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HomeMy WebLinkAbout15-013JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE It 4114896 09125/2015 at 08:39 AM OR BOOK 3791 pAGE 1236 - 1240 Doc Type: ORDN RECORDING: $27.00 ORDINANCE NO. 15-13 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING SECTION 18-102 (SAME -APPEALS) TO ESTABLISH AN APPEAL PROCEDURE FOR DETERMINATION OF FALSE ALARMS; EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 15-05, AS AMENDED, TO APRIL 1, 2016; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1987, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with the requirements of state law and to provide for a more efficient means of processing alarm system permit applications and collecting false alarm charges effective October 1, 2015. 5. It is in the best interest of the health, safety and welfare of the County's residents to further amend Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal of a false alarm determination and fine. E Underlined passages are added. StF ek thFeug4 passages are deleted. 6. In order to allow additional time for the local municipalities to complete adoption of similar amendments to their respective alarm system ordinances, it is necessary to further amend Ordinance No. 15-05 to extend the effective date from October 1, 2015 to April 1, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 18-102 (Same-Appeals) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is created to read as follows: Sec. 18-102. Same-Appeals. (a) An alarm user may appeal assessment of the fine(s) to the County's designated Alarm Administrator by filing a written request for review setting forth the reasons for the appeal within fourteen (14) calendar days of the date of the notice of the assessed fine(s). The failure to file a request for an appeal within this time period shall constitute a waiver of the right to contest the assessment of the fine(s). The Alarm Administrator or designee shall serve as the Hearing Officer for all appeal hearings under this section. The filing of a request for an appeal shall stay the assessment of the fine(s) until the Hearing Officer renders a final decision. Upon receipt of a timely written request for an appeal, a hearing will be scheduled before the Hearing Officer. Notice of the hearing will be sent to the alarm user after receipt of the request for appeal. The Hearing Officer shall conduct a hearing and consider the evidence presented. At the conclusion of the hearing, the Hearing Officer shall issue findings of fact based upon the evidence presented, and conclusions of law, and shall issue a written order. (b) Any person aggrieved by a decision of the Hearing Officer pursuant to this article may, within thirty (30) days after rendition of the decision, petition for certiorari review to the circuit court in the Nineteenth Judicial Circuit in and for the county. PART B. Part M, (Effective Date) of Ordinance No. 15-05 is amended to read as follows: PART M. EFFECTIVE DATE. Ordinance No. 15-05 shall take effect on Qc#eber 1, 2A15 April 1, 2016. PART C. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. 2 Underlined passages are added. StFuck thFeug4 passages are deleted. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect on October 1, 2015. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis AYE Vice Chair Kim Johnson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 15th day of September, 2015. ATTE LT: eputy Clerk 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: 9- r� . -1\ County Attorney Underlined passages are added. St+eak threu@4 passages are deleted. RICK SCOTT KEN DETZNER Governor Secretary of State September 25, 2015 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow, Recording Secretary/Finance Assistant Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 15-13, which was filed in this office on September 25, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.fl.us