of July 2013. MAYOR OF TEQUEST igail ennan ATTEST: PGE OR , Lori McWilliams, MMC ' ��LC S� 7 r ' Village Clerk 09,�09'9� m; �'' -,4� � 195 ..••' • ,.�'�! r rhefill eessssI 6