HomeMy WebLinkAboutOrdinance 2000-99
ORDINANCE NO. 2000 - !1q
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, RELATING TO THE SECURING OF CONSTRUCTION SITES,
SETTING FORTH DEFINITIONS, SETTING FORTH PROHIBITIONS, INCLUDING
PROHIBITION FROM ENGAGING IN ANY ACTIVITY POSING A DANGER TO
PERSONS LOCATED OFF THE CONSTRUCTION SITE; PROHIBITING
UNAUTHORIZED ACCESS BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M.;
REQUIRING THE OWNER-OCCUPANT OR USER OF A CONSTRUCTION SITE TO
KEEP ALL ACCESS ROADS TO THE CONSTRUCTION SITE CLEAR OF DEBRIS;
REQUIRING COMPLIANCE WITH SECTION 105.3 OF THE SOUTH FLORIDA
BUILDING CODE DURING A HURRICANE WATCH, BY TAKING ALL STEPS
NECESSARY TO SECURE THE CONSTRUCTION SITE; PROVIDNG FOR A FINE IN
THE AMOUNT OF $250 EACH DAY FOR FAILURE TO COMPLY; REQUIRING THE
PARKING OF CONSTRUCTION WORKER VEHICLES TO BE EITHER ON SITE, IN
A PUBLIC PARKING LOT OR ALONG A PUBLIC STREET WHERE PARKING IS
PERMITTED, WITH PARKING AT ANY OTHER SITE STRICTLY PROHIBITED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING
FOR INCLUSION INTO THE CODE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City in accordance with Chapters 166 and 163 of the Florida Statutes is
authorized to adopt regulations designed to promote public health, safety and welfare as well
adopt regulations controlling the use of land; and
WHEREAS, the City Commission wishes to minimize public and private losses arising
as a result of unauthorized access to construction sites, failure to properly secure materials at
construction sites, particularly during emergency weather conditions to protect human life and
health to minimize the need for rescue and relief efforts associated with insecure construction
sites and to minimize obstruction and damage to public and private facilities and property;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Definitions. The following words or phrases when used in this section shall have
the meanings ascribed to them herein:
1. Construction Site or Site includes all sites where new construction,
remodeling, or additions take place, other than just interior work which is not
visible to the exterior of the premises.
2 a. Secure, in reference to items, includes fastening down or removing
all hazardous objects such as construction shacks, temporary toilets, roofing tile,
building materials, trash, forms, insecure structures, temporary electric service
poles, and protection of exposed glass areas with storm shutters.
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b. The term secure, as applied to site access, includes protecting the
construction site, during the hours described in Section 2(2) hereinbelow, by way
of a locked fence surrounding the perimeter of the site and/or the provision of a
security guard.
Section 2.
Prohibitions.
(1) The owner, occupant or user of a construction site shall not engage in any activity
which poses a danger to persons located on or off the construction site, from debris, materials or
activities carried on at the construction site, and shall take necessary precautions to secure same.
A contractor engaging in work at a site or pulling a building permit for a site constitutes a "user"
of a site.
(2) The owner, occupant or user of construction site shall secure the site from
unauthorized access between the hours of 7:00p.m. of each day to 7:00a.m. of the next day by
the use of a locked fence and/or security guard, unless an extension of hours is obtained in
accordance with Ordinance 2000-~.
(3) The owner, occupant or use of construction site shall keep all access roads to the
construction site clear of debris for safe travel by authorized persons.
(4) In the event that hurricane watch is issued by the United States Weather Bureau,
the owner, occupant or user of a construction site shall comply with the requirements of section
105.3 of the South Florida Building Code, by taking all steps necessary to secure the
construction site, including removal or securing of hazardous or loose objects.
(5) Any person receiving notice from the City's Building Official for failure to
comply with this section or any section of the South Florida Building Code, shall not fail or
neglect to promptly comply unless otherwise provided by the County Florida Building Code.
(6) Parking of any construction vehicle or construction employee vehicles shall either
be on the site as defined herein, or at a public parking lot or along a public street where parking
is permitted. Parking at any other site, unless permitted by the City in writing, is strictly
prohibited and shall result in a fine of $250 per day.
Section 3. Fines. Failure to strictly comply with any provision of this Ordinance shall result
in a fine of $250 per day.
Section 4. Severability. The provisions of this Ordinance are declared to be sever~ble and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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Section 5. Repealer. Any and all ordinances, resolutions and parts of ordinances or
resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or
in conflict herewith.
Section 6. Inclusion In The Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 7.
reading.
Effective Date. This Ordinance shall be effective upon adoption on second
PASSED AND ADOPTED on first reading the 15thday of June, 2000.
PASSED AND ADOPTED on second reading this ~ day 0
,2000.
ATTEST:
.~~~L&-
Richard Brown:,Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Motion on second reading by: V lL~ M A'-(o"R.. vY\.t)'R e()U)
Second on second reading by: c..OlV\m\Ss.\o~ TG::oL-'e.-sll4S
Vote: L\--o- \
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes) V
(yes) V
(yes)_
(yes) .J.C::.
(yes) V
(no )_
(no)_
(no)-Abs~'\- ~
(no )_
(no )_
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