09-02-08 Item 13South Miami
All - America My
Q
N CITY OF SOUTH MIAMI � P.
�c 1927oP OFFICE OF THE CITY MANAGER
oar INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager,"
From: Eva Rosa, Code Enforcement Manager`
Date: August 19, 2008
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING ARTICLE III,
SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE
AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Request: N/A
Reason /Need: The Administration has recently amended Chapter 7 of the South Miami Code
of Ordinances by creating Section 7 -15 - "Demolition Requirement Standards,"
and Section 7 -16, "Pre- Construction and Construction Standards for Sites ".
These Sections provide for hours of operation relating to construction and
demolition, which are in conflict with the hours indicated under Article III,
Section 15 -91 "Noise ".
Cost: N/A
Funding Source: N/A
Backup Documentation: - Code of Ordinances Section 15 -91
- Section 7 -15 "Demolition ..." (to be codified Oct., 2008)
Section 7 -16 "Pre- Construction ..." (to be codified Oct., 2008)
CADocuments and SettingsWgarcia\Local Settings \Temporary Internet Files \OLK2E \Ord noise hours amendment.doc
ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING
4 ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES;
5 CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS
6 PERMITTED, PROVIDING FOR SEVERABILITY; PROVIDING FOR
7 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, The Administration has recently amended Chapter 7 of the South Miami
9 Code of Ordinances by creating Section 7 -15 "Demolition Requirement Standards," and
10 Section 7 -16, "Pre- Construction and Construction Standards for Sites," and
11 WHEREAS, The new Sections, Chapter 7 Section 7 -15 and 7 -16 provide for hours
12 of operation relating to construction and demolition, which are in conflict with the hours
13 indicated under Article III, Section 15 -91 "Noise "; and
14 WHEREAS, In order to maintain consistency, it would be appropriate to amend the
15 City Code, Art icle III, Section 15 -91, "Noise ", (Pile Drivers, steam shovels, pneumatic
16 hammers, etc), to reduce the time in which this type of noise is permitted without permission.
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NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article III, Section 15 -91, "Noise" of the Code of Ordinances (Pile
Drivers, steam shovels, pneumatic hammers, etc.), is hereby amended
to include the following language:
Article III. Noise
Section 15 -91 (Pile Drivers, steam shovels, pneumatic hammers, etc)
It shall be unlawful for any person in conducting any building
operations on Mondays — Sys Fridays between the hours of
-7--A9 p7m-. 6:00 p.m. and 7 am., Saturdays before 9:00 a.m. and after
5:00 p.m., and all day on Sundays, to operate or use any pile- driver,
steam shovel, pneumatic hammer, derrick, steam or electric hoist or
other apparatus, the use of which is attended by loud or unusual noise,
except by written permission of the city manager, and then only in
case of emergency.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. 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.
Additions shown by underlining and deletions shown by eveotr-iking.
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Section 4. This ordinance shall be effective immediately after the adoption
hereof
PASSED AND ADOPTED this day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
I" Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by everstf9dag.
§ 15 -88 OFFENSES AND MISCELLANEOUS PROVISIONS § 15 -92
pose only of giving necessary safety signals; upon stationary
engines in factories or other industrial establishments at the time
of beginning or quitting work in such establishments; upon
vessels, craft and floats for the purpose of giving only necessary
marine signals. Air -raid warning signals are hereby excepted.
(Ord. No. 1110, § 1., 8 -4 -81)
Sec. 15 -89. Discharge of combustibles.
It shall be unlawful to fire or discharge a gun, squibs, crackers,
gunpowder or other combustible substance in the streets or
elsewhere for the purpose of making noise or disturbance, except
upon proclamation or by written permission of the city manager.
(Ord. No. 1110, § 1, 8 -4 -81)
Sec. 15 -90. Whistles or gongs similar to those . on emer-
gency vehicles.
It slall:be unlawful for any person to carry or use upon any
vehicle any gong or'siren whistle similar to that used. on ambu-
lances or vehicles of the police or fire departments.
(Ord.. No. 1710, § 1, 8 -4 -81)
Sec. 15 -91. Pile- drivers, steam shovels, pneumatic ham-
mers, etc.
It shall be unlawful for any person in conducting any building
operations on Mondays through Saturdays between the hours of
7:00 p.m. and 7:00 a.m.; and all day on. Sundays, to operate or use
any pile - driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist or other apparatus, the use of which is attended.. .
by loud or unusual noise, except by written permission. of the city
manager, and then only in case of emergency.
(Ord. No. 1110, § 1., 8 -4 -81; Ord. No. 1.789, § 1, 3- 18 -03)
Sec. 15 -92. Emission of steam and other gases.
It shall be unlawful to permit or cause the emission of steam or
other gases if such emission cannot be done without the produc-
tion of disturbing noises.
(Ord. No. 1110, § 1, 8 -4 -81)
Supp. No. 60 226.01.1
ORDINANCENO. 02 -08 -1937 �/5
n f.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15
"DEMOLITION REQUIREMENT STANDARDS;" PROVIDING
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the purpose of this ordinance is to establish clear demolition
standards for residential and non - residential structures in the City of South Miami;
and
WHEREAS, it is important to have clear, consistent and easy to use
regulations within the Code of Ordinances; and
WHEREAS, the demolition of a structure and practices used during
demolition can cause damage to an adjoining property and increase the risk of injury
to the general public; and
WHEREAS, the potential for impacts of demolition, including but not
limited to public safety, tree preservation, recycling of materials, site accessibility,
site safety, and site aesthetics will be better served by the creation of requirements
that specifically address the preparation and approval of a site management plan
prior to issuance of a demolition permit.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: .
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed- as being -true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2. Section 7 -15.1 "Definitions" of Chapter 7 of the Municipal
Code is hereby added as follows: '
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"Demolition" shall mean the partial or complete destruction or removal of a building
or portion thereof on any site.
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"Demolition Permit" shall mean a permit issued by the City of South Miami
Building Department providing clearance to undertake a demolition.
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"Incidental Structural" mean accessory structure or buildings, including but not
limited to sheds, trellises, fences, gazebos, play structures, and other similar
structures as determined by the Planning and Building Directors. 1
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Ord. No. 02 -08 -1937
"Structures" shall mean anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a permanent
location on the ground; including but not limited to: buildings, signs, backstops for
tennis courts, fences, screen, enclosures and pergolas.
SECTION 3: Section 7 -15.2 "Demolition Requirement Standards" is hereby
added as follows:
(a) No demolition may occur within the City of South Miami, without obtaining
a demolition permit that has satisfied all requirements set forth below. For all
demolition within the 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 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; and the
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 exempted by
the City of South Miami Building Official. 91pon* CIO
tho'''`" 0C �"' D" "a'"rr 0`� ', 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 not be placed so as
to create a public hazard and the fence gate shall be locked during nonworking
hours. The fence shall remain in place until construction is initiated, unless
exempted by the City of South Miami Building Official Additional protective
safeguards may be required where the city identifies an attractive nuisance.
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Ord —No. 02 -08 -1937
(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 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 4: All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5: 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 6: This ordinance shall be codified and included in the Code of
Ordinances.
SECTION 7: This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this
ATTEST:
Q-l)y--2c--L,E(RK
READ AND APPROVED AS TO FORM:
CTTORNEY
at day of , 2005
APPROVED:
)Y�6- CA_ n
MAYOR
X:1Comm Items\2007\12- 18- 070emollition Ordinance 12- 18- 2007CA. doe
Commission Vote:
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:,
Commissioner Birts- Cooper:
Commissioner Beckman:
5 -0
Yea
Yea
Yea
Yea
Yea
3
ORDINANCE NO. 18 — 0 8 —19 5 3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7-
16 "PRE - CONSTRUCTION ANI&QNSTRiJCTi ®N STANDARDS ,.FOR ,_ r..
SITES;" REQUIRING CONSTRUC'T'ION SITES TO BE KEPT IN A
CLEAN AND ORDERLY CONDITION; REQUIRING THE
INSTALLATION OF A CHAIN LINK FENCE PRIOR TO
CONSTRUCTION ALONG THE BORDERS OF THE SITE; AND TO
PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE
PERMIT PRIOR TO CONSTRUCTION; PROVIDING SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, on January 8, 2008, the Mayor and City Commission enacted ordinance 02-
08 -1937, which ordinance, codified at section 7 -15.2, established demolition standards for
residential and non - residential structures in the City of South Miami; and,
WHEREAS, as to ensure that not only demolition sites are required to install a chain link .
fence prior to demolition and any associated construction, the Mayor and City Commission
desire to specifically require the same terms and conditions for all construction sites within the
City of South Miami, regardless of whether the site requires a demolition permit; and,
WHEREAS, both the demolition and/or construction of a structure and the associated
practices used during demolition or construction can cause damage toan adjoining property and
increase the risk of injury to the general public; and,
WHEREAS, the potential for impacts of construction sites, include but are not limited to
public safety, tree preservation, recycling of materials, site accessibility, site safety, and site
aesthetics will be better served by the. creation of requirements that specifically address the
preparation and approval of a site management plan prior to issuance of a permit; and,
WHEREAS, the Mayor and City Commission desire to create section 7.16, entitled Pre -
Construction and Construction Standards for Site," relating to pre - construction site preparation
and development standards to ensure that a fence is properly permitted and installed prior to
construction.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF: SOUTH MIAMI, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
Additions shown by underlining and deletions shown by e= er-
. 2 of Ord. No. 18 -08 -1953
SECTION 2. Section 7 -16 "Pre- Construction and Construction Standards for
Sites" is hereby added as follows:
7 -16 Pre- Construction and Construction Standards for Sites.
(a) No construction may occur within the City of South Miami without obtaining all
applicable permits.
(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 structures
additions to existing structures, renovation of existing structures and any construction that
shall include excavation or exposure of the interior of an existing structure Construction
shall not include paving or repaving of a driveway or other re- surfacing and/or minor
interior renovations of'construction which is not exposed to the elements The fence permit
is to be issued, and the fence installed inspected and permit closed -out by the building
department prior to initiating construction Each site must additionally comply with section
7 -15.2, relating to demolition 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 construction 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 construction 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 construction sites shall comply with the City's noise code Construction activity is
limited 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 construction activity is permitted on Sunda
Additions shown by underlining and deletions shown by e erstr crag.
. J
Pg. 3 of Ord. No. 18 -08 -1953
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 , 200'5
ATTEST:
%F CLERK
1st Reading: 5/6/08
2nd Reading: 6/3/08-
READ AND APPROVED AS TO FORM:
Ti is R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by everstfi .
{
o'ft
Yea
Yea
Yea
Yea
Yea