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03-16-2006 Workshop City Commission Workshop Meeting . lQ200 West COllntrv Cluh Drive Aventllffi. Fl. ::nl~O March 16, 2006 9A.M. Executive Conference Room AGENDA 1. Performing Arts Center Concept (City Manager)* Future Action Required: Motion to Proceed 2. Town Meeting at Point East (Commissioner Auerbach) 3. Additional Construction Regulations (City Manager)* Future Action Required: Ordinance 4. Review of Annual Calendar (City Manager)* 5. Hurricane Preparedness Update (City Manager) 6. Adjournment * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding. '.. ~ ::: .... .... ~ ... ,.c ~ ...... ~ ,. , '-oJ ~ ~ .... ... ~ ...... ~ . , )..I ~ ~ ~ """ .. CI) .. CI) a. .. 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CO - ~ 0> - e -- CI) e ~ ::J 0 ..c en -- 1:5 ~ ca - 0.. ::J CD ..c .c - '- '- - 0 +-'::J CD'- en+-, ::J CD A. 0 e u o ::J "0 en+-' +-' e ene e 0"= I 0 -- CD -- en e>O "'C '-"0 al en CD CD e '- t:: 0=-= -- 0 a. ~::J ::J ~..c CD ..c e '- '- CI) en 0..0 CD CO CO e c..I .. -- LL+-' > CD ene> U) en D:::en D::: -- CD en e +-' U CD__ .. U CD-- CD '- N CD ::J C ::J "0:.= >< - ....... en "0 -- 0 en CD en <("5 CI) '- .!:!!.CJ) 0... - Z . . . . ~ . .... o;..w e ~ ~ ",.."",. 8 ~ ~ =: ~ ",.."",. ~ ~ ~ ~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: March 10,2006 SUBJECT: Recommended Additional Construction Regulations The City has adopted Ordinances to regulate the construction activity by private developers in the City to protect the life, safety and welfare of the community. Due to a growing problem at the various construction sites in the City, I feel it is time we revisited our Ordinances to address ongoing problems and provide for stiffer fines for violations. Therefore, I have requested the City Attorney to draft a new Ordinance to address the following issues: 1. Increase the fines for violating construction times and construction regulations. 2. Parking of construction worker vehicles off the site of the project in any area of the City shall require City approval. 3. Any construction vehicles blocking a public roadway or right-of-way shall require a City permit and approval. 4. Establish requirements for job site maintenance, including sweeping of public roadways. If you have any questions, please feel free to contact me. EMS/act cc: Joanne Carr, Planning Director Robert M. Sherman, Director Community Services CC01469-06 .-....--r---.,-----.,....----"~-..- ORDINANCE NO. 2006-_ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS", AT ARTICLE V "CONSTRUCTION SITES", BY AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES"; TO REVISE TITLE OF SECTION 14-100 TO BE "SECURING OF CONSTRUCTION SITES; OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-DADE COUNTY CODE REFERENCE AND ADDING ADDITIONAL PROVISIONS CONCERNING ENFORCEMENT AND PENALTIES, PARKING OF CONSTRUCTION WORKER VEmCLES, PROTECTION OF PUBLIC ROADWAYS AND RIGHT OF WAY, ENFORCEMENT OF NOISE REGULATIONS, AND ESTABLISHING REQUIREMENTS FOR JOB SITE MAINTENANCE, COMPLIANCE WITH JOB-SITE PLAN, AND OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of A ventura finds that it is necessary to further enhance the provisions of Section 14-100 of the City Code concerning activities at construction sites and the impact of construction site activities upon the City; and WHEREAS, the City Commission finds that this proposed Ordinance serves to further enhance the protection of the public health, safety and welfare. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. That Section 14-100 "Securing of Construction Sites" of Article V "Construction Sites" of Chapter 14 "Buildings and Building Regulations" of the City Code, is hereby amended by amending Section 14-100 to read as follows:! Sec. 14-100 - Securing of Construction Sites: Other Rellulations. (a) Securing of Site. Security shall be provided at construction sites III accordance with this section. (b) Authority and Legislative Finding. Pursuant to authority provided by the home rule powers of the State Constitution and F.S. Chapter. 166 and Chapter. 163, the City is authorized to adopt regulations designed to promote the public health, safety, and welfare, as well as to adopt regulations controlling the use of land. (c) Intent and Purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize public and private losses arising as a result of unauthorized access to construction sites, or from loose and unsecured materials at construction sites during emergency weather conditions, by enacting provisions designed to: (1) Restrict or prohibit uses at construction sites which are dangerous to health, safety, and property located off site. (2) Require that construction sites within the City have access secured by the provision of a locked fence and/or security guard. (3) Require that access roads to construction sites be kept clear of debris and be kept passable by motor vehicle at all times. (4) Require that in the event of the issuance of a hurricane watch by the United States Weather Bureau and in accordance with section -WH 8-16 of the Somn Florida Bliilding Miami-Dade County Code, all construction sites must be secured, including the removal or fastening of hazardous and loose objects. ] / Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strikethrougH; presently existing text is indicated by the absence of any underlinioe. or strih:ethreHgRs. 2 ill Require practices which mitigate potential off-site impacts. (d) Objectives, Applicability. The objectives of this section are: (1) To protect human life and health and to protect and promote an enhanced qualitv oflife in the Citv. (2) To minimize the need for rescue and relief efforts associated with insecure construction sites and hazardous weather conditions. (3) To minimize damage to public and private facilities and property. (4) Nothing in this division shall constitute a work place safety rule or be construed to apply to any matters governed by Chapter 440, Fla. Stat. or Federal OSHA Laws. (e) Definitions. The following words or phrases when used in this section shall have the meanings ascribed to them herein: (1) "Construction site" or "site" includes all sites where new construction, remodeling, or additions take place, other than just interior work which is not visible to the exterior of the premises. (2) a. "Secure," in reference to items, includes fastening down or removing all hazardous objects such as construction shacks, temporary toilets, roofing tile, building materials, trash, forms, insecure structures, temporary electric service poles, and protection of exposed glass areas with storm shutters. b. The term "secure," as applied to site access, includes protecting the construction site, during the hours described herein in paragraph (f)(2), by way of a locked fence surrounding the perimeter of the site and/or the provision of a security guard. (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. 3 (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 ~ 8-16 of the SOllth Florida Bllildillg Miami-Dade Countv Code, by taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose objects. ill Motor vehicles which are used bv construction workers and others involved in the construction of the proiect at the site for the purpose of commuting to or from the site. shall not be parked off of the site of the proiect except in an area or location which shall be first approved in writing bv the Citv Manager or his designee. Parking areas are to properlv screened from the public and shall not be detrimental to the surrounding neighborhood. The Citv approval shall be based on assuring that: public streets or rights-of-way are not blocked: that adequate parking remains for existing residences and businesses: and that any impact to public parking resources and the surrounding neighborhood is mitigated. @ 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. seventy two (72) hours in advance of any such activities which impact a public roadway or right of way. ill The owner. occupant or user of a construction site shall comply with the restrictions of Section 30-33(15) "Construction" of the City Code which regulates noise related to construction activities. ill The owner. occupant or user of a construction site shall 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: 4 ill Sweeping of public roadways which are directly affected bv construction site dust. debris or activities~ (ill Pick UP and disposal of litter at or generated bv the construction site; (imWashing down of any street signs or public facilities which are impacted bv dust or debris from the construction site activity; (iv) Stacking of materials and equipment which are visible from a pubic right-of-wav in an orderly appearance; (v) Watering of exposed loose earth at the site so as to minimize off- site transport of particulate matter; (vi) Compliance with additional iob site maintenance components which are described in an applicable job-site plan (the "Plan") for the proiect site. {2} W The owner. occupant or user of any construction site for a commercial or institutional project of greater than ten thousand (10.000) square feet of floor area and for any construction site for a residential project of greater than ten (10) dwelling units. shall be required to present a Plan to the City Manager or his designee for approval prior to the issuance of a building permit bv the City Building Official. The Plan shall include the detailed plan of the owner. occupant or user of the construction site for compliance with each of the requirements of this Section 14-100. ill The City Manager or his designee shall review the Plan to determine in his or her discretion whether such Plan complies with the requirements of this section and otherwise provides for the protection of the public health. safety and welfare. The City Manager or his designee shall approve or reject any Plan within thirty (30) days of its submission bv notifying the submitter identified in the Plan. The City Manager or his designee shall identify the reasons for reiection and provide an opportunity to cure the deficiencies noted. Failure of the City Manager or his designee to timely notify the submitter of a rejection shall be deemed approval of the Plan. f9 The owner. occupant or user of the construction site shall. at all times. abide bv the provisions of the approved Plan. The Plan shall be in effect from the date of approval until 5 the completion of the construction proiect and issuance of a City certificate of occuoancv. City may oeriodicallv require revisions to the Plan if problems arise with compliance or if there is a change of conditions in the locale. @ In the event that the submitter of the Plan desires to make anv material change with respect to anv of the provisions of the Plan. the revisions shall be communicated to the Citv Manager in writing. for the Citv Manager's approval. in advance of the proposed change. Revisions shall be processed in the same manner as the initial Plan. ~ QQ} Any person receiving notice from the City's Building Official or Citv Manager to comply with this section shall not fail or neglect to promptly comply. (gl Enforcement. Failure to abide bv the provisions of this section shall constitute a violation of the Citv Code. Each dav that a violation continues shall be deemed a separate violation. A fine imposed for a violation of this section shall be Two Hundred Fiftv ($250.00) Dollars for a first violation and shall be Five Hundred ($500.00) Dollars for a subsequent or repeat violation. However. if the Citv's code enforcement Special Master finds the violation to be irreparable or irreversible in nature. the Special Master mav impose a fine not to exceed Five Thousand ($5.000.00) Dollars per violation. Enforcement mav also be implemented bv anv other means which is authorized or allowed bv law. Section 3. Severabilitv. That 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 A ventura; that the sections of this 6 Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Penaltv. That any person who violates any provisions of this Section S. Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as authorized by Section 162.22, Florida Statutes. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Zev Auerbach Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: 7 Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Zev Auerbach Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this day of ,2006. PASSED AND ADOPTED on second reading this _day of .2006. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney F:/328.001/0rdinances/Amending City Code Chapter 14, Section 14.100 Construction Sites 2.16.06 8 m" \1/1/, ~ ~ ..... ,- - -. . -./ - . . - ,- '" '" -:'. , , 1.., .";.:' y h ," .) - Iln' COMMISSION MEETING SCHEDULE April Commission Meeting April 4, 2006 6:00 P,M, April Workshop Meeting April 20, 2006 9:00 AM. May Commission Meeting May 2, 2006 6:00 P.M. May Workshop Meeting May 18, 2006 9:00 AM. June Commission Meeting June 6, 2006 6:00 P.M. June Workshop Meeting June 15, 2006 9:00 AM, July Commission Meeting July 11, 2006 6:00 P.M. July Workshop Meeting July 20, 2006 9:00 AM, August NO MEETINGS September Commission Meeting September 5, 2006 6:00 P.M. ** September Workshop Meeting September 21 , 2006 9:00 AM. ** October Commission Meeting October 3, 2006 6:00 P.M. October Workshop Meeting October 19, 2006 9:00 AM, November Commission Meeting November 7,2006 6:00 P,M. November Workshop Meeting November 16, 2006 9:00 AM. December NO MEETINGS ** Two Budget Public Hearings to be held in September will be scheduled in July. Workshop Meetings are held in the 5th floor Executive Conference Room Commission Meetings are held in the Commission Chamber on the 2nd FloOL Aventura Government Center, 19200 W Country Club Drive, Aventura, FL 33180