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HomeMy WebLinkAboutOrdinance 2005-226 ORDINANCE NO. 2005 - 'A. '2.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA RELATING TO TEMPORARY TOILETS IN A CONSTRUCTION SITE; PROVIDING FOR SPECIFIC LOCATION RELATIVE TO ADJACENT HIGHWAYS OR STREETS; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach in accordance with Chapter 166 and 163 of the Florida Statues is authorized to adopt regulations designed to promote public health, safety and welfare as well as adopt regulations controlling the use of land; and WHEREAS, the City of Sunny Isles Beach deems it to be in the best interest of its citizens, residents and visitors to enhance the aesthetic appearance of the City by providing that temporary toilets be located appropriately; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Temporary Toilets Location. All temporary toilets shall be kept in a place easily accessible to authorized collection vehicles at all times, and follow the required setback as outlined below. All temporary toilets shall be located a minimum often feet (10) from adjoining residential or multiple family uses unless not physically possible, Not less than fifty feet (50') from any well, All temporary toilets have to be screened from public right-of-ways with a minimum six feet (6') high fence as approved by the Building Official! Administrator for the Building Department. The temporary toilets shall not be visible from the public's view or from adjoining right of way or properties. Section 2. Penalties. Failure to strictly comply with any provision ofthis Ordinance shall result in a fine of $ 250 per day. This civil penalty shall be issued after appropriate warning period and in accordance with Ordinance No.'s 98-21, 98-57 & 99-71. The Code Enforcement and Licensing Department shall be responsible for enforcing the ordinance. Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict 02005- Temporary Toilet Ordinance Page I of2 Section 4. Severability. If any clause, section or other part ofthis ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall become effective as provided by law. Enforcement will commence sixty (60) calendar days after adoption of this ordinance so that the City may have an opportunity to disseminate information to the general public regarding the requirements ofthis ordinance. PASSED AND ADOPTED on first reading this ~ day of (Y\o...ALk-- PASSED AND ADOPTED on second reading this I ~~ay of ~ ,2005. ,2005. . . {.~~ ~ . ~ . (,;" :-. ATTEST: .: '~'-'. : ,.; ~ '~ " ",~,lX.~ ,- ',Jane,Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4~~ L M. Dannheisser City Attorney VOTE AS FOLLOWS: S-b Moved by: ~~ ~cs.'Q..S Seconded by: C~ GOO"bW\~ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~yes 10 yes ~~Yes yes L!O yes L)no L)no L)no L)no L)no 02005- Temporary Toilet Ordinance Page 2 of2