Loading...
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. Temporary Construction Fencing Legislation/Ordinances HO/jb 1 (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. Temporary Construction Fencing Legislation/Ordinances HO/jb 2 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 Temporary Construction Fencing Legislation/Ordinances HO/jb 3 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 Temporary Construction Fencing Legislation/Ordinances HO/jb 4 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 41712004 -- 2:18 PM ch