04-01-08 Item 171:7
1 ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
5 SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7-
6 16 "PRE- CONSTRUCTION AND CONSTRUCTION STANDARDS FOR
7 SITES;" REQUIRING CONSTRUCTION SITES TO BE KEPT IN A
8 CLEAN AND ORDERLY CONDITION; REQUIRING THE
9 INSTALLATION OF A CHAIN LINK FENCE PRIOR TO
10 CONSTRUCTION ALONG THE BORDERS OF THE SITE; AND TO
11 PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE
12 PERMIT PRIOR TO CONSTRUCTION; PROVIDING SEVERABILITY;
13 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
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16 WHEREAS, on January 8, 2008, the Mayor and City Commission enacted ordinance 02-
17 '08 -1937, which ordinance, codified at section 7 -15.2, established demolition standards for
18 residential and non - residential structures in the City of South Miami; and,
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20 WHEREAS, as to ensure that not only demolition sites are required to install a chain link
21 fence prior to demolition and any associated construction, the Mayor and City Commission
22 desire to specifically require the same terms and conditions for all construction sites within the
23 City of South Miami, regardless of whether the site requires a demolition permit; and,
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25 WHEREAS, both the demolition and/or construction of a structure and the associated
26 practices used during demolition or construction can cause damage to an adjoining property and
27 increase the risk of injury to the general public; and,
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29 WHEREAS, the potential for impacts of construction sites, include but are not limited to
30 public safety, tree preservation, recycling of materials, site accessibility, site safety, and site
31 aesthetics will be better served by the creation of requirements that specifically address the
32 preparation and approval of a site management plan prior to issuance of a permit; and,
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34 WHEREAS, the Mayor and City Commission desire to create section 7.16, entitled Pre -
35 Construction and Construction Standards for Site," relating to pre - construction site preparation
36 and development standards to ensure that a fence is properly permitted and installed prior to
37 construction.
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40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
41 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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43 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
44 confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
45 adoption hereof.
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I SECTION 2. Section 7 -16 "Pre- Construction and Construction Standards for
2 Sites" is hereby added as follows:
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6 7 -16 Pre - Construction and Construction Standards for Sites.
8 (a) No construction may occur within the City of South Miami, without obtaining all
9 applicable permits.
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11 (b) All construction sites shall be maintained free of debris and scrap materials.
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13 (c) During hurricane season (June thru November), the construction site shall be maintained
14 cleaned of loose debris and/or secured in accordance with the City of South Miami Code and
15 the Florida Building Code.
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17 (d) All construction sites shall be enclosed with a temporary six -foot fence which shall be
18 installed prior to starting the construction activity, unless exempt by the City of South Miami
19 Building Official. Construction shall be defined to include new construction of structures,
20 additions to existing structures, renovation of existing structures, and any construction that
21 shall include excavation or exposure of the interior of an existing structure. Construction
22 shall not include paving or repaving of a driveway, or other re- surfacing and/or minor
23 interior renovations or construction which is not exposed to the elements. The fence permit
24 is to be issued, and the fence installed, inspected, and permit closed -out by the building
25 department prior to initiating construction. Each site, must additionally comply with section
26 7 -15.2, relating to demolition permit requirements if demolition permit is needed. The
27 required perimeter fence shall be chain link, covered with green or black nylon material
28 screening the construction from view, and installed on the front, side and rear lot lines. The
29 fence shall be installed so as not to create a public hazard and the fence gate shall be locked
30 during nonworking hours. The fence shall remain in place through _ completion of
31 construction, unless exempt by the City of South Miami Building Official. Additional
32 protective safeguards may be required where the City identifies an attractive nuisance.
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34 (e) All construction sites shall be monitored for dust control by of debris with water.
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36 (f) All pavement, surfacing, driveways curbs, walks, buildings, utility poles, fences, and
37 other surface structures affected by the construction operations, together with all sod and
38 shrubs in yards, parkways, and medians shall be restored to their original conditions, whether
39 within or outside the easement right -of -way. All replacements shall be made with new
40 materials.
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42 (g) All construction sites shall comply with the City's noise code. Construction activi1y is
43 limited between the hours from 7:00 A.M. -6:00 P.M., Monday thru Friday. Saturday
44 shall be from 9:00 A.M. to 5:00 PM. No construction activity is permitted on Sunday.
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SECTION 3. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 4. 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 5. This ordinance shall be codified and included in the Code of
Ordinances.
SECTION 6. This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this day of , 2007
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by ever-stfiking.