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 .
-