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M O R A N D U M
To: Village Council
From: Thomas G. Bradford, Village Manager
Date: June 3, 1999 %!9~
Subject: EMS Transport User Fees
Staff has concluded that if the Fire-Rescue Department were to
avail itself of its ability to take delinquent service charges and
fees to the Special Master, that a significant part of our accounts
receivable would be realized.
In the course of reviewing the situation, we have discovered that
a number of our fees and service charges in the Fire-Rescue
Department do not have a due date associated with them.
Technically, this means that if we were to take the person
responsible for an EMS transport user fee delinquency before the
Special Master, they could argue that there is no time frame in
which they are required to pay the user fee.
Accordingly, we have requested the Village Attorney to address this
situation by preparing an ordinance for Village Council
consideration which would require the applicable service charges
and user fees to be paid within 30-60 days after the issuance of an
invoice for said services. The Fire-Rescue fees and service
charges in question and the recommended time for payment being due
are as follows:
1) Fire Inspections Fees, Section 9-7 of the Code
(3 0 days )
2) EMS Transport User Fees, Section 9-055 of the
Code (60 days)
3) Fire Watch Details as required by the National
Protection Association (NFPA-No.l)Fire Prevention
Code, as referenced in Section 9-5 (a) of the
Teguesta Code (30 days).
r
If the Village Council adopts the recommended ordinance, I will
instruct the applicable Department Heads to take violators of the
Ordinance to the Special Master for adjudication of the issue. I
feel confident our collection rate will rise substantially.
It is recommended that the Village Council adopt the Ordinance
attached hereto establishing due dates for various Fire-Rescue
service charges.
TGB/nmh
\MyFiles\Village Council\EMS Due Dates Memo 6-3-99
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M O R A N D U M
To: Village Council
From: Thomas G. Bradford, Village Manager
Date: June 3, 1999 i~~~
Subject: EMS Transport User Fees
Staff has concluded that if the Fire-Rescue Department were to
avail itself of its ability to take delinquent service charges and
fees to the Special Master, that a significant part of our accounts
receivable would be realized.
In the course of reviewing the situation, we have discovered that
a number of our fees and service charges in the Fire-Rescue
Department do not have a due date associated with them.
Technically, this means that if we were to take the person
responsible for an EMS transport user fee delinquency before the
Special Master, they could argue that there is no time frame in
which they are required to pay the user fee.
Accordingly, we have requested the Village Attorney to address this
situation by preparing an ordinance for Village Council
consideration which would require the applicable service charges
and user fees to be paid within 30-60 days after the issuance of an
invoice for said services. The Fire-Rescue fees and service
charges in question and the recommended time for payment being due
are as follows:
1) Fire Inspections Fees, Section 9-7 of the Code
(3 0 days )
2) EMS Transport User Fees, Section 9-055 of the
Code (60 days)
3) Fire Watch Details as required by the National
Protection Association (NFPA-No.l)Fire Prevention
Code, as referenced in Section 9-5(a) of the
Tequesta Code (30 days).
If the Village Council adopts the recommended ordinance, I will
instruct the applicable Department Heads to take violators of the
Ordinance to the Special Master for adjudication of the issue. I
feel confident our collection rate will rise substantially.
It is recommended that the Village Council adopt the Ordinance
attached hereto establishing due dates for various Fire-Rescue
service charges.
TGB/nmh
\MyFiles\Village Council\EMS Due Dates Memo 6-3-99
~~
joNEs
FOSTER
jOHNSTON
8~ STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: jandolph@jones-foster.com
June 2, 1999
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Fire-Rescue Department User Fees
Our File No. 13153.1
Dear Tom:
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
VIA FAX: 575-6203
~ ~ ~ ~ ~ 3 1999
~>>lage Manager's Office
Please find enclosed an ordinance responding to the request in your letter of April 27,1999, wherein
you requested that the appropriate ordinance of the Village be amended so as to establish due dates
for certain service charges. This ordinance provides that in the event the fees are not paid by the
required due date, the person responsible shall be subject to the jurisdiction of the Special Master
under the Code Enforcement Ordinance of the Village.
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
G ,Q~~~.~
John C. Randolph
JCR/ssm
Enclosure
~I6NED IN THE
ABSENCE OF JOHN C.
RANDOLPH TO
EXPEDITE DELIVERY;
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Facsimile (561) 832-1454
Village of Tequesta
cc: Charles Burnsed, Acting-Fire Rescue Chief
Via Fax: 575-6239
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF
THE VILLAGE AT ARTICLE II, FIRE PREVENTION, TO
PROVIDE THAT CERTAIN USER FEES BE PAID WITHIN THE
SPECIFIED TIME PERIOD; PROVIDING THAT PERSONS WHO
FAIL TO PAY IN A TIMELY MANNER SHALL BE SUBJECT TO
REVIEW BY THE VILLAGE SPECIAL MASTER PURSUANT TO
THE CODE ENFORCEMENT ORDINANCE OF THE VILLAGE,
CHAPTER 2, ARTICLE IV, DIVISION 2; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to
Fire Protection and Prevention is hereby amended at Article II, Fire Prevention, Section 9-5, to read
as follows:
"Sec. 9-5. Codes adopted; copies on file.
(a) There are hereby adopted by the Village, for the purpose of prescribing
regulations governing conditions hazardous to the health, safety, welfare, life and
property from fire or explosion, certain codes known as the Standard Fire Prevention
Code, 1991 edition, and the National Fire Protection Association (NFPA) Life Safety
Code, 1991 edition, and the National Fire Protection Association (NFPA-1) Fire
Prevention Code, 1992 edition. If conflict exists between the codes, the more
stringent shall be applied at the discretion of the chief of the fire-rescue department
or his representative.
(b) A copy of each of the above codes is on file with the Village Clerk; and the
same are hereby adopted and incorporated as fully as if set out at length herein; and
from the date on which this section shall take effect, the provisions thereof shall be
controlling within the limits of the Village.
(c) Any fee imposed under this section for fire watch details as established by the
National Fire Codes, shall be paid within thirty (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 of the Village pursuant to the terms of the Code Enforcement
Ordinanceof the Village of Tequesta, Chapter 2, Article IV, Division2, o~the Code
of Ordinances of the Village."
Section 2. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to
Fire Protection and Prevention is hereby amended at Article II, Fire Prevention, Section 9-7, to read
as follows:
"Sec. 9-7. Fees -Annual fire inspection fee; plan review fee.
(a) A fee shall be imposed by the Village for each fire inspection performed by the
fire-rescue department and shall be according to the fire inspection fee schedule set
forth in Exhibit A attached hereto and incorporated herein. Any fee imposed under
this section shall be paid within thirty (30) days after receipt of an itemized bill for
such service.
(b) A fee shall be imposed for review offire-rescue plans and for inspections for all
new construction within the Village, and shall be according to the fee schedule set
forth in Exhibit B attached hereto and incorporated herein. Any fee imposed under
this section shall be paid within thirty (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 of the Villagepursuant to the terms of the Code Enforcement Ordinance of
the Village of Tequesta, Chapter 2, Article IV, Division 2, of the Code of Ordinances
of the Village."
Section 3. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to
Fire Protection and Prevention is hereby amended at Article IV, Pre-Hospital Emergency Medical
Service, Section 9-55, to read as follows:
"Sec. 9-55. Schedule of user fees.
The initial fire rescue pre-hospital emergency medical care system user fees for
emergency medical care treatment and transportation within the service areas shall
be as follows:
Emergency medical treatment $ 0.00
Emergency medical transportation $310.00
Plus, per mile charge, pick up to hospital $ 6.00
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 sixty (60) days after receipt of an itemized. bill for such service.
Failure to pay any fee imposedunder this section within the required time shall
2
subject the party responsible for payment to review before the.Special Master ofthe
Village pursuant to the terms of the Code Enforcement Ordinance of the Village of
Tequesta, Chapter 2, Article IV, Division 2, of the Code of Ordinances of the
Village."
Section 4. Severability. If any provision of this Ordinance or the application thereof is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby
repealed.
Section 6. Codification. This Ordinance shall be codified and made a part of the official
Code of Ordinances of the Village of Tequesta.
Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
THE FOREGOING
Councilmember
follows:
FOR ADOPTION
AGAINST ADOPTION
ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance was seconded by
and upon being put to a vote, the vote was as
3
The Mayor thereupon declared the Ordinance duly passed and adopted this day
of , 1999.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
N:UCR\ 131530RD\FIRERES.FEE