04-01-08 Item 181 ORDINANCE NO.
2
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 MODIFYING SECTION 7-
6 15.2 "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE
7 ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING
8 FENCE PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION;
9 PROVIDING SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
10 EFFECTIVE DATE.
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13 WHEREAS, on January 8, 2008, the Mayor and City Commission enacted ordinance 02-
14 08 -1937, which ordinance established demolition standards for residential and non - residential
15 structures in the City of South Miami; and
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17 WHEREAS, to ensure uniform application of the ordinance, codified at section 7 -15.2 of
18 the City's Code of Ordinances, the mayor and City Commission desire to amend the ordinance to
19 ensure complete clarity in requiring. the fence be installed prior to demolition and any
20 construction; and
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22 WHEREAS, the demolition of a structure and practices used during demolition can
23 cause damage to an adjoining property and increase the risk of injury to the general public; and
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25 WHEREAS, the potential for impacts of demolition, including but not limited to public
26 safety, tree preservation, recycling of materials, site accessibility, site safety, and site aesthetics
27 will be better served by the creation of requirements that specifically address the preparation and
28 approval of a site management plan prior to issuance of a demolition permit; and,
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30 WHEREAS, the Mayor and City Commission desire to amend section 7 -15.2, relating to
31 demolition requirement standards to ensure that a fence is properly permitted and installed prior
32 to demolition.
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35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
36 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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38 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
39 confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
40 adoption hereof.
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42 SECTION 2. Section 7 -15.2 "Demolition Requirement Standards" is hereby added as
43 follows:
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45 (a) No demolition may occur within the City of South Miami, without obtaining a demolition
46 permit that has satisfied all requirements set forth below. For all demolition within the
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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 the 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; 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 exempt by the City of South Miami
Building Official. The fence permit is to be issued, and the fence installed, inspected, and
permit closed -out by the building department prior to initiating demolition or construction.
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 be
installed so as not ftet be plaeed so as to create a public hazard and the fence gate shall be
locked during nonworking hours. The fence shall remain in place through completion of
unfi4 construction is initiate , 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 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
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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 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:
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