Ord No 06-24-2491ORDINANCE NO. 06-24-2491
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 7-16. -"PRE-
CONSTRUCTION AND CONSTRUCTION STANDARDS
FOR SITES", OF CHAPTER 7 "BUILDINGS," OF THE
CITY'S CODE OF ORDINANCES, TO REQUIRE A
RESTORATION BOND FOR CONSTRUCTION WORK
IMPACTING CITY PROPERTY AND/OR RIGHTS-OF-
WAY, TO PROHIBIT CONSTRUCTION WORK ON LEGAL
HOLIDAYS IN RESIDENTIAL DISTRICTS, AND TO
REQUIRE A STAGING AND PARKING PLAN FOR
CONSTRUCTION SITES; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami ("City") finds it
periodically necessary to amend its Code of Ordinances ("Code") to update regulations and
procedures to maintain consistency with state law, implement municipal goals and objectives,
clarify regulations, and address specific issues and needs that may arise; and
WHEREAS, Section 7-16, "Pre-construction and construction standards for sites", of
Chapter 7, "Buildings'\ of the City's Code provides for standards and requirements for
construction activity on construction sites, including pennissible construction hours, and
restoration of paving and surfacing work in areas within or outside of easements and rights-of-way
impacted by construction activity, but does not currently require a bond to ensure such restoration
occurs; and
WHEREAS, Section 7-16 does not currently require a construction staging and parking
plan to address impacts of construction on adjacent or neighboring sites, including parking of
construction vehicles and workers; and
WHEREAS, Section 7-16 does not cu1Tently prohibit construction in residential districts
on legal holidays as recognized by the City, which construction impacts neighbors on holidays
when most residents are at home and not working; and
WHEREAS, the City Commission finds that amendments are necessary to Section 7-16
of the City Code to provide additional standards and requirements for construction work impacting
public areas and adjacent or neighboring properties and residents, specifically: (i) to require a
restoration bond for any construction work impacting city property and/or public-rights-of-way;
Page 1 ofS
Ord. No. 06-24-2491
(ii) to prohibit construction in residential districts on legal holidays; and (iii) to require a
construction staging and parking plan for construction sites; and
WHEREAS, on February 20, 2024, the City Commission approved the ordinance on first
reading; and
WHEREAS, on March 5, 2024, the Mayor and City Commission conducted a duly noticed
public hearing as required by law and approved the ordinance on second reading: and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are h-ue and correct and are incorporated
herein by this reference.
Section 2. Amending Section 7-16, "Pre-construction and construction standards
for sites", of Chapter 7, "Buildings", of the City Code. Section 7-16, "Pre-construction and
construction standards for sites", of Chapter 7, "Buildings", of the City Code of Ordinances, is
hereby amended to read as follows:
CHAPTER 7. -BUILDINGS
***
Sec. 7-16. Pre-constmction and construction standards for sites.
(a) No construction may occur within the City of South Miami, without obtaining all
applicable pennits.
(b) All construction sites shall be maintained free of debris and scrap materials.
(c) During hurricane season (June thru November), the construction 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 construction sites shall be enclosed with a temporary six-foot fence which shall be
installed prior to starting the construction activity, unless exempt by the City of South Miami
Building Official. Construction shall be defined to include new construction of stnictures,
additions to existing stmctures, renovation of existing sh-uctures, and any construction that shall
include excavation or exposure of the interior of an existing stnicture. Construction shall not
include paving or repaving of a driveway, or other re-surfacing and/or minor interior renovations
or construction which is not exposed to the elements. The fence pennit is to be issued, and the
fence installed, inspected, and permit closed-out by the building department prior to initiating
constmction. Each site, must additionally comply with section 7-15.2, relating to demolition
1 Coding: StFilEethreugh wei.=Eis are deletions to the existing words. Underlined words are additions to the existing
words. Changes bet~ve,en first and second reading are indicated with ileuhle olfihelllfeugh nnd double underline and
are highlighted in gr~y.. Modifications made at second reading are shaded in ~~-
Page2 of5
Ord. No. 06-24-249 l
permit requirements if demolition permit is needed. The required perimeter fence shall be chain
link, covered with green or black nylon material screening the construction from view, and
installed on the front, side and rear lot lines. The fence shall be installed so as not to create a public
hazard and the fence gate shall be locked during nonworking hours. The fence shall remain in
place through completion of construction, unless exempt by the City of South Miami Building
Official. Additional protective safeguards may be required where the city identifies an attractive
nuisance.
( e) All constmction sites shall be monitored for dust control by hosing of debris with water.
(0 All city property, public rights-of way and easement areas, sidewalks, pavement.
surfacing, driveways curbs, walks, buildings, utility poles, fences, and other surface structures
affected by the construction operations, together with all sod and shrubs in such areas, yards.
parkways, and medians shall be restored to their original conditions, whether within or outside the
city property, public easemeat rights-of-way or easement areas. All replacements shall be made
with new materials. Prior to the issuance of any pennit for construction work, a cash or surety
bond shall be required of the owner or contractor, in a form acceptable to the city attorney and in
an amount sufficient to cover the costs of such repair and restoration work as determined by the
city manager or designee, as a guarantee that all city property, public rights-of-way and easement
areas, impacted or damaged by or in connection with construction activity {including but not
limited to damage caused by the owner or any contractor, materials suppliers or subcontractors}
will be repaired and restored to its original condition. The city manager or designee, at his/her sole
discretion, may require additional security or waive the requirement of such bond. On application,
any cash bond shall be refunded, or surety bond returned or cancelled, when final inspection by
the building inspector certifies that the conditions of the bond have been complied with; otherwise,
as much of the principal amount of the bond as may be necessary shall be retained by the city and
used to defray the expenses of repairing or restoring city property, which shall be done by the city.
In any event, if application for refund of a cash bond is not made within six months of the date of
the final building inspection, the bond will be forfeited to the city.
(g) All construction sites shall comply with the city's noise code. Within the Hometown
District and all other non-residential property located at least five hundred (500) feet from a
residential district, construction activity is permitted only between 7:00 a.m. through 6:00 p.m. on
weekdays, and between 9:00 a.m. through 5:00 p.m. on Saturday. Within all residential districts
and non-residential property located within five hundred (500) feet from a residential district,
construction activity shall be permitted only between 7:00 a.m. and 6:00 p.m. on weekdays. and
between 9:00 a.m. and 5:00 p.m. on Saturdays. The allowance for construction activity on
Saturdays within residential districts shall sunset automatically on October I, 2024, unless
extended by City Commission Resolution. No construction activity is pennitted on Sunday in any
district or on legal holidays (as recognized by the city) within all residential districts.
Notwithstanding the above, permitted construction hours may be extended for a construction
project by resolution of the city commission upon a finding of extraordinary circumstances.
(h) Construction Staging and Parking Plan. Owner or contractor shall stage construction
on the construction site to minimize traffic interruption and lane closures, except for tempora1y
instances where it is demonstrated to the satisfaction of the city manager or designee that
Page3 of5
Ord. No. 06-24-2491
temporary off-site staging is necessary to effectuate the construction. Owner and contractor shall
ensure that no loads are suspended over rights-of-way without a city right-of-way use permit
and/or Maintenance of Traffic {MOT) or a neighbor's property. Owner or contractor shall present
evidence of a Staging and Parking plan that addresses materials and equipment staging for the
construction, and provides for the provision of off-street parking {i) on the site where constmction
is occu1Ting, (ii) off-site on non-residential property within the city, or {iii} outside of city limits',
for construction workers during the period of construction of the approved project prior to the
issuance of a building permit. Construction worker parking in residential neighborhoods is
prohibited other than on the site where construction is occun'ing, and the owner and contractor
shall direct all workers not to park their vehicles in residential neighborhoods ( except that parking
on the site where construction is occuiring is permitted) or lease parking spaces from city residents.
The owner and contractor may contract with the city for construction worker parking in city
parking lots and/or city parking metered spaces. To the extent necessary, the owner or contractor
shall arrange for transportation for construction workers between parking areas and the
construction site. The Staging and Parking plan shall be reviewed, and if found satisfactory,
approved by the city manager or designee prior to the issuance of a building pennit. The owner or
contractor and the owner or contractor's sub-contractors are responsible to enforce the construction
parking plan with all employees, contractors and subcontractors. The owner shall be fined $500.00
for the first improperly parked construction worker vehicle and $1,000.00 for each subsequent
improperly parked construction worker vehicle in violation of this subsection while working on
the construction site Qimit of one fine per vehicle per day). The Staging and Parking plan shall
provide that the owner and contractor agree that all contractor and subcontractor agreements
applicable to construction site shall include a separate clause prohibiting construction workers
from parking on residential streets and that owner or contractor shall submit the proposed clause
for the approval of the city manager or designee together with submittal of the first building pennit
for the construction site.
***
Section 3. Corrections. Confonning language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4. Severability. 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 po11ions of this Ordinance.
Section 5. Conflicts. That all ordinances or pa11s of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such contlict.
Section 6. Implementation. That the City Manager and City Attomey are authorized
to take any and all actions necessary to implement the Ground Lease and the purposes of this
Ordinance, including acting as the City's authorized representative for all matters related to the
Ground Lease and Facility.
Section 7.
adoption.
Effective Date. This Ordinance shall become effective immediately upon
Pagc4 ofS
Ord. No. 06-24-2491
PASSED on first reading on the 20th day of February, 2024.
PASSED AND ADOPTED on second reading on the 5th day of March, 2024.
ATTEST:
CITYC.~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION T_;,----,._,,.....OF
WETSS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
M~
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
4-0
Yea
Absent
Yea
Yea
Commissioner Corey: Yea
Page 5 of5
Agenda Item No:12.
City Commission Agenda Item Report
Meeting Date: March 5, 2024
Submitted by: Marcus Lightfoot
Submitting Department: Building Department
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 7-16. – “PRE-CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES”,
OF CHAPTER 7 “BUILDINGS,” OF THE CITY’S CODE OF ORDINANCES, TO REQUIRE A RESTORATION
BOND FOR CONSTRUCTION WORK IMPACTING CITY PROPERTY AND/OR RIGHTS-OF-WAY, TO
PROHIBIT CONSTRUCTION WORK ON LEGAL HOLIDAYS IN RESIDENTIAL DISTRICTS, AND TO
REQUIRE A STAGING AND PARKING PLAN FOR CONSTRUCTION SITES; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR
FERNÁNDEZ)
Suggested Action:
Attachments:
CM_Memo_Construction_Staging_Plans (1).docx
48A7138-Ordinance Re Bond Staging Construction Hours Etc SR.docx
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor,Vice Mayor,and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:March 5, 2024
SUBJECT:Pre-construction and construction standards for sites
RECOMMENDATION:Adoption of the proposed ordinance amending Section 7-16 of the City
Code, titled "Pre-construction and construction standards for sites."
BACKGROUND:The proposed ordinance seeks to address several key issues related to
construction activities within the City of South Miami. These issues include
the need for restoration bonds to ensure the proper restoration of city
property and public rights-of-way impacted by construction, the
prohibition of construction in residential districts on legal holidays, and the
requirement for construction staging and parking plans to minimize
disruptions and parking issues in adjacent areas.
The ordinance introduces amendments to Section 7-16 of the City Code,
outlining specific requirements for construction sites, including the
installation of temporary fences, maintenance of cleanliness and dust
control measures, and adherence to noise regulations. Additionally, the
ordinance mandates the provision of restoration bonds, prohibits
construction in residential districts on legal holidays, and requires the
submission and approval of construction staging and parking plans.
The adoption of this ordinance will lead to several benefits for the City of
South Miami. By requiring restoration bonds, the city can ensure that
construction activities do not result in long-term damage to public
property and rights-of-way. Prohibiting construction on legal holidays will
help minimize disruptions to residents in residential areas. Furthermore,
the implementation of construction staging and parking plans will
contribute to improved traffic management and reduced inconvenience
for neighboring properties.
In conclusion, the proposed ordinance represents a significant step
forward in enhancing construction regulations within the City of South
Miami. Its adoption will contribute to the protection of public property,
the reduction of disturbances to residents, and the improvement of
construction site management practices.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITYMANAGER
INTER-OFFICE MEMORANDUM
FUNDING:No effect.
ATTACHMENTS:Ordinance
3
4A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 23 2024
“I can’t give you jus-
tice,”he said.
Walton showed very
little emotion during the
sentencing,stroking his
chin and briefly covering
his eyes with his left hand.
Given the chance to
speak,he chose not to.He
was handcuffed and fin-
gerprinted and taken away
by Miami-Dade correc-
tions officers through a
back door in Courtroom
4-3 of Miami-Dade’s crim-
inal courthouse.
His attorney,Alan
Greenstein,said there
would be an appeal,likely
over insufficient evidence
to convict.It’s an argu-
ment that rarely sways
appellate judges.
A GIRL’S DEATH OVER
SNEAKERS
Prosecutors from the
Miami-Dade State At-
torney’s Office say
Camps-Lacayo lost her life
during the botched theft
of three pairs of name
brand sneakers that she
and her boyfriend,both
Miami-Dade high-school
seniors,were trying to sell
to make some money
during the early days of
the COVID-19 pandemic.
The prosecutors suc-
cessfully argued that Wal-
ton and friend Adrian
Cosby were trying to steal
three new pairs of Adidas
Yeezy sneakers,a pricey
joint venture between the
shoe giant and music
superstar Kanye West.
The shoes sell for $2 35 in
retail stores and much
more on the re-sale mar-
ket.
According to police and
prosecutors,Camps-La-
cayo’s boyfriend,Sergio
Berben,—a prolific In-
stagram user in high
school and who said he
used the social-media site
to dabble in stock trades
—advertised the resale of
the Yeezys on an Insta-
gram page that he created
and called kickzone305.
Prosecutors said he was
contacted by direct mes-
sage on the app on the
morning of April 7,2020,
by Eric Readon,who was
Facetiming with Walton at
the same time he was
negotiating a sale price
with Berben.
They agreed on a sale
price of $935.With no
meeting time or place yet
set,Berben picked up his
girlfriend to go out to
breakfast before heading
over to the gated commu-
nity in the 2 7000 block of
Southwest 12 1st Court,
where he expected to
meet Readon.
When Berben and
Camps-Lacayo arrived at
the community at 1:15
p.m.,Berben contacted
Readon,who directed him
to the front of an aban-
doned home.While Ber-
ben’s white Jeep Wrangler
was parked at the curb
and still in drive with its
engine on,Walton showed
up.Berben lowered his
window,and the two chat-
ted.
Prosecutors said Walton
asked to try on the shoes.
Berben refused,wanting
the money first.Walton
claims to have been look-
ing at the Cash App on his
phone when Cosby
showed up behind him,
walking along the edge of
the road.
Suddenly,prosecutors
say,Cosby lurched toward
the vehicle after pulling a
pistol from his jacket.
Berben began to speed off,
but Cosby got off several
rounds,one striking
Camps-Lacayo in the
stomach,another hitting
Berben’s arm.Berben
drove the Jeep out of the
complex and pulled over
on Southwest 112th Ave-
nue near a Florida Turn-
pike exit and called 911.
Jurors heard the 911 call
in which Berben begged
for help and a dispatcher
did all she could to keep
him calm and help
Camps-Lacayo until help
arrived.They were trans-
ported to a hospital.Ber-
ben survived.His girl-
friend did not.
Though prosecutors
admit Walton didn’t fire
the weapon,that doesn’t
matter under state law.A
person taking part in any
crime when a death occurs
—whether they physically
committed it or not —can
be charged with homicide
in Florida.The gun was
never found.
Cosby was also arrested
and charged with the
same crimes as Walton.
His trial date is set for
April.
‘ROBBERY
THAT WENT BAD’
During Wednesday’s
closing arguments,Miami-
Dade Assistant State At-
torney Sara Imm called
the attempted robbery a
“set up.This was a rob-
bery that went bad,”she
told jurors.
And though the state
couldn’t provide actual
audio or text exchanges in
which a potential robbery
was discussed —Imm
provided a convincing
timeline that showed con-
tinual interactions among
Readon,Cosby and Wal-
ton leading up to the
death of Camps-Lacayo.
She also explained to
jurors how Walton deleted
541 pictures and texts
when police showed up at
Cosby’s home the day
after the murder.
“The robbery did not go
as planned.And as a result
there was loss of life,”
Imm told jurors.“They
did not plan to kill anyone,
but it was reasonably
foreseeable.”
Walton’s attorney,
Greenstein,countered
that the state’s case was
full of “assumptions,sup-
positions and inferences,
but no proof.”And he said
his client didn’t use any
force to try to take the
shoes.
“They proved what?
That they were friends,
that they knew each oth-
er?”he asked the jury.
Responding to the
state’s timeline that
showed Walton and Cosby
running off after the
shooting,Greenstein
called it instinctive.
“He’s done some stupid
things in his life.Running
from this was one of
them,”the lawyer said of
his client.“But running is
natural under these cir-
cumstances.He was
scared.”
Relatives of Andrea Camps-Lacayo embrace after the verdict in Miami on Wednesday.
Miami-Dade Circuit Court Judge Miguel M.de la O was
emotional on Wednesday.‘I can’t give you justice,’he told
Andrea Camps-Lacayo’s family.
PHOTOS BY PEDRO PORTAL pportal@miamiherald.com
Alexander Camps and Maria Camps-Lacayo,the parents
of Andrea Camps-Lacayo,listen to the verdict against
George Oshane Walton on Wednesday in Miami.
FROM PAGE 1A
TRIAL
‘‘HE’S DONE SOME
STUPID THINGS IN
HIS LIFE.RUNNING
FROM THIS WAS
ONE OF THEM.
Attorney Alan Greenstein,
about his client,George
Oshane Walton
9