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Ord. No. 02-08-1937MEMO W_Mriff�1111 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15 "DEMOLITION REQUIREMENT STANDARDS;" PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the purpose of this ordinance is to establish clear demolition standards for residential and non - residential structures in the City of South Miami; and WHEREAS, it is important to have clear, consistent and easy to use regulations within the Code of Ordinances; and WHEREAS, the demolition of a structure and practices used during demolition can cause damage to an adjoining property and increase the risk of injury to the general public; and WHEREAS, the potential for impacts of demolition, including but not limited to public safety, tree preservation, recycling of materials, site accessibility, site safety, and site aesthetics will be better served by the creation of requirements that specifically address the preparation and approval of a site management plan prior to issuance of a demolition permit. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: . SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 7 -15.1 "Definitions" of Chapter 7 of the Municipal Code is hereby added as follows: "Demolition" shall mean the partial or complete destruction or removal of a building or portion thereof on any site. "Demolition Permit" shall mean a permit issued by the City of South Miami Building Department providing clearance to undertake a demolition. "Incidental Structural" mean accessory structure or buildings, including but not limited to sheds, trellises, fences, gazebos, play structures, and other similar structures as determined by the Planning and Building Directors. 1 Ord. No. 02 -08 -1937 "Structures" shall mean anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including but not limited to: buildings, signs, backstops for tennis courts, fences, screen, enclosures and pergolas. SECTION 3: Section 7 -15.2 "Demolition Requirement Standards" is hereby added as follows: (a) No demolition may occur within the City of South Miami, without obtaining a demolition permit that has satisfied all requirements set forth below. For all demolition within the City, the following shall be completed and /or submitted prior to the issuance of a demolition permit and prior to the commencement of any and all demolition activity: 1. A site management plan shall be submitted to City's Building Department for review and approval prior to issuance of the demolition permit. The site management plan shall include a plan of the structure to be demolished, location of utilities, location of septic tank (if applicable), material recycling, tree identification and protection, site grading, sidewalk protection and measures to control pedestrian access around the site, runoff control, weed control, fencing or screening, site appearance control, and a demolition schedule. 2. A notice of application for the demolition permit shall be posted in a prominent location on the site for public inspection. 3. Any additional documents that may be required by the Building Department, including but not limited to a survey of the property; letter of disconnect from FP &L; water and sewer capping; approval of outside agencies (when applicable) such as DERM; and the Department of Health. (b) All demolition sites shall be maintained free of debris and scrap materials. (c) During hurricane season (June thru November), site shall be maintained cleaned of loose debris and /or secured in accordance with the City of South Miami Code and the Florida Building Code. (d) All demolition sites shall be enclosed with a temporary six -foot fence which shall be installed prior to starting the demolition activity, unless exempted by the City of South Miami Building Official. LAX The fence shall be chain link, covered with green or black nylon material screening the demolition from view, and installed on the front, side and rear lot lines. The fence shall not be placed so as to create a public hazard and the fence gate shall be locked during nonworking hours. The fence shall remain in place until construction is initiated, unless exempted by the City of South Miami Building Official Additional protective safeguards may be required where the city identifies an attractive nuisance. 2 Ord. No. 02 -08 -1937 (e) All demolition sites shall be monitored for dust control by hosing of debris with water. (f) All pavement, surfacing, driveways curbs, walks, buildings, utility poles, fences, and other surface structures affected by the demolition operations, together with all sod and shrubs in yards, parkways, and medians shall be restored to their original conditions, whether within or outside the easement right -of -way. All replacements shall be made with new materials. (g) All demolition sites shall comply with the City's noise code, demolition activity is limited between the hours from 7:00 A.M. -6:00 P.M., Monday thru Friday. Saturday hours shall be from 9:00 A.M. to 5:00 PM. No demolition activity is permitted on Sunday. SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 6: This ordinance shall be codified and included in the Code of Ordinances. SECTION 7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this (P64day of , 200% ATTEST: -eftyCLERK READ AND APPROVED AS TO FORM: iTTORNEY XAComm Items\2007 \12- 18- 07\Demollition Ordinance 12- 18- 2007CA.doc C_ YOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts- Cooper: Commissioner Beckman: 5 -0 Yea Yea Yea Yea Yea 3 South Miami All- America City CITY OF SOUTH MIAMI I I I I p OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager, ago From: Julian Perez, Planning DirectoQ Date: December 18, 2007 ITEM No. !0 BACKGROUND After recent concerns on demolition sites were expressed by members of the City Commission it was determined that the City did not have regulations in place that would regulate the building demolition process. It was agreed that the demolition of a structure and methods used during a demolition can cause damage to adjoining property and increase the risk of injury to the general public. The Administration has prepared a draft ordinance amending the City Code to respond to this issue. The ordinance includes regulations suggested by the Building Director, Code Enforcement Division Chief, City Attorney, and the Planning Department. The proposed legislation responds to concerns about potential impacts of demolition, including but not limited to public safety, tree preservation, recycling of materials, site accessibility, site safety, and site aesthetics. It requires the submission of a site management plan prior to issuance of a demolition permit. TECHNICAL CHANGES AFTER FIRST READING During the first reading of the proposed ordinance, it was suggested that a process to exempt the fence requirement for a demolition project that could be accomplished in one day be incorporated in the ordinance. This could be done under the discretion of the Building Official. This is shown on p.2 lines 39 -40 of the proposed ordinance. The staff has added an additional requirement which clarifies that the fence must remain until construction begins unless the Building Official allows an exemption. This is shown on p.2, lines 45 -46 of the proposed ordinance. RECOMMENDATION It is recommended that the revised proposed ordinance be approved. 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DAMS CORAL GABLES Tied l W sM =. 1500 Alonza Avenue Suite 350 Coral Gables, Florida 33146 .; - Telephone: ( +1) 305.740.6001 ` p wwwpolestarndauiLcom COURTESY NOTICE WY OF SOUTH MIAMI, FLORIDA On Tuesday., December 18, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Orive, the City Commission will hold PubIlic HoaOngm to consider the following items: AN ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES; PROCEDURE FIOR (DETERMINING CONTROLLED PARKIING RES DENTIALDZONES; P OVIDDINGTISSUANCE OF PROVIDING PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS, AND PROVIDING PENALTIES. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5693 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF All HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11-2 THROUGH 11 -17; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS .AMP FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT, PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, BIO- HAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISETO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES. AN ORDINANCE AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15) "DEMOLITION REQUIREMENT STANDARDS." A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT INTERLOCAL AGREEMENT AS REQUIRED BY STATE STATUTE 163.3177. AN ORDINANCE AMENDING THE SOUTH MIAMI COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW. If you have any inquiries on the above items please contact the Planning Department's office at: 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, UVIC city Mork Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record Includes the tes- timony and evidence upon which the appeal is to be based. x I F maritime traffic The detour Street and route will be south on a two- S©uth Dixle Highway lane, one -way Southwest Intermittent lane closures Sixth Avenue, then east on will occur on Le Jeune Road Southwest Eighth Street until and its sidestreets between Southwest Second Avenue 7 am. and 4 p.m. Access to and northbound back to residences and businesses, as Southwest First Street. well as es at, all major intersections, will be main - ; SOUTHWEST EIGHTH tained of all times. STREET One eastbound lane between LE JEUNE,ROAD Southwest First and Second near SR 112 avenues, and Southwest At the entrance to Miami Fourth and Fifth avenues is... International Airport from closed weeknights from State Road 112; egpect delay's 8 P.M. to 530 Am. along southbound Le jeune Road between Northwest t € 3 = y 36th and 21st streets and at GABLES AREA the S R 112 on- rampto MIA_ , . „_... ..x_c LE JEUNE ROAD between S6uthwest'16th J. -soupy .. u � CITY COURTESY NOTICE ! OF SOUTH MIAMI, FLORIDA fOn Tuesday, January 8, 2008, beginning at 7:30 p.m.; in the City Commission Chambers, 6130'-Sunset Drive, the..Ci Commission will hold Public Hearings _ to consider the following items: AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL .. I ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT +f 5700 SUNSET RAVE AS N HISTORIC R C S TE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -01) OVER THE” EXISTING ZONINGUSE DISTRICT FOR THIS PROPERTY AN ORDINANCE AMENDING SECTION 2.26:12: ENTITLED "GREEN TASK FORCE,° IN ORDER TO MODIFY THE :MEMBERSHIP :AND . r CHAIRPERSON SELECTION PROCESS N ORDINANCE AMENDING CHAPTER T OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION _7 -15;. "DEMOLITION: REQUIREMENT STANDARDS. AN ORDINNCE AMENDING ORDINANCE 31-07-193: 2 RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, 11 AND III; SCHEDULINGTHE DAYS, +i PLACE AND TIME- OF THE ELECTION; SCHEDULING THE DAYS PLACE AND TIME OF EARLY VOTING PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING, FOR CL05E °oF. ELECTION BOOKS; { APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. If you have any inquiries on the above items please contact the Planning Department's office at: 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez C MC City Clerk Pursuant to Florida statutes 286.0105, the City hereby advises the public that'd a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at ms meeting or _ hearing, he or she will need a record of the proceedings, and that for such purpose, aitecdar person may need to ensure that a verbatim record of the prbCeedings is madew}iich, @fiord Includes fhe )es0mohy and evidence upon which the appeal is to be based. .. o , 0 ry LU w m w U 0 > . 0 Z ula .. m s' a. i= W o`• L E O ou AR -ci JHN- U4 -t0bd UJ:4cf t-rom:UdN I'liami Le9als ,50b .54 (bb.5b CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE 18 HEREBY yivun that IhU Uily Conunission ul the City of South Miami. Florida will conduct Public Hearinna Fit its ronidnr (:Ity C:nmmfaalnn maytlnn jtnh4dukl d for TU?6ddy, January 8, 2D08 boginning at 7:30 p.m. in Intl City Commisnion C)hamhnrr,, 61:ill SLU)S .t DliVC. 10 Considcf the following itcrlls. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. Fl. oRIDA, RFI,ATING Tn A REQUEST TO AMEND THE OFFICIAL ZONIN13 MAN OF 1 HE QI I Y OF swrH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 57()(1 SI.INSFT DRIVE A$ AN HISTORIC SITE AND BY FLAGEMENY OF AN H19TORIC NHESEFIVAl ION OVLHLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVER - ARII ITY; PROVIDING FOR ORnINAN('F$ IN CONFI.JOT; AND PROVIDING AN EFFECTIVE DATE. AN UI'IDINANGL UP I HL MAYON AND CI I Y COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY COPE, AMENDING SECTION 2 26 12 ENTITLED 'GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIAl "C-FiSON SLLLC f IUN PROCESS; PROVIDING FOR SEVERABILITY; PROVIDIN5 FOR ORpINANCFS IN C0NFI.ICT;AND PROVIDING AN EFFECTIVE DATE, AN ORDINANCE OF THE MAYon AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER / OF THE SOUTH MIAMI CODE OF ORDINANCES 13Y ADDING SECTION 7 -15 'DEMOLITION RE'UUIREMENT STANDAIIDS;,, PIIOVIf11NG srvrnARII ITY, OnDINANC1-f. IN CONFLICT. AND AN EFFECTIVE DATE. AN OHUINANC I= OF 1 HL MAYOH AND CI I Y COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE 31.07.1 932 RELATING TO TIC YFAn 2008 GF.NFRAL. ELECTION OF THE MAYOR AND (`.ITY COMMIS- SIONERS FOR GROLIPS. II AND III. SCHEDULING THE DAY;;, PLACE AND TIME OF THE ELEGI'IUN; $UHEDULING TI IC DAYS. PLACE AND TIME OF EARLY VOTING; PROVID- IN6 FOR OiJAIJFICATION OF CANDIOATP:-%; PRC)VILIINC hOH C'LUSE OF ELECTION BOOKS, APPHOVING 1HE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN C:ONF( ICT, AND AN FFFFCTIVF DATF. If you have Any Inquiries on I ho ,)hove, items pin -%sn rent ? ,I the Planning Doparlmonc* offico at: 305. 663.6326 ALL inlerealad parlias are invited to attend and will be heurd. MdriA M Monondoz. CMC City Clerk Pialumni In Flnriria Slathaan 28!3.0105, the City hernhy Rdviana ihn ruhlir. that it a parson rioride6 to appeal any docition mado by this Ftgc rQ, Njumoy or Co,mmi^6ipn will) n >r,.pp,a 1p any nlnttor ronsidprod al Its mnnting or hoRring, ha or nhe will need n rernrd of thn prnreadingn, and that for such purpose. affoctod person rnav mood to onsure that a vorhatim rnnnrrl of tho prprondinpr is mndn whinh rorord inrlurlrrr. rhp loslimony ttilil CviilonCu upon wNell II10 appral it; to I)ii uwD0(1. 12128 07- 3- 02r8391 17M PROOF 10: - 5W: >bbJb.3`lb t'. ff'.5