HomeMy WebLinkAboutOrdinance 2004-205
ORDINANCE NO. 2004- ~5
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-58 (I) OF
THE LAND DEVELOPMENT REGULATIONS
RELATING TO TEMPORARY CONSTRUCTION
FENCING; ESTABLISHING GENERAL ST ANDARDS
FOR THE INSTALLATION OF TEMPORARY
CONSTRUCTION FENCES; PROHIBITING CERTAIN
FENCES; PROVIDING FOR A REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City wishes to protect the health, safety and welfare of its
residents by regulating temporary construction fences; and
WHEREAS, the City Commission wishes to establish uniformed criteria for the
installation of temporary construction fences.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
General Requirements.
Temporary construction fencing. Subject to approval by the City Maflager, graphics and
painted ffil:lfals may be applied to temporary construction fencing erected at the perimeter
of a construction site for the pW"poses of pro';iding an aesthetic eooancement of the
screening f-ence. The graphics shall be of a noncommercial name v;ith limit-ed
sponsorship identification. ,^.. special permit shall be obtained from the City MaHager as a
temporary sign permit.
1. Temporary construction fencing.
No person or entity shall install or construct a temporary construction fence in this
City without first obtaining a permit from the City's building department. Each
fence constructed or maintained shall be so constructed and anchored in
accordance with the Florida Building Code.
2. Permitted Fences.
Except on the east side of Collins Avenue. the following temporary construction
fences are permitted in all the zoning districts:
(a) wrought iron or blackened aluminum.
(b) stucco and stone match main structure.
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(c) masonry walls.
(d) wood pickets.
(e) concrete wall
(f) frame plywood panel
The temporary construction fence shall be installed on the front. side. and rear
property lines.
On the eastside of Collins Avenue. no other material shall be used to construct a
temporary construction fence on the front property line. except for the following:
(a) masonry walls.
(b) concrete walls.
(c) frame plywood panel.
(d) stucco and stone match main structure.
3. Prohibited Fences.
The following fences are not permitted;
(a) chain link fences.
(b) barbed wire fences.
(c) fences made of canvas material.
(d) any fences that fail to meet the requirement of the Florida
Building Code.
4. Maximum and Minimum Height.
A fence is permitted a maximum height of twelve (12) feet and a minimum height
of six (6) feet.
5. Setbacks.
A temporary fence installed on the front of the property shall be situated six (6)
feet from the property line. The setback area between the temporary fence and the
property line shall contain a continuous extensively landscaped buffer which must
be maintained in good healthy condition by the property owner. No temporary
construction permit shall be issued unless a landscape plan is approved by the
City for the buffer. Failure to maintain the landscaping will result in the City
taking action to replace same and lien the {)roperty for the costs of landscaping.
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6. Expiration of Permit.
A temporary construction fence permit issued under this ordinance shall expire
upon the issuance of certificate of occupancy. The temporary fence shall remain
on the property until the completion of construction.
7. Murals and Graphics.
Graphics and murals on temporary construction fencing are prohibited unless
approved by the City Commission at site plan review pursuant to Section 265-18
of the LDR. The City Commission. in their discretion. may permit gral'hics and
painted murals on temporary construction fences for aesthetic enhancement of the
fence. and advertisement of the proiect to be constructed at site plan review. A
minor change as defined by the Land Development Regulations (LDRs) approved
administratively by the City Manager without notice to the Commission.
8. Fees.
The City Manager or designee may impose fees as they may determine
appropriate for the use of construction fences for advertisement purposes in
accordance with Ordinance No. 2002-153.
9. Access Gates.
All temporary construction fences shall contain access gates with a minimum
clear opening width of 12' -0". Access gates must be provided at the front and rear
of the enclosure. Gates must be kept unlocked during inspection hours.
1 o. Temporary Construction Signs.
Construction. erection. and maintenance of temporary construction signs shall be
governed by Section 265-57 ( c) of the Land Development Regulations.
11. Appeal.
Any decision made by the City Manager or designee regarding graphics.
advertisement. and murals on temporary construction fence may be appealed to
the City Commission.
Section 2. Repealer. All ordinances, or parts of ordinances in conflict herewith be,
and the same, are hereby repealed
Section 3. 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
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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 4. Severability. If any section, subsection, clause or provIsIon of this
Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder shall not be affected by such invalidity.
Section 5. Effective Date. This Ordinance shall take effect ten (10) days after
adoption at second reading.
PASSED and ADOPTED on First Reading the J~day of Pr~
2004.
PASSED and ADOPTED on Second Reading this ~+J...day of~,
2004.
.. ATTE~T;
/ \.'+
.~,~:L
, Jane A. Hines, City Clerk
APPROV~D 'AS TO FORM
AND LEGAL SUFFICIENCY
~&J-
yn . Dannheisser, City Attorney
Moved by: C~~~L~gIM
Second by: Co ~4J r:.. ,..,TH-A-L ~
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
VOTE AS FOLLOWS: S-D
~yes
~yes
CJLj yes
ffi~~:
LJno
LJno
LJno
LJno
LJno
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ORDINANCE NO. 2004- ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RENDERING IT UNLAWFUL FOR
ANY ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE OF THE
CITY TO CANCEL, VOID, REDUCE OR INTERFERE WITH A CIVIL
VIOLATION NOTICE, CITATION, TICKET OR FINE ISSUED BY THE
CITY'S CODE ENFORCEMENT DEPARTMENT EXCEPT BY A CODE
ENFORCEMENT OFFICER WHEN THE ISSUANCE OF SUCH
VIOLATION WAS IN ERROR; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN INCLUSION
INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor of the City of Sunny Isles Beach has made a commitment to
ethics on the part of the City; and
WHEREAS, the elected officials have received numerous requests for the voiding of
civil violation notices, citations, tickets and/or fines and has regularly declined to do same; and
WHEREAS, the Mayor would like to have an Ordinance for the record prohibiting such
activity, except by a Code Enforcement officer, under certain circumstances and providing for
procedures for those circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Voiding of Civil Violation Notice. Citation. Ticket or Fine as Unlawful. It shall
be unlawful for any elected or appointed official or employee of the City, to cancel, null or void
any civil violation notice, citation, ticket or fine which may be issued by the City's Code
Enforcement department, provided, however, that when it shall appear to the officer issuing such
summons, citation or ticket, that an issuance was made through error or misunderstanding of the
facts or law, such Code Enforcement officers shall be entitled to void this summons, citation or
ticket utilizing procedures set forth in this Ordinance.
Section 2. Procedures for Voiding by a Code Enforcement Officer. In the event an officer
has determined a violation notice, citation, ticket or fine has been made through error or
misunderstanding of facts or law, such Code Enforcement officer shall void same by marking the
notice, citation or ticket void, and affixing hislher signature thereto, and also attaching a written
statement explaining the reasons and facts for hislher action in voiding the violation notice,
citation, ticket or fine.
Section 3. Repeal of Conflicting Ordinances. All prior ordinances or parts thereof in conflict
herewith, are hereby repealed to the extent of such conflict.
Section 4. Severability. The provisions of this Ordinance are declared severable 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 effect the validity of the remaInIng sections,
sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, that the provisions of this Ordinance shall become and be made a part of the
City of Sunny Isles Beach Code of Ordinances.
Section 6.
reading.
Effective Date. This Ordinance shall be effective ten (10) days after second
PASSED AND ADOPTED on first reading this 15th day of April, 2004.
PASSED AND ADOPTED on second reading this ~ ~y of YY\~_, 2004.
;;TEST . ,,~~
Jan~es, CiiYClerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Second by:
c~ IGL~~I~
~~ BR~2-'1\J
Moved by:
VOTE: 5-D
Mayor Ede1cup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
( .v) yes
(5 yes
~yes
(17) yes
l!3 yes
l-> no
l-> no
l-> no
l-> no
l-> no
OrdinanceNoiding Code Enforcement Violations Unlawful 2
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