HomeMy WebLinkAboutOrdinance 2008-303
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ORDINANCE NO. 2008-..3..Q3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTIONS 135-1, 135-2 AND 135-3 OF THE CONSTRUCTION
SITES CODE; ESTABLISHING GUIDELINES FOR AREA
ADJACENT TO CONSTRUCTION ENTRANCES AS
APPROVED BY THE CITY; ESTABLISHING DAILY JOB
SITE MAINTENANCE; PROVIDING FOR INCREASE IN
PENAL TIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has a desire to protect the public streets and sidewalk
from dirt and disrepair, providing a safe environment for the citizens and visitors of the City; and
WHEREAS, the City Commission wishes to amend the construction sites code address
certain issues relating to entrances to construction sites and maintenance of construction areas
adjacent to public streets.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof.
Section 2.
follows:
Amendment. Section 135-2 of the Construction Site Code is amended to read as
~ 135-1. Definitions
C RIDEABILITY STANDARDS - Set of standards developed by the Public Works Director that
must be followed and conform too for any and all work performed in non FDOT (Florida
Department of Transportation) right-of-ways in the City of Sunny Isles Beach, unless prior
written approval by the City of Sunny Isles Beach to deviate from is obtained.
D SIDEWALKS - The term "sidewalk" means any portion of a street between the curbline and
the adiacent property line, intended for the use of pedestrians, excluding parkways
Words added underlined, words stflffieH deleted (ed)
Page I of4
~ 135-2. Responsibilities of owners, occupants and users of construction sites.
(C) The owner, occupant or use of construction site shall keep all access roads to the construction
site clear of debris for safe travel by authorized persons complete iob site maintenance, on a daily
basis, prior to the conclusion of each day's work. Daily iob site maintenance shall include the
following:
a) Sweeping of public roadways which are directly affected by construction site dust, debris
or activities:
b) Pick up and disposal of litter at or generated by the construction site:
c) Washing down of any street signs, street escape equipment, which are impacted by dust or
debris from the construction site activity:
d) Stacking of materials and equipment which are visible from a public right-of-way in an
orderly appearance:
e) Stacking of construction materials in a manner which assures that the materials and
material packaging shall not fall or be transported into any canals, lakes, drainage
facilities or other water bodies in the vicinity of the site:
f) Watering of exposed loose earth at the site so as to minimize off-site transport or
particulate matter:
(G) All construction sites shall have a protected entrance / exit from the site such that no mud,
debris, concrete waste, or any other material is carried off of the site onto sidewalks or streets by
trucks, equipments, or any other method. A control method is to be established to include the
following: a pre-built wash station or a wash pit with large "clean" stone. In addition all
construction site entrances must have an area at the entrance / exit not less than 10' -0" wide,
20'0" long / deep as measured from the edge of sidewalk or property line toward the interior of
the lot, and 6" deep surfaced with "clean 1 Y2' to 2" hard surface (as approved by the City
Manager or designee) stone at all times. The City Manager or designee will inspect this area and
the control method for approval.
(H)Rideability Standards for all road work in Sunny Isles Beach. All construction that takes
place in any non- FDOT (Florida Department of Transportation) rights-of-way in the City of
Sunny Isles Beach must conform to these requirements, unless prior written approval by the City
Manager or his/her designee has been obtained:
1) Where any pavement is damaged, removed, or displaced, the responsible party will, as
absolutely quickly as weather permits, prepare the sub grade, base, and asphalt (or
concrete) pavement (and/or curb & gutter) to acceptable City standards. This work shall
meet reasonable standards for drivability. On a ten foot span in either direction (traverse
or longitudinal), there shall not be more than one quarter of an inch deflection either up or
down:
2) Where emergency (as defined by the City) utility replacement or repair has been involved,
the pavement shall meet the above stated standards, again as absolutely quickly as the
repair work is completed and weather permits:
Words added underlined, words stfi6keH deleted (ed)
Page 2 of 4
3) Where any pavement is under construction for utility replacement or repair, and existing
travel lanes require temporary plates to cover open trenches, the roadway shall be level
and the plates secured in place via a method acceptable to the City. On a ten foot span in
either direction, there shall not be more than two inches of deflection wither up or down,
and such deflection shall under no circumstances be abrupt;
4) Where any pavement is under construction for utility replacement or repair, and alternate
travel lanes are required, they shall be all-weather surfaces approved by the City. On a ten
span in either direction, there shall not be more than two inches of deflection either up or
down, and such deflection shall under no circumstances be abrupt.
(I) It shall be the duty of the owner, occupant or use of construction site to construct or
reconstruct, and to maintain and keep in good repair sidewalks in front of or abutting upon each
parcel of his/her property within the city limits. The work shall meet both ADA and reasonable
standards for the use of pedestrians. On a ten foot span in either direction (traverse or
longitudinal), there shall not be more than one quarter of an inch deflection either up or down:
~ 135-3. Penalties for offenses.
Failure to strictly comply with any provision of this article shall result in a fine of $250.00
$500.00 per day.
Section 5. 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, clause, 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 part.
Section 6. 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 part 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 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 8. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
Words added underlined, words stfiGk8H deleted (ed)
Page 3 of 4
PASSED and ADOPTED on first reading the 11 ~ day of APR I L. 2008.
PASSED and ADOPTED on second reading the ~ day of vn ftY 2008.
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
Moved by: V, U. ~v' T~t2..
Seconded by: C~S5\b1JCY~ B~~211\J
Vote: S-6
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
v (Yes)
L/ (Yes)
~Yes)
V (Yes)
v1Y es)
_(No)
_(No)
(No)
_(No)
_(No)
Words added underlined, words stfi9kefl deleted (ed)
Page 4 of 4
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26
NOTICE OF PUBLIC HEARING
CITY OF SUNNY
ISLES BEACH
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NOTICE IS HEREBY GIVEN that the City Commission of the City of
Sunny Isles Beach, Florida, will hold a pUblic hearing in the Sunny
Isles Beach Government Center, David P. Samson Commission
Chambers. 18070 Collins Avenue. Sunny Isles Beach, Florida, on
Thursday, May 15,2008, at 6:30 p.m.. to consider final adoption of
the following proposed Ordinances:
AN OROINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE
SOLID WASTE COOE; PROVIDING FOR RENEWAL OF
THE APPLICATION AND INCREASE IN FRANCHISE FEES:
ESTABLISHING FOR REQUIREMENT TO DISPLAY PERMIT
ON FRANCHISE VEHICLES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE: PROVIDING
FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
256.11 OF THE CITY CODE PROVIDING FOR THE ISSUANCE
OF PARKING PERMITS TO COMMERCIAL VEHICLES
WITH NO MORE THAN TWO (2) AXLES: PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE: PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
135.1, 135.2 AND 135-3 OF THE CONSTRUCTION SITE
CODE; ESTABLISHING GUIDELINES FOR AREA ADJACEN
TO CONSTRUCTION ENTRANCES AS APPROVED BY TH
CITY; ESTABLISHING DAILY JOB SITE MAINTENANCE,
PROVIDING FOR INCREASE IN PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A
NEW CHAPTER OF THE CITY CODE ENTITLED "VACANT
PROPERTYREGISTRYMAINTENANCECODE"; PROVIDING
FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING REGISTRATION OF VACANT LOTS AND
BUILDINGS; PROVIDING FOR VACANT LOT AND BUILDING
PLAN; PROVIDING FOR STANDARDS FOR MAINTENANCE
OF VACANT LOTS AND BUILDINGS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR A WAIVER OF REQUIREMENTS; PROVIDING FOR
ANNUAL REPORTS; PROVIDING FOR PENALTIES AND
ENFORCEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER: PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at
305-792-1703. Copies of these documents are available for public
inspection during normal business hours in City Hall.
Jane A, Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented
by an agent. or 10 express their views in writing addressed to the City
Commission c/o lhe City Clerk, City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida. 33160. Any person wishing to
address the City Commission at a public hearing is asked to register
with the City Clerk by completing a public speakers' card prior to the
item being heard. The hearing on these matters may be conlinued
at this meeting and under such circumstances, additional legal notice
would not be provided. If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at
such meeting, they will need a record of the proceedings and. lor such
purpose, may need 10 ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by
the City lor introduction or admission 01 otherwise inadmissible or
irrelevant evidence. nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act, aU persons who
are disabled and who need special accommodations to participate in
this meeting because of Ihat disability should contact the City Manager
at 305-947-0606. no later than 48 hours prior to the proceedings; if
hearing impaired. please telephone the ITV line at 305.792.1590 for
assistance.
9
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305-248-5189
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CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
SIGN CODE VARIANCE REQUEST
NonCE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles
Beach, Rorida, in the Commission Chambers. Sunny Isles Beach Government Center. 18070 Collins Avenue. Sunny
Isles Beach, Rorida on Thursday, May 15, 2008 at 6:30 p.m., to consider the following Zoning applications:
A. R. K. Associates
Location of Shopping Centers: 16850,17004.17108 and 18090-18290 Collins Avenue
Public Hearing .:
Summary:
Z2008-01
The Applicant is requesting a variance from the Sign Regulations Code Section
265-58 J of the Land Development Regulations beller known as Uniform Sign Plan,
which requires all multi tenant sign plans be limited to no more than one cotor consistent
with the surrounding architectural standards. The Applicant is proposing a typical color
scheme sign age for each one of their shopping center properties. The color scheme
encompasses lour colors lor the signs, black. red, white. and green in addition to the
existing approved blue color
Renderings are on file and may be examined in the Planning and Zoning Department entitled
~R. K. Associates" designed by Advance Multi-Sign. Plans may be modified at public hearing.
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in
writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach,
Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually,
either orally or in writing about any zoning applications. Maps and other data pertaining to these applications
are available for public inspection during normal business hours in City Hall. Any zoning hearing may be
continued at this meeting and under such circumstances, additional legal notice would not be provided. Any
persons wishing to speak at a publiC hearing should register with the City Clerk prior to that item being
heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at
(305) 792.1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at such meeting or hearing, they
will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or
irrelevant evidence, nOf does it authorize challenges or appeals not otherwise allowed by law. In accordance
with Ihe Americans with Disabilities Act. all persons who are disabled and who need special accommodations to
participate in this meeting because of that disability should contact the City Manager at 305.792.1701, no later
than 48 hours prior to the proceeding; if hearing impaired, please telephone the TOO line at 305--792.1590 for
assistance.
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis ./. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-21 SO Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
Jorge Vera, Assistant City Manager
Robert C. Solera, Community Development Director
April 17,2008
Construction Sites Section 135 Amendments
RECOMMENDA TION:
It is recommended that the City Commission approve the attached Ordinance amending the Construction
Sites.
REASONS:
The Community Development Department based on constant code enforcement interaction with
construction sites, determined that an amendment of the Construction Site Section of the Code is
necessary. The current code section does not provide for daily job site maintenance.
In conjunction with the Public Works Department, we are requesting the City Commission to require all
construction sites to install a protected entrance / exit from the site to prevent any and all debris, concrete
waste, or any other material to be carried off of the site onto sidewalks or streets by trucks, equipments, or
any other method. The City Engineer/Public Works Director has included in the ordinance the specific
guidelines to follow, and will perform the required inspection to verify that the method meets the desired
City of Sunny Isles Beach standards.
Currently, the code section does not provide for rideability standards in conjunction with construction in
the right-of-way. The Department, again with the help of the City Engineer/Public Works Director, is
requesting that the Code Section include these standards. The implementation of the standards will assure
the City of Sunny Isles Beach residents and visitors are provided with streets and drivable surfaces that
will conform to a minimum standard of drivability. These minimum standards will prevent accidents that
may occur due to the conditions present as a result of the construction and will ensure health and life
safety.
Funding available: 0 VV\ \~
Finance Department
To be com leted a /l
Agenda Item - J ~
Agend
Comm Date 5-16- 0 <t
Cover Memo Construction Sites 135 Ord