HomeMy WebLinkAboutOrdinance 2006-255
ORDINANCE NO. 2006-~5
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
ORDINANCE NO. 2006-249 AND REPEALING SECTION 193
OF THE CODE OF THE CITY OF SUNNY ISLES BEACH
RELATING TO CONSTRUCTION NOISE;PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR LIMITATIONS ON CONSTRUCTION
ACTIVITIES; PROVIDING FOR WAIVERS; PROVIDING
FOR PENAL TIES AND ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has experienced a development boom since its incorporation in 1997;
and
WHEREAS, the on-going development projects have generated numerous construction related
activities which affect the daily lives of residents of the City; and
WHEREAS, excessive construction noise is a serious hazard to the public health and welfare
and the quality of life of the residents in the City; and
WHEREAS, a substantial body of science and technology exists by which excessive noise can
be substantially abated without serious inconvenience to the public; and
WHEREAS, each resident of the City has the right to an environment which is free from noise
which jeopardize the health, welfare, or which unduly interferes with a property owner's right of the
use or enjoyment of their property; and
WHEREAS, the City Commission finds that the offenders of the construction noise ordinance
are frequently developers who consider it as a cost of doing business to pay the fine rather than
interfere with their business operation; and
WHEREAS, the City Commission finds there is an urgent need to ll1crease the range of
monetary penalties to deter violations of the construction noise ordinance; and
WHEREAS, the City Commission has determined that it is in the best interest of the residents
of the City to promote an environment free from excessive noise, otherwise properly called "noise
pollution" which unnecessarily jeopardizes the health and welfare and degrades the quality of the lives
of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Repeal. Ordinance No. 2006-249 and Chapter 193 of the City Code are hereby repealed
in its entirety.
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Section 2. Code Amended. Ordinance 2006-249 and Chapter 193 of the City Code are hereby
amended to read as follows:
A. Purpose and intent. The purpose of this chapter is to limit excessive construction
noise that interferes with the comfortable enjoyment of life property, recreation or
conduct of business in the City.
B. Definitions. The following words, terms and phrases when used in this
Chapter shall have the meaning ascribed to them in this Section, except where
the context clearly indicates a different meaning:
(1) City Manager shall mean the City Manager of the City of Sunny Isles
Beach or designee.
(2) Construction shall mean any site preparation, assemble, erection,
substantial repair, alteration, demolition, or similar action, or public or
private rights-of-way, structures, utilities or property.
(3) Construction Tools and Equipment shall include but not be limited
to: material handling, earth moving and digging equipment, power
tools, generators, air compressors, hand tools, and radios and other
sound equipment used by workers on a building site. This definition
does not include interior work within a structure which does not
generate excessive noise.
(4) Daylight Saving Time shall mean the time established by the Federal
Government to make better use of the daylight.
(5) Standard Time shall mean the time established by the Federal
Government for the calendar months that are outside of Daylight
Saving Time.
(6) Department shall mean the Code Enforcement and licensing
Department.
(7) Emergencies shall mean any occurrence or set of circumstances
involving actual or imminent physical trauma property damage
demanding immediate attention.
(8) Special Master shall mean a person appointed by the City
Commission to adjudicate code violations.
(9) Violator shall mean a person or entity responsible for violation of the
Code.
C. Limitations on Construction Noise except as provided herein, no person or
entity shall operate construction tools and equipment except between the
following hours:
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(1) Standard time: 7:00 a.m. to 6:30 p.m. Monday through Thursday,
7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on
Saturday.
(2) Davli!:!:ht Savin!:!: Time: 7:00 a.m. to 7:00 p.m. Monday through
Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m.
on Saturday.
(3) Prohibits Acts: No construction activities shall take place on Sunday
and on the following holidays: New Years Day, Fourth of July, Labor
day, Yom Kippur, Thanksgiving Day, and Christmas Day.
D. Routine Landscapin!:!: and other yard maintenance Activities. The
limitations stated in subsection shall not apply to any routine landscaping and
other yard maintenance activities. However, the operation or landscaping
equipment, including but not limited to lawn mowers, lawn edger, weed
trimmers and blowers, is permitted during the following hours, 7:30 a.m. to
8:00 p.m. Monday through Sunday.
E. Emer!:!:encies. The limitations stated in subsection C of this Chapter shall not
apply in any situation which requires heavy equipment or other tools in
emergencies to assist or avoid a problem related to health or to safety of
persons or propeliy, or to sewer, water, power, utility, or telephone
interruptions.
F. Waiver. The limitations in subsection C of this chapter may be waived by the
City Manager in the case of exceptional circumstances; provided, however,
that no such waiver shall be granted unless the City Manager finds that:
(1) The patty seeking the waiver will suffer a unique hardship and/or
practical difficulty unless the waiver is granted;
(2) The granting of a waiver will not cause a substantial or undue adverse
impact upon adjacent property or upon the public health, safety and
welfare;
(3) That the activity, operation, or noise will be temporary in duration;
(4) That no reasonable alternative is available to the patiy.
The City Manager may attach to such waiver all conditions he/she deems necessary to
protect the public health, safety or welfare.
G. Permits for Waiver.
(1) Applications for a permit for a waiver from the noise restnctlOns
designated in this Chapter on the basis of undue hardship and/or
practical difficulty must be submitted to the City Manager at least ten
(10) days before the occurrence of the activity relating to the waiver.
The application for waiver must contain the basis for the waiver. The
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party requesting such waiver shall submit to the City Manager or
designee~ any required approvals from the agencies (FDOT, Police
Department, etc.) if applicable. In addition, the property owner or its
designee shall notify the abutting property owners within 150 feet of
the propeliy in writing of the extension of the construction time
request and shall provide proof of such notification to the City by
either presenting a sign acknowledgment or a return receipt of the
certified mail.
(2) If granted, the permit shall be in writing and contain all conditions
upon which such permits is granted, including, but not limited to, the
duration or equipment limitations.
H. Penalties. Failure to strictly comply with any provisions shall result in the
following penalties:
(1) First offense: a minimum of $1 0,000.00.
(2) Second offense: a minimum of fine of $20,000.00
(3) Third offense: a stop work order shall be issued by the City Manager
or designee until the violations are corrected and all fines are paid.
Notwithstanding any provision in this section, the stop work order
shall be in place for a minimum of eight (8) hours.
I. Manner of Enforcement.
(1) Violations of this Ordinance shall be prosecuted in the same manner
as other violations of the City Code provided, however, that in the
event of an initial violation of the provision of this Ordinance, a
written warning shall be given to the alleged violator to discontinue or
to abate such noise condition prior to their being subject to further
enforcement action. Only one warning shall be issued per occurrence.
A violation of this Ordinance may subject the violator to arrest, and/or
enforcement as provided under the City Code. The Code Enforcement
Department and the Police Department shall be responsible for
enforcing this Chapter.
(2) In determining the amount of the fine, if any, the Special Master shall
consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the violation;
(c) Any previous violations committed by the violator.
Notwithstanding any provisions in this Chapter, the Special
Master may reduce the fine imposed pursuant to this Chapter
if the violator is not a repeated offender.
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Section 3. Severability. The provisions of this Ordinance are declared to be 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 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 pari.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained,
that the provisions of this ordinance shall become and be made a pati of the code of the City of Sunny
Isles Beach, Florida; and that the sections of this ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other
appropriate word, as required.
Section 5. Effective Date. This Ordinance shall become effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the \ i.t~day of MQ.rc,l-i
PASSED and ADOPTED on second reading the -Lt day of Af"R...' L
, iltJ,(t/)
man S. Edelcup,
2006.
2006.
d:AL
Jane A. Hines, CMC, City Clerk
Moved by:
Co "'" YV-.. \ S S , b J\J~ lH M-~
Seconded by: C o W\YY'\ \ SSl brV~ IGLtc;, ~
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Thaler
Commissioner Goodman
Commissioner Iglesias
v (Yes)
V (Yes)
~(Yes)
~(.. Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
02006- Construction Noise Pollution Revised
Page 5 of5
OF SUl'l
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305)947-5107 Fax
~O(g, -..Q S S'"
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Chief Fred Maas, Interim City Manager
Hans Ottinot, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney ri1e) \ I I
Jorge Vera, Assistant City M:X:ger ~.
DATE: March 16, 2006
RE: Revised Construction Noise Ordinance
RECOMMENDA TION
This Ordinance is presented for your consideration and approval.
REASONS
Pursuant to the instructions provided by the City Commission, staff has revised the Construction
Noise Ordinance to address the issues raised at the previous commission meeting. More
importantly, the time period for construction activities has been extended during Standard Time
and Daylight Saving Time. During Standard Time, construction activities are permitted between
the hours of 7:00 a.m. to 6:30 p.m. on Monday through Thursday, 7:00 a.m. to 5:00 p.m. on
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Similarly, during Daylight Saving Time,
construction activities are permitted between the hours of 7:00 a.m. to 7:00 p.m. Monday through
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. No construction activity is permitted on Sunday
and certain federal holidays as set forth in the attached ordinance.
Additionally, the waiver provision has been beefed up to provide standards for the granting of
waivers. The range of monetary penalties remains the same.
Thank you for your consideration of this matter.
Agenda Item
qA
~-O(o
City Commission
Revision to Noise Ordinance agenda Memo
Date
OF SUt-l
TO:
FROM:
DATE:
RE:
/\..J..', I r"\ TI' "1- -
-.::-
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice lv/ayor
Lewis J. Thaler, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
.Jane A. Hines, City Clerk
MEMORANDUM
Jorge L. Vera, Assistant City Manager
Chief Fred Maas, Police
Clay Parker, Building Official/Administrator
Robert Solera, Assist. Administrator, Code Enforcement & Licensing/Building Dept.
Elena Del Campillo, Planning and ouing Technician
April 6, 2006
A. John Szerlag, City Mana r
Methodology Employed To Grant Waivers From The Construction Noise Ordinance
As you know, the proposed construction noise ordinance allows the Manager to grant waivers
from the limitations contained therein. And in order to achieve continuity and clarity on what
will be waived and how we'll enforce these waivers, please refer to the following:
1. Waivers will not be granted for construction activities outside the building footprint.
This means that outside construction activity will not be eligible for a waiver. C)
II. Construction work performed within the building footprint which does not cause
excessive noise may be waived upon approval from City Management. While not all-
inclusive, the following slate of indoor activities can be considered for waiver;
building clean-up, material stocking, mechanical/electrical/plumbing work, drywall
finish including painting, flooring, other finish work.
In terms of defining what constitutes "excessive noise" from the above referenced building
interior work, we will use a standard of 65 decibels from the nearest property line. Of course, any
activity granted a waiver that exceeds this noise level will be subject to our schedule of fines and
the waiver will be automatically revoked.
Please feel free to contact me if you should have any questions.
C) Of course, concrete foundation pours, which occur once per building project, will be eligible
for a waiver.
AJS/iw
Grant Waiver Construction Noisc Ord. MemoDoc
A. John Szerlag
April 6, 2006
Page 2
cc: Honorable City Commission
Hans Ottinot, City Attorney
Joe Milton
Gregory Warren
Brad Cochran
Fernando Vilela
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: Police Chief Fred Maas
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator, Code Enforcement & Licensing/Bldg Dept.
Elena Del Campillo, Planning and Zoning Technician
FROM: Jane A. Hines, CMC, City Clerk
DATE: April 13, 2006
RE: Ordinances Adopted on April 11, 2006
At its regular meeting of April 11, 2006, the City Commission adopted the following
Ordinances:
· Ordinance No. 2006-255, relating to Construction Noise;
· Ordinance No. 2006-256, requiring a Permit for Public Assembly; and
· Ordinance No. 2006-257, increasing the price of a Bonus Participation Unit.
Attached for your action and files is a copy of each of the Ordinances.
Thank you.
:jah
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
041106 Ord Trans Memo