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.
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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
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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