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Ord. No. 25-05-1847
ORDINANCE NO. 25-05-1847 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 7 ENTITLED "BUILDINGS "; BY ADDING SECTIONS 7 -13, ENTITLED "SITE DEBRIS" AND 7 -14, ENTITLED "HURRICANE PROTECTION"; RELATING TO ENSURING THAT ALL CONSTRUCTION SITES ARE SECURED IN THE EVENT OF A HURRICANE OR WARNING OR WATCH; PROVIDING FOR SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hurricane Charley came ashore in the southwestern portion of Florida as a Category 4 hurricane and devastated communities in the southwestern and central portions of the State; and WHEREAS, Hurricane Frances came ashore on the east coast of Florida as a strong Category 2 hurricane and devastated communities on the east coast and central portions of the State; and WHEREAS, Hurricane Ivan came ashore on the west coast of Florida in the Pan Handle area as a category 5 hurricane and devastated a number of communities in the State, with extreme weather conditions, and posed an immediate danger to the lives and property of persons in the affected communities; and WHEREAS, the City may face future emergencies and damages due to tropical storms, hurricanes, or other weather related events, with debris from construction sites adding to the damage. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Chapter 7 of the Code of Ordinances of the City of South Miami, Florida, is hereby amended, as follows: Sec. 7 -13. Site debris. (a) The permit holder of any active or inactive construction project shall clean up and remove all construction materials debris including but not limited to: uninstalled and /or unsecured planks wood cinderblocks pve pipe plaint cans garbage cans etc prior to receiving final inspection approval from the City. Construction job sites shall be kept clean by ensuring that all accumulated construction materials and /or debris on the property be removed within 14 days. (b) All debris shall be contained in such a manner as to prevent it from being spread throughout the property or onto adjacent property y any means. (c) Any person who violates this section shall be guilty of a second - degree misdemeanor and subject to a fine of $500.00 payable within 30 days of service of the citation; or imprisonment for a term not to exceed 60 days. Pg. 2 of Ord. No. 25 -05 -1847 (d) Sec. 7 -14. Hurricane protection. (a) It shall be unlawful for any person to allow construction related materials, included but not limited to roof tiles lumber, scaffolding and debris to remain loose or otherwise unsecured at a construction site during the 24 hour period after a hurricane watch or warning is issued. This prohibition shall continue until the hurricane watch or warning is lifted. All such materials shall be removed from the construction site or secured in such a manner as to minimize the danger of such materials causing projectile damage to persons or property due to the high wind events. (b) Any person who violates this section shall be guilty of a second - degree misdemeanor and subiect to a fine of $500.00 payable within 30 days of service of the citation; or imprisonment for a term not to exceed 60 days. (c) If the construction site is not secured as described in Section 7-14(a), the City will proceed to clear the construction site and remove all unsecured construction related materials and debris. The roperty owner and /or contractor shall be billed by the City for the costs, plus a ten percent (10 %) administrative fee. Failure to timely_ pay shall result in a lien on the property. Section 2. If any section; clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED thisot4lay of 12005. ff ATTEST: 0':— CITY CLERK 1s`Reading- 7/19/05 2 °d Reading- 7/26/05 READ AND APPROVED AS TO FORM Luis,R- igueredo Office of City Attorney, Nagin, Gallop, Figueredo, P.A. APPROVED: EN, ,!'i;AF C ll� COMMISSION VOTE: 5 -0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Brits - Cooper: Yea Commissioner Sherar: Yea Commissioner Wiscombe: Yea \ \02srvplaw \prolaw \Documents \0022 \MJP \32292.doc ,'i1[tI IVA" fi CITY OF SOUTH MIAMI ,I•AmeYcaCity nter - office Memorandum 1111F 2001 TO: Mayor; Vice Mayor & City Commission FROM: Maria V. Davis r� City Manager ORDINANCE DATE: July 14t.2005 GENDA ITEM Nr . RE: Comm. Mtg. July 19, 2005 Construction debris and Hurricane Protection AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 7 ENTITLED "BUILDINGS "; BY ADDING SECTIONS 7 -13, ENTITLED "SITE DEBRIS" AND 7 -14, ENTITLED "HURRICANE PROTECTION"; RELATING TO ENSURING THAT ALL CONSTRUCTION SITES ARE SECURED IN THE EVENT OF A HURRICANE OR WARNING OR WATCH; PROVIDING FOR SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. FOR YOUR CONSIDERATION: The City of South Miami is located in a portion of the State which is prone to being affected by frequent hurricanes. It is the responsibility of the City to ensure the residences are not endangered in any way possible. The adding of these two sections to Chapter 7, of the City Code of Ordinances, will require that construction sites do not create a condition which will endanger the residences. Contactors and property owners who have construction in progress will be required to prepare for threatening hurricanes. By not doing so, this code amendment will legally give the City the right to fine the violators and to enter private property for the purpose of cleaning the site for a forthcoming hurricane. This amendment also gives the City the authority to charge the violator for the cost of securing the site plus a 10% administrative fee. The City will have the right to file a lien against the property for the cost plus the fine administered if they are not paid as prescribed by the amendment. RECOMMENDATION: We recommend Commission approval of the Ordinance IF N O 0 N J_ 7 a 0 0 J W x W,, V D m s i 31 • r°roiects up to 160 mph Hurricane winds • UP to 50% less compared to shutters - Anil -theft 24 hr. shutter9ess protection a Allows light to come in to your home - Saves energy a One time Installation Lifetime warranty T ©% OFF Exp. 9/31/05 >� A� ar 7j COURTESYNOT110E C ., 0TY OF SOUTH MPAM, FLORY®A On Tuesday, July 26 2005, beginning at 7:30 P.m., In the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following Items: AN ORDINANCE RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AD VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION 20 -4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO DESIGNATED HISTORIC SITES" 'WHICH PROVISIONS WOULD MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON- CONFORMING SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF' NON- CONFORMINRUSES, VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES. AN ORDINANCE RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI - DADE COUNTY TO PROVIDE :CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO, FLSOOODD3. THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS SITE DEBRIS AND 7 -14, HURRICANE PROTECTION. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 3.5(G) )F'T,HE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILOWG SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET 15 REQUIRED; A VARIANCE TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC TO PERMIT 2 FEET 61NCHES OF ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI, FLORIDA THE PURPOSE OFTHE VARIANCE IS TO PERMIT THE CONSTRUCTION OF ANEW THREE STORY MIXED USE BUILDING. equidloi concerning this item should be directed to the Planing Department at 305.663 -6326. ALL Interested parties are Invited to attend and will be heard. raavia N9. Whimpl adea: City Cleric . Pursoantto Florida Statutes 286.0105, the CIN hereby redNSes the public that if a person declen to repeal any decision made by this Board, Agency or Commission with respect to any maker Considers i t Its meeting or hearing, he or she will need a record of the proceedings, afW That for push pur 81 affected person may need to ensure that a verbatim record of the Preceedhi s Is nude which record Includes the mallmony, and evidence upon which the appeal is to be based FROM THE MERGHTERS Get educated about area sm Lt: Snanti Hall is a veteran firefighter who now works in the Miami -Dade Fire Rescue Department's Public Affairs Office. She also writes this col -. umn for Neighbors. To reach her, 'e -mail fiPefighter@her- ald.com, I saw a snake in my yard. Are snakes in Miami danger- ous? - };�, ' @ the summer." L She replied, yi as,4n "Thanks HAU. honey, but the dating game isn't any easier in the winter, either." Miami -Dade County is home to a surprising number of real snakes, too. There are many Varieties native to the area, although most are harm- less and rarely seen since they are both fast and shy. There are only four types of - dangerous snakes found ti rally in South Florida. The first three are Pit Vipers: 0 The Eastern Diamond - back Rattlesnake, which can reach more than six feet. ©' The Pygmy Rattlesnake, which is I to 2 feet' long and very aggressive. o The Cottonmouth or Water Moccasin, which is usu• ally found near water. Snakes in the Pit Viper fan -. ily are all identifiable by the diamond - shaped heads, Whic have a pit between the eye They all have vertically ellipt cal (or cat - like) pupils and tw prominent fangs. Rattlesnake me further identifiable b their rattlers, but you shoul know that they don't alway rattle prior to striking: Signs and symptoms of a pi viper bite may include: twr distinctive punctures, pain anc R swelling at thesite, weakness nausea, vomiting, numbness and tingling around the face or head, and a metallic or unumai taste in the mouth. The fourth dangerous snake native to South Florida is the Coral Snake, and it's a tricky' one. It doesn't have any of the distinctive features of the Pit Vipers, and with it's red, yellow and black rings, it actually looks a lot like several other harmless snakes found in rho state. The only differ- ence is the order of the col- , ored rings. There is a saying involving a "friend ofjack" and "killing a fellow "`that is supposed to help you remember which one is dangerous, but even in the most ideal situations, I Have a hard time remembering, it cor- reedy. I can just imagine the trou- ble I would have trying to get it right while locked in a fierce staring match with any snake' wearing red, yellow and black. Abetter way to remember is to think of a stoplight. It goes yellow,' then red,, and then you STOP. If the snake's rings have yellow that touches red, you STOP. Of course, my favorite reminder is to. stay away no matter what order the rings are in, just to be on the e. Sl6sh ProyelobrSunday w. x."F Herald has hundreds of dollars of free coupons;every week. Save money OI #tr r groceries and cosmetics. Get discounts at restaurants. Receive special offers, rv� � , �r at. C6apoons in sanduilg P s Hemkiid. War `t � , .a Saw movoy acs stag ym bay 0yolly D SAVE C ®COQNUi GR ®41 I noticed my. neighbor doing some Yard work the other day, rib",s. and I casually "Careful, said, Miami is full y"'`atc,rn! of snakes in };�, ' @ the summer." L She replied, yi as,4n "Thanks HAU. honey, but the dating game isn't any easier in the winter, either." Miami -Dade County is home to a surprising number of real snakes, too. There are many Varieties native to the area, although most are harm- less and rarely seen since they are both fast and shy. There are only four types of - dangerous snakes found ti rally in South Florida. The first three are Pit Vipers: 0 The Eastern Diamond - back Rattlesnake, which can reach more than six feet. ©' The Pygmy Rattlesnake, which is I to 2 feet' long and very aggressive. o The Cottonmouth or Water Moccasin, which is usu• ally found near water. Snakes in the Pit Viper fan -. ily are all identifiable by the diamond - shaped heads, Whic have a pit between the eye They all have vertically ellipt cal (or cat - like) pupils and tw prominent fangs. Rattlesnake me further identifiable b their rattlers, but you shoul know that they don't alway rattle prior to striking: Signs and symptoms of a pi viper bite may include: twr distinctive punctures, pain anc R swelling at thesite, weakness nausea, vomiting, numbness and tingling around the face or head, and a metallic or unumai taste in the mouth. The fourth dangerous snake native to South Florida is the Coral Snake, and it's a tricky' one. It doesn't have any of the distinctive features of the Pit Vipers, and with it's red, yellow and black rings, it actually looks a lot like several other harmless snakes found in rho state. The only differ- ence is the order of the col- , ored rings. There is a saying involving a "friend ofjack" and "killing a fellow "`that is supposed to help you remember which one is dangerous, but even in the most ideal situations, I Have a hard time remembering, it cor- reedy. I can just imagine the trou- ble I would have trying to get it right while locked in a fierce staring match with any snake' wearing red, yellow and black. Abetter way to remember is to think of a stoplight. It goes yellow,' then red,, and then you STOP. If the snake's rings have yellow that touches red, you STOP. Of course, my favorite reminder is to. stay away no matter what order the rings are in, just to be on the e. Sl6sh ProyelobrSunday w. x."F Herald has hundreds of dollars of free coupons;every week. Save money OI #tr r groceries and cosmetics. Get discounts at restaurants. Receive special offers, rv� � , �r at. C6apoons in sanduilg P s Hemkiid. War `t � , .a Saw movoy acs stag ym bay 0yolly D $ § k {/ \� to a� o,! \\_ : \{ \( { ( /\ \ {! �