Loading...
07-26-05 Item 15ti§ . TO: Mayor, Vice Mayor & City Commission 0 FROM: Maria V. Davis City Manager ORDINANCE DATE: July 4� 2005 GENDA ITEM NL . RE: Comm. Mtg. July 19, 2005 Construction debris and Hurricane Protection 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 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA 4 AMENDING THE CODE OF ORDINANCES, CHAPTER 7 ENTITLED 5 "BUILDINGS "; BY ADDING SECTIONS 7 -13, ENTITLED "SITE DEBRIS" 6 AND 7 -14, ENTITLED "HURRICANE PROTECTION "; RELATING TO 7 ENSURING THAT ALL CONSTRUCTION SITES ARE SECURED IN THE 8 EVENT OF A HURRICANE OR WARNING OR WATCH; PROVIDING FOR 9 SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, Hurricane Charley came ashore in the southwestern portion of Florida as a 12 Category 4 hurricane and devastated communities in the southwestern and central portions of the 13 State; and 14 15 WHEREAS, Hurricane Frances came ashore on the east coast of Florida as a strong 16 Category 2 hurricane and devastated communities on the east coast and central portions of the 17 State; and 18 19 WHEREAS, Hurricane Ivan came ashore on the west coast of Florida in the Pan Handle 20 area as a category 5 hurricane and devastated a number of communities in the State, with 21 extreme weather conditions, and posed an immediate danger to the lives and property of persons 22 in the affected communities; and 23 24 WHEREAS, the City may face future emergencies and damages due to tropical storms, 25 hurricanes, or other weather related events, with debris from construction sites adding to the 26 damage. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 30 31 Section L Chapter 7 of the Code of Ordinances of the City of South Miami, Florida, 32 is hereby amended, as follows: 33 34 Sec. 7 -13. Site debris. 35 36 (a) The permit holder of any active or inactive construction project shall clean up and 37 remove all construction materials debris including_ but not limited to: uninstalled and /or 38 unsecured planks wood, cinderblocks, pvc pipe, paint cans, garbage cans, etc. prior to receiving 39 final inspection approval from the City. Construction job sites shall be kept clean by ensuring 40 that all accumulated construction materials and /or debris on the property be removed within 14 41 days. 42 43 (b) All debris shall be contained in such a manner as to prevent it from being spread 44 throughout the property or onto adjacent property by any means. 45 46 (c) Any person who violates this section shall be guilty of a second - degree misdemeanor and 47 subject to a fine of $500.00 payable within 30 days of service of the citation; or imprisonment for 48 a term not to exceed 60 days. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (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 danger 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 City will 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 pgy 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. APPROVED: COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Brits - Cooper: Commissioner Sherar: Commissioner Wiscombe: \ \02srvplaw \prolaw \Documents \0022 \MJP \32292.doc 12 _.. _ _. N FRO H, THE FWFIGHTERS 04 1 } � F� Get e ucate bo area, sna- 01 _ Lt: Shanti Flail is a, veteran ily are all identifiable by their safe side. x"£a firefighter who now works in diamond- shaped heads, which The signs ar a is �� the Miami -Dade Fire Rescue have a pit between the eyes. associated with W § (z ,;', -Department's Public Affairs They all have vertically ellipti- bite can be del, = l o ` Office. She also writes this col -. cal (or cat -like) pupils and two hours, so if ou'1 umn for Neighbors. To reach p ronunent fangs. Rattlesnakes b anything tha her, e -mail ftrefighte @her- are 'further . identifiable by Coral Snake, n = ` ' ald.com. their rattlers, but you should closely for the de ® Protects UP to 160 mph Hurricane winds know that they don't always central nervous a Up to 60 %. Bess compared to shutters Arite =$belt I saw a snake in my yard. rattle prior to striking: bances and yes v o 24 hr, shtutteriess protection m Allows eight to come Are snakes in Miami danger- Signs and symptomsof apit tress. If in doubt. r in to your home o Saves energy One time ous? viper bite may include: two Initial treaty. iilstaB9at1 ®r1 ©L'itet6avle warranty BETH distinctive punctures, pain and venomous snaky COCONUT GRO9 E swelling at the,site, weakness, the same: 10% OFF nausea, vomiting, numbness m Remove y Exp: 9131/05 I noticed my neighbor and tingling around the face or the snake's area. doing some head, and ametallic or unusual o Do not atte yard work the taste in the mouth. the snake; just ti other day, The � fourth dangerous ber ageneral des and I casually snake native to South Florida © Call 911 imr. - said, "Careful, is the Coral Snake, and it's a remove any jew( �ff Miami is full tricky,one. It doesn't have any ing that would ct 4 of snakes in of the distinctive features of if swelling occur., the summer." the Pit Vipers, and with it's ® Maintain th COURTESY NOTICE � She replied, red, yellow and black rings, it below the level o Thanks 'actually looks a lot like several ® Remain call CITY OF SOUTH MIAMI, FLORIDA wAU honey, but other harmless snakes found slow the circul; On Tuesday, July 26 2005, beginning at 7:30 p.m., in the City Commission Chambers, 6130 the dating in the state. The only differ venom through tl Sunset Drive, the City Commission will hold Public Hearings to consider the following items: game isn't ence is the order of the col- body. AN ORDINANCE RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE any easier in the winter, . crengs. d rings, ®DO NOT al OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AD either." There is a saying involving quet, ice or cold VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC Miami -Dade County is a "friend of jack" and "killing a suck the venom PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING REQUIREMENTS AND home to a surprising number fellow "what is supposed to wound, or mala PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS, of real snakes, too. There are help you remember which one around the site, . AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE IN ORDER 70 many varieties native to the is dangerous, but even in the Besides the na ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY area, although most are harm- most ideal situations, I have a ous "snakes in ou: CREATING SECTION 20-4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO less and rarely seen since they hard time remembering, it cor- are the occasir DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD MODIFY THE are both fast and shy. APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON - CONFORMING y rectly. snakes that have SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF: NOW There are only four types of I can just imagine the trou- been set free. If CONFORMING,USES; VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES dangerous snakes found natu - ble I would have trying to get snake and you do AN ORDINANCE RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI'- rally in South Florida. The first it right while locked in a fierce it is venomous, thr DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN three are. Pit Vipers: staring match with any snake to do is leave it al I MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL ® The Eastern Diamond - wearing red, yellow and black. Many snakebite POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO. FLS000003. - back Rattlesnake, which can A better way to remember bitten on the han€ AN ORDINANCE RELATING TOTHE LAND DEVELOPMENT CODE; MODIFYING AND reach more than six feet. is to think of a stoplight. it which usually 1 REQUIRED THEREBY A PERIOD OF NIO E R THE REDUTION OF MONTHS,cTHEREBY ®'The i'ygmyRattlesnake, goes yellowthen red,; and were handling tl ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK which is 1 to 2 feet long knd then you STOP. If the snake's trying to catch it. FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING. TO THE very aggressive. rings have yellow that touches catch or handle a j REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY ®The Cottonmouth or red, you STOP. Of course, m AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN my. you are trained t kyNADDING NFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD: Water Moccasin, which is usu favorite reminder is to stay you are sure it is ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS; ally found near water. away no matter what order file ous. For more on SECTIONS 7 -13, SITE DEBRIS AND 7 -14, HURRICANE PROTECTION. Snakes in the Pit Viper fam- rings are in, just to be on the www.miamidade.€ fi AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3:3(D)' AND SECTION 20- 3.4(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE IN THE MO, GR, TODD(MU -4), TODD(MU -5), AND TODD (LI -4) ZONING DISTRICTS. A RESOLUTION RELATING TO A REQUEST FOR VARIANCE FROM SECTION 20- I 3.5(0) OF THE LAND DEVELOPMENT CODE TO ALLOW, THE LOT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED; 'A VARIANCE TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND'TO BACK OUT INTO A (ash PUBLIC RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL f REQUIREMENT GRAPHIC TO PERMIT 2 FEET 6INCHES OF ABUTTING LANDSCAPE I I sts WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 '< AVENUE, SOUTH MIAMI; FLORIDA THE PURPOSE OF THE VARIANCE IS TO PERMIT j THE CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING: 1' Inquiries concerning this item should be directed to the Planning Department at 305 - 663 -6326. YOU(Sunday Herald has tiUndiBdS Of dollars ALL interested parties are invited to attend and will be heard.- of free Ct7ll(JOnS:2VB[y_WE @it. save J110n8y 0 Marla d. i����m�s t.� groceries and cosmetics. Get discounts at City Clark restaurants. Receive special offers. Pursuant to Florida Statutes 286.0105, the City hereby ad'visesthe public that if a person decides to appeal any decision made by this Beard, Agency or Commission with respect to any matter � �R ���� ° considered at Its meeting, or hearing, he or she will need a record of the proceedings, and that for P �® , c q � ° such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record Includes the testimony and evidence upon which the appeal Is to be based p '�'° ��an 8ly��if{L7t=.o°'d. 9!yBSy9 tF$[ p Cn < c o aymowdwo�f� E z0 a()w Stnp C -< o co p y a> - m 'r� > \ 3 o w a m• rn aw N Q x 00 m wt<`r°£Ta � �O m' C o. s sm°'w vO 41 cn �.X. mO wo Sw Vim= mom. o.� m ww`e P+ >' C-CI. Dw a -70J�c a »,<3 D9 m� n� ^V.77w Fw pD m® y 3,o my w vc x'95: y D 3 d y w ° »°>m ' m 3.o3c`Di3 mw gw =w9.wma 'a S , j '.VF °a op�ao 3xar >.. � w0 o o a. n+� aa� v_.a ag mo sc on-°w mo ��aW co S`z aw mo w 3"R 3. ao °o w.OwmSw =w �?��Nma rn. 0