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HomeMy WebLinkAboutOrdinance 89- 1292 Uniform safety code inspection fees for unlicensed business and organizations - ..; .... . ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING REASONABLE UNIFORM SAFETY CODE INSPECTION FEES FOR THE INSPECTION OF BUILDINGS AND OFFICES CONTAINING BUSINESSES AND ORGANIZATIONS NOT LICENSED BY THE CITY OF BOZEMAN Preamble The purpose of this ordinance is to protect the health, safety and welfare of the public by allowing the City of Bozeman to recover the reasonable costs it incurs in making uniform safety code inspections of unlicensed businesses and organizations located in buildings and offices to which the public has access or which are located in such close proximity to buildings and offices to which the public has access so as to constitute a potential safety hazard in the event of uniform safety code violations. WHEREAS, the City of Bozeman has adopted uniform safety codes to protect the public; and WHEREAS, 7-1-4123(7) Montana Code Annotated (MCA) authorizes the City to impose a reasonable fee for its services; and WHEREAS, a portion of the City of Bozeman's licensing fee reimburses the City for inspections to insure compliance with the uniform safety codes; and WHEREAS, certain businesses and organizations are not licensed by the City of Bozeman; and WHEREAS, unlicensed businesses and organizations are located in buildings and offices open to the public or may be located in such close proximity to other buildings and offices open to the public so as to constitute a potential hazard in the event of non-compliance with the uniform safety codes; and WHEREAS, the intent and provisions of the uniform safety codes to protect the public applies to all businesses and organizations, whether licensed or not; and WHEREAS, this Ordinance is not to be construed as an attempt by the City of Bozeman to regulate in any fashion those businesses or organizations unlicensed or exempted by law, but is solely enacted for the purpose of protecting the public by the enforcement of the uniform safety codes. 1 --- ",- ~.. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION of the City of Bozeman, Montana, that the following be enacted into law: SECTION I INSPECTION FEES 1- Every business and organization located in a building or office in the jurisdictional I imi ts of the City of Bozeman shall pay to the City a reasonable inspection fee to insure that said building or office complies with the uniform safety codes. 2. In the enforcement of the uniform safety codes, the City Commission by resolution shall periodically establish a reasonable inspection fee taking into account the actual costs to the city. 3. Exemptions. Those businesses and organizations with a current Bozeman Business License shall not be required to pay any additional uniform safety code inspection fee as the licensing fee included an amount for said safety code inspection. SECTION II DEFINITIONS 1- UNIFORM SAFETY CODES: "Uniform Safety Codes" as used herein shall mean the most recent version of the following codes adopted by the City of Bozeman: a. Uniform Fire Code b. Uniform Building Code c. Uniform Abatement of Dangerous Buildings Code d. Uniform Plumbing Code e. National Electrical Code to Uniform Mechanical Code g. CABO One & Two Family Dwelling Code h. Uniform Housing Code L Uniform Sign Code 2. BUILDINGS AND OFFICES. "Buildings and offices" shall mean all buildings, structures, rooms, offices, or portions thereof wherein a business or organization is located and which may be accessible to the public, employees, or members or located in such close proximity to other buildings, structures, rooms, offices, or portions thereof so as to constitute a public threat 2 ,:"1.. :..., . " , .. in the event of a uniform safety code violation. 3. BUSINESS OR ORGANIZATION. "Business or organization" shall mean any occupation, trade, profession, commercial activity, social activity, fraternal activity or religious activity located or meeting regularly in buildings or offices. And includes sole proprietorships, partnerships, corporations, nonprofit corporations, religious corporations, social organizations and fraternal organizations. SECTION III SAVINGS PROVISION This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. SECTION IV SEVERABILITY If any part of this Ordinance is declared to be unconstitutional, or the applicability thereof to any person or circumstances in held invalid, such part shall be deemed severable from the other parts, and the invalidity thereof shall not affect the remaining parts of this Ordinance. SECTION V EFFECTIVE DATE This Ordinance shall become effective on the 1st day of January, 1990. PROVISIONALLY passed and adopted this 6th day of November , 1989. ~M. ATTEST: ALF M. STIFF - R ~C/~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY passed and adopted this 20th day of November , 1989. 3 ~.'.:.... .. 4"' . L.'. . ",> ~~f7r-## ATTEST: ~1:;. d J1/A~ SULLIVAN Clerk of the Commission APPR:VED AS TO~ 'E E. ~R - City At~ney ., 'I " 4 . -