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HomeMy WebLinkAboutOrdinance 2005-239 ORDINANCE NO. 2005- ~ 39... 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 TO PERMIT CHAIN LINK FENCE WITH CANVAS FOR A TEMPORARY PERIOD FOR DEMOLITION PURPOSES; 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 amend the temporary construction fence ordinance to permit chain link fences for demolition purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clause are hereby ratified and confirmed as being true and correct are hereby made a specific part by this Ordinance upon thereof. Section 2. Amendment. Section 265-58(1) is hereby amended to read as follows: (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 constructed and anchored in accordance with the Florida Building Code. (2) Permitted Fences a. Except on the east side of Collins A venue, the following temporary construction fences are permitted in all the zoning districts; [1] wrought iron or blackened aluminum. [2] stucco and stone main structure. [3] masonry walls. [4] wood pickets. [5] concrete wall. [6] frame plywood panel. Modification Draft 02005- Temp Contruction Fence Amend Page I of3 [7J I Chain link fences with canvas (or similar material) is permitted if the property owner or agent has obtained a demolition permit from the Building Department. The chain link fence shall be permitted to be utilized as a demolition fence for a period of no longer than two (2) months or upon expiration of the demolition permit whichever occurs first. *** @ Enforcement penalties. The Code Enforcement and Building Department shall be responsible for the enforcement of the provisions of this ordinance. Any person or entity found to be in violation of this ordinance shall be subiect to a $500 fine per day. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 4. 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 5. 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 6. Effective Date. This Ordinance shall take effect ten (10) days after adoption at second reading. PASSED and ADOPTED on First Reading the ~ day of ~~W\hw 2005. PASSED and ADOPTED on Second Reading this \ \~ day of Oo!-o~ 2005. ATTEST: c--~ A ~. Jane A. Hines, City_Clerk I Words underlined are added Modification Draft 02005- Temp Contruction Fence Amend Page 2 of3 APPROVED AS TO FORM AND LE AL SUFFICIENCY VOTE: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~yes l0 yes l0 yes ~yes L0 yes Modification Draft 02005- Temp Contruction Fence Amend Moved by: Cohv't't"'~S\OIJ~ GoObW\AAJ Second by: Co~\C;c;:\otJ~ IG;, \...~ s,1l\-S L-) no L-) no L-) no L-) no L-) no Page 3 of3