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Home My WebLink AboutORD 3537-AORDINANCE NO.3537-A BILL NO.43-A AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING ORDINANCE NO. 3537, BILL NO. 43, BY CORRECTING A CLERICAL ERROR; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. WHEREAS, the Caldwell City Council, by ordinance No. 3537, Bill No. 43, created a new article in Chapter 6, pertaining to a service fee for certain service calls to assisted living facilities; and, WHEREAS, said ordinance contained a series of clerical errors designating said new article as Title 6, Article 3, section 06-03-01, rather than as Title 6, Article 2, section 06-2-01, which was its proper designation; and, WHEREAS, the City Council desires to amend Ordinance No. 3537, Bill No. 43, to correct said clerical error. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Ordinance No. 3537, Bill No. 43, is hereby amended as follows: i. Each instance in said ordinance that reads "Article 3" in the caption and body of said ordinance shall be deemed to read as "Article 2." ii. Each instance in said ordinance that reads "06-03-01" is the caption and body of said ordinance shall be deemed to read as "06-02-01" Section 2. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 17" day of October, 2023. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 17" day of October, 2023. ATTEST: CALDtp ' 15 ' 3AN Mayor Jarom er City Clerk (or Deputy) ~ p• 4. Ord. 3537-A — Page 1 �''•�.,�COU16••''• ORDINANCE NO.3537 BILL NO.43 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, BY THE ADDITION OF A NEW ARTICLE, ARTICLE 3, PERTAINING TO THE SERVICE FEES FOR CERTAIN SERVICE CALLS TO ASSISTED LIVING FACILITIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 6, of the Caldwell City Code is hereby amended by the addition of a new Article, Article 3, as follows: 06-03-01: SERVICE FEES FOR NON -EMERGENCY UTILIZATION OF EMS SERVICES: 1. PURPOSE The purpose of this Chapter 6, Article 3, Caldwell City Code is to address an ongoing issue faced by the City of Caldwell and its Fire Department and other emergency medical service proividers related to non -emergency calls to Assisted Living Facilities in the City of Caldwell. This issue results in Emergency Medical Services dedicating a statistically significant portion of their total available service time to supplement staffing at Assisted Living Facilities in Caldwell, which results in an increased cost to the City of Caldwell through the need for more Emergency Medical Services personnel and equipment to serve the City at any given time. The purpose of this Article is not to create a punitive structure, but, rather, to permit the City of Caldwell to recover actual costs associated with providing non -emergency care to Assisted Living Facilities. 2. AUTHORITY This Article is authorized by Idaho Code 63-1311, and has been adopted in conformance with that procedure set forth in Idaho Code 63-131IA. 3. DEFINITIONS A. Assisted Living Facility: A housing facility for people with disabilities or for adults who cannot or who choose not to live independently. B. Emergency Medical Services: Medical services provided by the Caldwell Fire Department and Canyon County Paramedics. C. Non -Emergency Service Calls: Include all calls to Emergency Medical Services where the need for such services is solely as the result of insufficient staffing at an Assisted Living Facility, including: calls where a resident needs to be moved from a prone position to a sitting position, or from a sitting position to a standing position; calls related to faulty or chirping fire alarm or other emergency alarm systems where the call is the result of a failure to properly operate or maintain said system, or the Ord. 3537 — Page 1 absence of personnel authorized or trained in the operation thereof; [CHIEF, ANY OTHER ITEMS YOU WANT ADDED TO THIS DEFINITION?] 4. FEE FOR SERVICES A. In the event an Assisted Living Facility, by or through any of its agents, employees, or other representatives, requests, and is provided, Emergency Medical Services for a Non -Emergency Service Call, said facility shall incur a charge in the amount of two hundred dollars ($200.00). This fee is reasonably related to, but does not exceed, the actual cost of providing said services. B. The City of Caldwell shall provide a bill to said Assisted Living Facility within thirty (30) days of said Non -Emergency Service Call, which bill shall be paid by said facility within thirty (30) days of the receipt thereof. Said bill shall be provided by certified mail. C. All service fees not paid within thirty (30) days after the due date shall be considered delinquent. D. The City is hereby authorized to pursue the recovery of such delinquent fees in accordance with Idaho Code 63-1311. 5. APPEALS A. Any Assisted Living Facility that has been assessed a fee for a Non -Emergency Service Call that believes that such fee has been assessed in error may appeal the same to the Chief of the Caldwell Fire Department. i. Notice of such appeal must be received, in writing, by the City Clerk within thirty (30) days of receipt of the bill described above. ii. The Chief of the Caldwell Fire Department shall schedule a hearing time within fourteen (14) days of receipt of said appeal, and notice of the time and place of such hearing shall be provided to the Assisted Living Facility. iii. The Chief of the Caldwell Fire Department shall hear testimony and evidence from the Assisted Living Facility, and shall render a written decision as to whether the fee for the Non -Emergency Service Call was properly or improperly levied against said facility. iv. Said written decision shall be sent to the Assisted Living Facility via certified mail. B. An Assisted Living Facility may appeal the decision of the Chief of the Caldwell Fire Department to the City Council. i. Such hearing shall be governed by the procedures set forth in Caldwell City Code, Chapter 1, Article S. Section 2. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall Ord. 3537 — Page 2 continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this I91h day of September, 2023. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1911 day of September, 2023. i�y' M. Mayor .larorn Wagoner ATTEST: City Clerk (or Deputy) ' ^ o+�°ktQ��' �lw In Ord. 3531— Page 3