ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CEDAR KEY, LEVY COUNTY, FLORIDA; CREATING A FIRE INSPECTION PROGRAM FOR BUSINESSES; AUTHORIZING A FEE FOR THE INSPECTION; CREATING A RIGHT OF ENTRY FOR THE INSPECTOR; CREATING EXEMPTIONS; PROVIDING DIRECTIONS TO THE CODIFIER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission finds that older commercial buildings in the City may have fire hazards within them that pose a risk of serious harm to property, business patrons, employees; and WHEREAS, the City Commission wishes to minimize such risk of fire hazards through timely enforcement of the Florida Fire Prevention Code; and WHEREAS, the City Commission finds that establishing an inspection program designed to minimize such hazards is needed to protect the public health, safety, and welfare; and WHEREAS, the City Commission finds that timely inspections are the most efficient method of minimizing such hazards; and WHEREAS, the City Commission recognizes that inspections may lead to required repairs which in turn can be a financial burden on businesses and as a result has determined to implement a limited inspection program; and WHEREAS, the City Commission finds that requiring inspections only for newly opened or expanding businesses, and businesses already obtaining building permits provides a reasonable means of protecting the public from undue risks without imposing undue burdens on local businesses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CEDAR KEY, FLORIDA, AS FOLLOWS: Page 1 of
1 1 1 1 1 0 1 0 1 SECTION 1. A new Part.0.00, Chapter, Laws of Cedar Key shall be added (with additions underlined and deletions stricken) and shall state:.0.00 Purpose It is the intent of the City to establish a fire inspection program to minimize potentially hazardous conditions in commercial buildings..0.01 Definitions Business shall include all activities in the City which require a business tax receipt pursuant to Part.01.00, Chapter, Laws of Cedar Key. Florida Fire Prevention Code means the Life Safety Code (NFPA 1) and the Fire Prevention Code (NFPA 1) as adopted by Rules A-0.00 and A-0.00, Florida Administrative Code. Fire Inspector means an individual certified by the Division of State Fire Marshal assigned the duties within the City of conducting fire inspections of buildings, investigating code violations relating to fire safety, and issuing civil citations pursuant to this Ordinance..0.0. Fire Inspections A. Required. A fire inspection shall be required under any of the following circumstances: 1. Any business applying for the first time for a business tax receipt from the City.. The reopening of an existing business which has been closed for a continuous period of six () or more months, whether with the same or a new owner.. Anytime a building permit is required for a premises pursuant to the Florida Building Code.. Relocation of an existing business to a new premises that has not been inspected in the previous five years.. Whenever the fire inspector has probable cause to believe that an existing condition represents an immediate threat to the health safety or welfare of the public. B. Multiple Locations. If any person operates any business at more than one location, each location shall be considered a separate business; and a separate inspection shall, when applicable, be required. C. Unlawful. It shall be unlawful for any person either directly or indirectly, to engage in or to conduct any business, as defined by this part, in the city, without obtaining a fire inspection if required by subsections A or B above. Page of
1 1 1 1 1 0 1 0 1.0.0 Right of Entry for Fire Inspections. The fire inspector, upon the showing of proper credentials, may, at all reasonable hours, enter any building or premises within the city for the purpose of making any inspection or investigation which the inspector may deem necessary pursuant to section.0.0..0.0 Violation of Fire Prevention Code In the event an inspection reveals a violation of the Florida Fire Prevention Code, the Fire Inspector shall issue a notice of violation to the owner of the property on which the violation exists. The notice shall state the existing violation and the appropriate corrective action. The owner shall have a reasonable time as determined by the fire inspector to correct the violation. Said reasonable time shall not be less than days unless the fire inspector determines that the violation represents an immediate and serious threat to public safety..0.0 Civil Citation Any person failing to fully abate all violations identified in the notice of violation within the allotted time shall be issued a civil citation. The citation shall contain: 1. The date and time of issuance.. The name and address of the person.. The date and time the civil infraction was committed.. The facts constituting probable cause.. The ordinance violated.. The name and authority of the officer.. The procedure for the person to follow in order to pay the civil penalty or to contest the citation.. The applicable civil penalty if the person elects to contest the citation.. The applicable civil penalty if the person elects not to contest the citation.. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, then she or he shall be deemed to have waived her or his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. Page of
.0.0 Penalties A violation of this Part shall be deemed a civil infraction and shall be penalized pursuant to section 1.0.0, of this Chapter..0.0 Fees for Fire Inspections The City Commission may establish by resolution fees for fire inspections conducted pursuant to this ordinance..0.0 Exceptions A. Home occupations, as defined and regulated by the Section.0.0, Chapter, Laws of Cedar Key, shall be exempt from the provisions of this Article. B. Businesses that have no physical location within the City limits, shall be exempt from the provisions of this Article. 1 1 1 SECTION. Section 1.0.0, Chapter, Laws of cedar Key, shall be amended in part (with additions underlined and deletions stricken): 1.0.0. Penalties for Uncontested Violations The following are the ordinances that are enforceable by the procedures described in this Part, and the civil penalty for uncontested violations of each such ordinances. Cite Description Penalty Chapter General Ordinances: Part.01.00 Improper disposal of waste $0 Sec..01. Littering and dumping $0 Part.0.00 Unlawful sale, consumption, service, or possession of $0 alcohol, including open container violations Part.0.00 Violation of curfew for minors $0 Part.0.00 Violation of animal control law $10 Part.0.00 Unlawful presence in city park after hours $0 Sec...01 Unlawful climbing on water tower $0 Sec...0 Unlawful obstruction of a city sidewalk or street $0 Part..00 Violation of noise regulation $0 Part..00 Violation of public nudity regulations $0 Part.0.00 Violation of Florida Fire Prevention Code $0 Part.00.00 Violation of marina regulations As set forth in Sec..00.0 Page of
Cite Description Penalty Part.0.00 Unlawful spear fishing $0 Sec..00.0 Unlawful operation of golf cart $0 Chapter Land Development Code: Article VIII Violation of sign regulations $0 Article IX Violation of operational performance standards $0 SECTION. It is the intention of the City Commission that the provisions of sections 1 and of the ordinance shall become and be made a part of the Laws of Cedar Key, Florida, and that the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish such intention. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the City Attorney or designee without public hearing by filing a corrected or recodified copy of the same with the City Clerk. SECTION. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION. All ordinances, or parts of ordinances, in conflict herewith are to the extent of such conflict hereby repealed. SECTION. Effective Date This ordinance shall be effective immediately upon final adoption. Page of
PASSED AND ADOPTED this day of, 0. By: Pat O Neil, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Frances Hodges, City Clerk C. David Coffey, City Attorney This ordinance passed on first reading this day of, 0. This ordinance passed on second reading this day of, 0. Page of