07-19-05 Item 22South Miami
TO: Mayor, Vice Mayor & City Commission DATE: July 19, 2005
FROM: Maria V. Davis L� GENDA ITEM No.
City Manager RE: Comm. Mtg. July 19, 2005
Construction debris and Hurricane
Protection
ORDINANCE
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE CODE OF ORDINANCES, CHAPTER 7 ENTITLED
"BUILDINGS "; BY ADDING SECTIONS 7 -13, ENTITLED "SITE DEBRIS"
AND 7 -14, ENTITLED "HURRICANE PROTECTION "; RELATING TO
ENSURING THAT ALL CONSTRUCTION SITES ARE SECURED IN THE
EVENT OF A HURRICANE OR WARNING OR WATCH; PROVIDING FOR
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
FOR YOUR CONSIDERATION:
The City of South Miami is located in a portion of the State which is prone to being affected by
frequent hurricanes. It is the responsibility of the City to ensure the residences are not
endangered in any way possible. The adding of these two sections to Chapter 7, of the City Code
of Ordinances, will require that construction sites do not create a condition which will endanger
the residences.
Contactors and property owners who have construction in progress will be required to prepare for
threatening hurricanes. By not doing so, this code amendment will legally give the City the right
to fine the violators and to enter private property for the purpose of cleaning the site for a
forthcoming hurricane. This amendment also gives the City the authority to charge the violator
for the cost of securing the site plus a 10% administrative fee.
The City will have the right to file a lien against the property for the cost plus the fine
administered if they are not paid as prescribed by the amendment.
RECOMMENDATION:
We recommend Commission approval of the Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE CODE OF ORDINANCES, CHAPTER 7 ENTITLED
"BUILDINGS "; BY ADDING SECTIONS 7 -13, ENTITLED "SITE DEBRIS"
AND 7 -14, ENTITLED "HURRICANE PROTECTION "; RELATING TO
ENSURING THAT ALL CONSTRUCTION SITES ARE SECURED IN THE
EVENT OF A HURRICANE OR WARNING OR WATCH; PROVIDING FOR
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Hurricane Charley came ashore in the southwestern portion of Florida as a
Category 4 hurricane and devastated communities in the southwestern and central portions of the
State; and
WHEREAS, Hurricane Frances came ashore on the east coast of Florida as a strong
Category 2 hurricane and devastated communities on the east coast and central portions of the
State; and
WHEREAS, Hurricane Ivan came ashore on the west coast of Florida in the Pan Handle
area as a category 5 hurricane and devastated a number of communities in the State, with
extreme weather conditions, and posed an immediate danger to the lives and property of persons
in the affected communities; and
WHEREAS, the City may face future emergencies and damages due to tropical storms,
hurricanes, or other weather related events, with debris from construction sites adding to the
damage.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. Chapter 7 of the Code of Ordinances of the City of South Miami, Florida,
is hereby amended, as follows:
Sec. 7 -13. Site debris.
(a) The permit holder of any active or inactive construction project shall clean up and
remove all construction materials debris including but not limited to: uninstalled and /or
unsecured planks, wood, cinderblocks, pvc pipe, paint cans, ag rbage cans, etc. prior to receiving
final inspection approval from the City. Construction job sites shall be kept clean by ensuring,
that all accumulated construction materials and /or debris on the property be removed within 14
days.
(b) All debris shall be contained in such a manner as to prevent it from being spread
throughout the property or onto adjacent property by any means.
(c) Any person who violates this section shall be guilty of a second - degree misdemeanor and
subject to a fine of $500.00 payable within 30 days of service of the citation; or imprisonment for
a term not to exceed 60 days.
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(d) Sec. 7 -14. Hurricane protection.
(a) It shall be unlawful for any person to allow construction related materials, included but
not limited to roof tiles lumber, scaffolding and debris to remain loose or otherwise unsecured
at a construction site during the 24 hour period after a hurricane watch or warning is issued. This
prohibition shall continue until the hurricane watch or warning is lifted. All such materials shall
be removed from the construction site or secured in such a manner as to minimize the danizer of
such materials causing projectile damage to persons or property due to the high wind events.
(b) Any person who violates this section shall be guilty of a second - degree misdemeanor and
subject to a fine of $500.00 payable within 30 days of service of the citation; or imprisonment for
a term not to exceed 60 days.
(c) If the construction site is not secured as described in Section 7- 14(a), the Cites
proceed to clear the construction site and remove all unsecured construction related materials and
debris. The property owner and /or contractor shall be billed by the City for the costs, plus a ten
percent (10 %) administrative fee. Failure to timely pay shall result in a lien on the property.
Section 2. 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 portions of this ordinance.
Section 3. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2005.
ATTEST:
CITY CLERK
1St Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM
Luis R. Figueredo
Office of City Attorney,
Nagin, Gallop, Figueredo, P.A.
F.... W_a
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Brits - Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
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