The URL can be used to link to this page

Home My WebLink AboutOrdinance 97-15 ORDINANCE NO. 97- 15 AN ORDJ:NANCE 01' THE CJ:TY 01' OCOEE, pLORJ:DA RELATJ:NG TO pALSE ALARM RESPONSE PEES; AHENDJ:NG THE DEpJ:NJ:TJ:ON OF OWNER SET PORTH J:. SECTJ:ON 75-2 01' CHAPTER 75 OF THE OCOEE CJ:TY CODE; AHENDJ:NG SECTJ:ON 75-3 OF THE OCOEE CJ:TY CODE TO CLARJ:py THE METHODOLOGY USED pOR CALCULATJ:NG WHEN A pALSE ALARM RESPONSE PEE WJ:LL BE CHARGED; PROVJ:DJ:NG pOR SBVERABJ:LJ:TY; PROVJ:DJ:NG pOR CODJ:pJ:CATJ:ON; PROVJ:DJ:NG pOR AN EpFECTJ:VE DATE. BE J:T ENACTED BY THE CJ:TY COMHJ:SSJ:ON OF THE CJ:TY 01' OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. SECTION 2 . The definition of "owner" set forth in section 75-2 of Chapter 75 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows: OWNER [OR OWNER OF THE PREMISESl - The {legal} [fee title] owner of a building, structure or facility, or the lessee, manager or agent of record of a building, structure or facility[. or the person in charae of the buildina. structure or facility where the alarm system is located]. SECTJ:ON 3. section 75-3 of Chapter 75 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: 575-3. False alarm response fees charqed. A. Each time the Fire Department or Police Department responds to a false alarm when no acceptable reason for the false alarm can be detected, the enforcement official shall issue a warning notice to the owner [of the premises], which warning notice shall require that the alarm system be inspected andlor serviced wi thin two (2) working days with written documentation submitted to the enforcement official that the alarm system is in proper working order. B. {Thcre ohall be RO fee ahar~ea for a firs~ responoc te the promisee fer a faloe alarm or for the acooRs or thira rcopeRec by the roliae DepartmeRt er thc Fire Dcpartmcnt. After the ocourrcnoc of suah a third rcapoR6e te prcmiaco,} [No fee shall be charqed for the first three responses bv the Police Department or the Fire Department to the premises for false alarms occurrinq within a six (6) month period. calculated from the date of the first such response to a false alarm. After the occurrence within a six (6) month period of three such false alarms responses to the premises.] a certif ied letter shall be sent to the owner of the premises advising the owner that subsequent false alarm responses to premises within the six-month period following receipt of such certified letter shall result in the following false alarm response fees: (1) For the first response to premises within six (6) months following receipt of the certified letter: a fee of thirty-five dollars ($35.). (2) For a second response to premises within six (6) months following receipt of the certified letter: a fee of seventy-five dollars ($75.). (3) For a third and all subsequent responses to premises within six (6) months following receipt of the certified letter: a fee of one hundred fifty dollars ($150.). (4) After the occurrence of such a third response to the premises [within a six (6) month period], the false alarm response fee set forth above shall be charged to the owner of the premises for each additional response within the six-month period following the receipt of the certified letter. The enforcement official shall issue a notice to the owner of the premises advising that a false alarm response fee has been imposed 2 and the amount of such fee [and that failure to pay such fee will result in a lien aaainst the land on which the alarm system is situated]. The false alarm response fee shall be due and payable to the City of Ocoee within {five (S)} [twenty (20)] working days of the date of such notification. Failure to pay within said period shall result in a late charge of twenty dollars ($20.) being due and payable. PaYment of all such fees shall be made to the Finance Department of the City of Ocoee. [A COpy of all notices ai yen pursuant to this subparaaraph B shall also be sent bv certified mail to the holder of title in fee simple to the land on which the alarm system is situated. if different from the owner of the premises to whom notice has been aiven. The holder of title in fee simple to the land on which the alarm system is located shall be iointlv and severallY liable for the paYment of a false alarm response fee. Notice to the title holder as set forth in the ad valorem tax records shall be conclusive evidence of compliance with this notice reauirement.] C. {If there are Ra adaitioRal rcepoRBeB to thc promisee within} [After] the six-month period following the receipt by the owner of the certified letter, {~} the next response to the premises for a false alarm shall be considered a first response for purposes of this chapter [and no fee shall be charaed until three such responses aaain occur within a six (6) month period as provided in section 75-3B above.]. D. Failure to pay any false alarm fee(s) or late charges when due or payable shall result in the recording of a lien against the land upon which the alarm system is situated {and on any other real or personal property af the oYftcr} [. which lien may be foreclosed in the same fashion as mortaaae liens are foreclosed. In the event of such a foreclosure. the city shall be entitled to recover from the holder of title in fee simple to the land on which the alarm system is located all costs and expenses incurred. includina but not limited to its reasonable attorney's fees. paraleaal fees and other costs and expenses. whether incurred prior to. durina or subseauent to court proceedinas or an appeal] . 3 E. A dispute by an owner regarding compliance with the provisions of this chapter shall result in presentation of the Code violation to the Ocoee Code Enforcement Board pursuant to Chapter 7 of the Code of Ordinances of the city of Ocoee. [In such case. the sole issue before the Code Enforcement Board shall be to determine whether or not a violation of this Chapter has occurred.] Deletions appear as struck-through text surrounded by { } and additions appear as double underlined text surrounded by []. section 4. The amendment to Section 75-3 set forth in section 3 above is intended to clarify the intent of Chapter 75 of the Ocoee City Code. Any certified letters sent to owners for false alarms and any fees charged for false alarms which remain unpaid as of the date of adoption of this Ordinance shall be and hereby are rescinded. The counting of false alarms for the purposes of Chapter 75 of the Ocoee City Code shall hereafter commence as of the date of adoption of this Ordinance and no false alarms prior to such date shall be taken into account in connection with the enforcement of Chapter 75 of the Ocoee City Code. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the city commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or 4 relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this /..\ ....rf day of J " L 'f APPROVED: , 1997. CITY OF OCOEE, FLORIDA Clerk ADVERTISED July 3 AND ADVERTISED N p.., READ FIRST TIME July 1 , READ SECOND TIME AND ADOPTED r we. '-L I ~ , 1997, UNDER AGENDA ITEM NO. Ji....fL . , 1997 , 1997 1997 FOR USE AND RELIANCE OBLY BY THE CITY OF OCOEE, FLORIDA APPROV~D AS TO FO~. AND LEGALITY this 15 day of:) ut; , 1997. FOLEY &~~ By: ~ tL<Y z (4)tj Cl.ty Attorney C:\WPSl \DOCS\PERIOCOEE\FIREALM.NEW 16I25/97118SOOll1 PER:jocI 5