Ordinance No. 2024-11 Amendments to Update Various Code Sections - July 2, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-11
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER
REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143
"RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN
REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING
REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48
"OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38;
AMENDING SECTION 45-38 "USE OF RIGHTS-OF-WAY" OF CHAPTER
45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City ofAventura ("City") periodically performs a review of its Code
of Ordinances ("Code") to identify terms that need updating or clarification; and
WHEREAS, the City recently reviewed its Code and determined such revisions
are warranted in Chapters 14, 31 , 38 and 45; and
WHEREAS, the City Commission finds it is in the best interest of the City to amend
its ordinances as recommended by staff and specifically identified in Exhibit "A," which is
attached and incorporated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amendments. That the following Chapters are amended
in accordance with Exhibit A, which identifies additions to the existing Code with
underlining and deletions with strikethroug- features:
• Chapter 14, Article V, Section 14-100, "Securing of construction sites; other
requirements."
• Chapter 31 , Article VI I,
o Section 31-143, "Residential Zoning Districts."
o Section 31-191 , "Sign regulations generally."
o Section 31-221 , "Landscaping requirements."
• Chapter 38, Article II, Section 38-48, "Office hours; collection hours."
• Chapter 45, Article II, Section 45-38, "Use of rights-of-way."
City of Aventura Ordinance No. 2024-11
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 part.
Section 4. Inclusion in the Code. That it is the intention of the City
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 Aventura; that the sections of this Ordinance
may be re-numbered or re-lettered to accomplish such intention; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Vice Mayor Dr. Marks, who moved its
adoption on second reading. This motion was seconded by Commissioner Bloom and
upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2024-11
PASSED on first reading this 4th day of June, 2024.
PASSED AND ADOPTED on second reading this 2nd day of July, 2024.
kbWARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
71 fl -.- I ,
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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CITY OF AVENTURA ORDINANCE 2024-11
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EXHIBIT"A"
Chapter 14 - BUILDINGS AND BUILDING REGULATIONS!
ARTICLE V. -CONSTRUCTION SITES
Sec. 14-100.-Securing of construction sites; other requirements.
(f)Prohibitions;requirements.
(1)The owner,occupant or user of a construction site shall not engage in any activity which poses a danger to
persons located off of the construction site,from debris, materials or activities carried on at the construction site,
and shall take necessary precautions.A contractor engaging in work at a site or pulling a building permit for a site
constitutes a "user"of a site.
(2)The owner,occupant or user of a construction site(other than one solely consisting of a single-family or duplex
residence which is not part of the construction of a development) shall secure the site from unauthorized access
between the hours of 6:00 p.m. of each day to 6:00 a.m.of the next day by the use of a locked fence and/or
security guard.
(3)The owner,occupant or user of a construction site shall keep all access roads to the construction site clear of
debris for safe travel by authorized persons.
(4) In the event that a hurricane watch is issued by the United States Weather Bureau,the owner,occupant or user
of a construction site shall comply with the requirements of section 5-16 of the Miami-Dade County Code, by
taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose
objects.
(5) Motor vehicles which are used by construction workers and others involved in the construction of the project
at the site for the purpose of commuting to or from the site,shall not be parked off of the site of the project
except in an area or location which shall be first approved in writing by the City Manager or his designee. Parking
areas are to be properly screened from the public and shall not be detrimental to the surrounding neighborhood.
The City approval shall be based on assuring that: public street or rights-of-way are not blocked;that adequate
parking remains for existing residences and businesses; and that any impact to public parking resources is
mitigated.
(6)Any construction vehicles or equipment involved in construction at a site which block a public roadway or right-
of-way shall require a City right-of-way use permit and approval,with appropriate conditions,as issued by the City
Manager or his designee,72 hours in advance of any such activities which impact a public right-of-way.
(7)The owner,occupant or user of a construction site shall comply with the restrictions of subsection 30-33(15)
"Construction" of the City Code which regulates noise related to construction activities.
(8)The owner,occupant or user of a construction site shall complete job site maintenance,on a daily basis, prior
to the conclusion of each day's work. Daily job site maintenance shall include the following:
a. Sweeping of public roadways which are directly affected by construction site dust,debris or activities;
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
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CITY OF AVENTURA ORDINANCE 2024-11
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EXHIBIT"A"
b. Pick up and disposal of litter at or generated by the construction site;
c.Washing down of any street signs or public facilities 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 the 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 of particulate matter;
g. Compliance with additional job site maintenance components which are described in an applicable job-site plan
(the"Plan")for the project site.
h. Construction dumpsters must be covered at all times when not in use.
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CITY OF AVENTURA ORDINANCE 2024-11
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EXHIBIT"A"
Chapter 31 - LAND DEVELOPMENT REGULATIONS,
ARTICLE VII.-USE REGULATIONS
Sec. 31-143.- Residential Zoning Districts.
(f) „6f ... y Migh D , 4t R -d-e tk 1 oi_44;68/Room l Multifamily Medium High Density Residential Districts
RMF4 The following regulations shall apply to all RMF4 Districts.
ARTICLE IX.-SIGN REGULATIONS
Sec. 31-191.-Sign regulations generally.
(k) Temporary signs. Temporary signs shall comply with the following restrictions,conditions,and limitations:
(11)Temporary signs must be posted in accordance with the following tables.
(11)Temporary Window Sign During Construction of Tenant Space:
Residential Non-Residential District
District
Approvals Not Sign Permit Required
necessary permitted
Number One per establishme+t One per window
(maximum)
Sign area Ten percent of window area up to a maximum of ten square feet
(maximum)
Time Limit Permitted for a 12-month period from date of building permit issuance until
the date of issuance of a Certificate of Completion or Occupancy,or until a
permitted temporary banner is erected,or until a permitted permanent wall
sign is erected,whichever first occurs
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
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ARTICLE X. -LANDSCAPING REQUIREMENTS
Sec.31-221.-Landscaping requirements.
(j) Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater,or trees with
an overall height of twelve feet and greater, shall be removed or relocated without a permit from the community
development department of the city. In evaluating whether to grant a tree removal permit,the Director or Designee
shall consider the size, species (native or not), health, rareness and age of the tree. A tree survey identifying all
existing trees over three inches in diameter or trees with an overall height of 12 feet and greater shall be included
with any building permit application.This survey drawing shall be overlaid directly upon the site plan sufficiently to
provide the accurate location of all existing trees which are proposed to be destroyed, relocated,or preserved,the
identification number of each tree,botanical name and common name of each tree,diameter at breast height(DBH)
of each tree,height and canopy spread of each tree,condition and disposition of each tree.An arborist's report may
be required at the discretion of the Community Development Director. In addition,all applicable portions of Section
24-49 of the Code of Miami-Dade County are adopted herein. Applicability of the Miami-Dade County Ordinance
shall be as determined by the Director or Designee.
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Chapter 38 - SOLID WASTE,
ARTICLE II.-COLLECTION FRANCHISES
Sec. 38-48.-Office hours; collection hours.
(a) The franchisee's office shall remain open Monday through Friday from 8:30 a.m. to 5:00 p.m. for the
purpose of handling complaints; and for that purpose, there shall be maintained an adequate number of
telephones and a responsible person in charge during the hours specified.These requirements do not apply
on legal holidays.
(b) Collections shall normally be made in residential areas no earlier than 6!90 a-rw.7:00 a.m.and no later than
7:00 p.m., or as otherwise prescribed by the City,with no service on Sunday,except in time of emergency
or to maintain schedules due to holidays.Changes to these hours must be approved by the City Manager.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
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Chapter 45 —TELECOMMUNICATIONS,
ARTICLE II. -TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Sec.45-38.-Use of rights-of-way.
(a) A facility owner agrees at all times to comply with and abide by all applicable provisions of the State statutes and
local laws including, but not limited to, applicable zoning regulations not inconsistent with State and Federal
laws.
(b) Except in the case of an emergency,which shall include without limitation an out of service condition affecting
911 service,and which shall require subsequent notification to the City,no telecommunications service provider
shall construct any facility on, over, above, along, upon, under, across, or within any public right-of-way which
disrupts the public rights-of-way without first filing an application with and obtaining a permit from the City
therefor, pursuant to applicable permitting requirements of the City, including but not limited to section 24�-2
42-1 of the City Code, except as otherwise provided in this article. In case of the repair or maintenance of an
existing facility,the City may impose lesser requirements than those set forth herein. Unless otherwise required
by the City Code, no permit shall be required for installation and maintenance of service connections to
customers' premises where there will be no disruption of the public rights-of-way.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
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