12-04-07 Item 17South Miami
All- AmericaCilY
CITY OF SOUTH MIAMI 1 I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager 1
From: Julian Perez, Planning Direct
Date: December 4, 2007 ITEM No. /7
Subject:
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.
BACKGROUND
After recent concerns on demolition sites were expressed by members of the City Commission it
was determined that the City did not have regulations in place that would regulate the building
demolition process. It was agreed that the demolition of a structure and methods used during a
demolition can cause damage to adjoining property and increase the risk of injury to the general
public.
The Administration has prepared a draft ordinance amending the City Code to respond to this
issue. The ordinance includes regulations suggested by the Building Director, Code Enforcement
Division Chief, City Attorney, and the Planning Department. The proposed legislation responds
to concerns about potential impacts of demolition, including but not limited to public safety, tree
preservation, recycling of materials, site accessibility, site safety, and site aesthetics. It requires
the submission of a site management plan prior to issuance of a demolition permit.
RECOMMENDATION
It is recommended that the draft ordinance be approved first reading.
Backup Documentation:
Draft Resolution
JP /SAY
XAComm Items \2007 \12- 4- 07\Demolition Ord CM Report.doc
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ORDINANCE NO.
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, it is 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; and
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:
"Demolition" shall mean the partial or complete destruction or removal of a
building's exterior walls or portion thereof on any site.
"Demolition Permit" shall mean a permit issued by the City of South Miami
Building Department providing clearance to undertake a demolition.
"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.
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2 "Structures" shall mean anything constructed or erected, the use of which requires
3 permanent location on 'the ground or attached to something having a permanent
4 location on the ground; including but not limited to: buildings, signs, backstops for
5 tennis courts, fences, screen, enclosures and pergolas.
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7 SECTION 3: Section 7 -15.2 "Demolition Requirement Standards" is hereby
8 added as follows:
9 (a) No demolition may occur within the City of South Miami, without obtaining
10 a demolition permit that has satisfied all requirements set forth below. For all
11 demolition within the City, the following shall be completed and /or submitted
12 prior to the issuance of a demolition permit and prior to the commencement
13 of any and all demolition activity:
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15 1. A site management plan shall be submitted to City's Building
16 Department for review and approval prior to issuance of the
17 demolition permit. The site management plan shall include a plan of
18 the structure to be demolished, location of utilities, location of septic
19 tank (if applicable), material recycling, tree identification 'and
20 protection, site grading, sidewalk protection and measures to control
21 pedestrian access around the site, runoff control, weed control,
22 fencing or screening, site appearance control, and a demolition
23 schedule.
24 2. A notice of application for the demolition permit shall be posted in a
25 prominent location on the site for public inspection.
26 3. Any additional documents that may be required by the Building
27 Department, including but not limited to a survey of the property;
28 letter of disconnect from FP &L; water and sewer capping; approval
29 of outside agencies (when applicable) such as DERM; Department of
30 Health and; a bond from the Public Works Department.
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32 (b) All demolition sites shall be maintained free of debris and scrap materials.
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34 (c) During hurricane season (June thru November), site shall be maintained
35 cleaned of loose debris and /or secured in accordance with the City of South
36 Miami Code and the Florida Building Code.
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38 (d) All demolition sites shall be enclosed with a temporary six -foot fence which
39 shall be installed prior to starting the demolition activity. Except as otherwise
40 approved by the City of South Miami Building Official, the fence shall be chain
41 link, covered with green or black nylon material screening the demolition from
42 view, and installed on the front, side and rear lot lines. The fence shall not be
43 placed so as to create a public hazard and the fence gate shall be locked during
44 nonworking hours. Additional protective safeguards may be required where the
45 city identifies an attractive nuisance.
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47 (e) All demolition sites shall be monitored for dust control by hosing of debris
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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:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2007
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
JP
YADemolition Ordinance\Demollition Ordinance 11- 21- 2007Transmittal to City Commission.doc
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