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51 ORDINANCE NO. _____ _ 2 3 An Ordinance amending Section 7-15.2 (g) of the Code of Ordinance of the 4 City of South Miami in pertinent part to provide for Commission approved 5 change in demolition days and hours of operation 6 7 WHEREAS, from time to time a project that will benefit the City of South Miami may, 8 due to extraordinary circumstances require work to be performed on Sundays and earlier than 9 9:00 a.m. on Saturdays and 10 11 WHEREAS, the Mayor and the City Commission desire to provide for more flexibility 12 under extraordinary circumstances for changing the days and hours of permissible work. 13 14 NOW, THEREFORE, BE IT ORDAINED BV THE MAYOR AND CITY 15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 16 17 Section 1. Section 7-15.2 (g) of the Code of Ordinance of the City of South Miami is 18 hereby amended in pertinent part to read as follows: 19 20 Sec. 7-15.2. -Demolition requirement standards. 21 * * * 22 (g) All demolition sites~ shall comply with the city's noise code, DElemolition activity 23 is limited bet'vveen to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from 24 Monday thru through Friday, and between the hours of 9:00 a.m. through 5:00 p.m. on 25 Saturday hours shall be from 9:00 a.m. to 5 :00 p.m. No demolition activity is permitted 26 on Sunday. Notwithstanding the above, all days of the week and hours may be changed 27 by resolution of the City Commission upon a finding of extraordinary circumstances. 28 29 Section 2. Codification. The provisions of this ordinance shall become and be made 30 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 31 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 32 "ordinance" may be changed to "section" or other appropriate word. 33 34 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 35 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 36 shall not affect the validity of the remaining portions of this ordinance. 37 38 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 39 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 40 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 41 that give the appearance of being in conflict when the two ordinances can be harmonized or 42 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 43 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 44 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 45 to harmonize the two ordinances shall be repealed. 46 47 Section 5. Effective Date. This ordinance shall become effective upon enactment. Page 1 of2 1 2 3 PASSED AND ENACTED this __ day of ,2015. 4 5 ATTEST: APPROVED: 6 7 8 9 CITY CLERK MAYOR 10 1st Reading 11 2nd Reading 12 13 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 14 LANGUAGE, LEGALITY AND Mayor Stoddard: 15 EXECUTION THEREOF Vice Mayor Harris: 16 Commissioner Edmond: 17 Commissioner Liebman: 18 Commissioner Welsh: 19 CITY ATTORNEY 20 Page 2 of2