2006-05
ORDINANCE NO. 2006-05
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 VEIDCLES, PROTECTION OF PUBLIC
ROADWAYS AND RIGHT OF WAY,
ENFORCEMENT OF NOISE REGULATIONS, AND
ESTABLISIDNG 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 fmds that it is necessary to
further enhance the provisions of Section 14-1 DO 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.
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Ordinance No. 2006-05
Page 2
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 Reflulations.
(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 ofland.
(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
~ 8-16 of the Sel!tli FleriaR Bliilaiag Miami-Dade County
'/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by sailLetlvsygk:; presently existing text is indicated by the absence of
any underliniUl! or atrikethraHghs.
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Ordinance No. 2006-05
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Code, all construction sites must be secured, including the removal
or fastening of hazardous and loose objects.
ill Require practices which mitigate potential off-site impacts.
(d) Objectives, Applicability.
The objectives of this section are:
(I) To protect human life and health and to protect and promote an
enhanced Qualitv of life 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:
(I) "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
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Ordinance No. 2006-05
Page 4
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 ~ 8-16 of the
Se1Hli FleHeR BliilEliag Miami-Dade County Code, by taking all
steps necessary to secure the construction site, including remoyal or
securing of hazardous or loose objects.
ill Motor yehicles which are used by 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
approyed 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 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 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. seyenty
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(5) "Construction" of the City Code
which regulates noise related to construction activities.
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Ordinance No. 2006-05
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ill The owner. occuoant or user of a construction site shall comolete iob
site maintenance. on a dailv basis. orior to the conclusion of each
day's work. Dailv iob site maintenance shall include the following:
ill Sweeoing of public roadways which are directly affected bv
construction site dust. debris or activities:
ill} Pick uo and disoosal of litter at or generated bv the
construction site:
(iii) Washing down of any street signs or oublic facilities which are
imoacted bv dust or debris from the construction site activity:
(iv) Stacking of materials and eQuioment which are visible from a
public right-of-wav in an orderlvaooearance:
(v) Stacking of construction materials in a manner which assures
that the materials and the material oackaging shall not fall or be
transoorted into any canals. lakes. drainage facilities or other
water bodies in the vicinity of the site:
(vi) Watering of exoosed loose earth at the site so as to minimize
off-site transoort of particulate matter:
(vii) Comoliance with additional iob site maintenance comoonents
which are described in an aoolicable job-site olan (the "Plan")
for the oroiect site.
m w.
The owner. occuoant or user of any construction site for a
commercial or institutional oroject of greater than ten
thousand (J 0.000) SQuare feet of floor area and for any
construction site for a residential oroject of greater than ten
(J 0) dwelling units. shall be reQuired to present a Plan to
the City Manager or his designee for aooroval orior to the
issuance of a building permit bv the City Building Official.
The Plan shall include the detailed olan of the owner.
occuoant or user of the construction site for comoliance
with each of the reQuirements of this Section 14-100. For
those construction sites for which an active building oermit
has already been issued. orior to the final adootion of this
section on Mav 2. 2006. the Plan shall be submitted on or
before June 5. 2006.
ill The City Manager or his designee shall review the Plan to
determine in his or her discretion whether such Plan
comolies with the reQuirements of this section and
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otherwise provides for the protection of the public health.
safety and welfare. The City Manager or his designee shall
approve or reiect anv Plan within thirty (30) days of its
submission bv notifving 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 Citv Manager or his
designee to timelv notify the submitter of a reiection shall
be deemed approval of the Plan.
f2l 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
the completion of the construction proiect and issuance of a
Citv certificate of occupancv. Citv mav periodically
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
any material change with respect to anv of the provisions of
the Plan. the revisions shall be communicated to the City
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.
~ f.1Ql 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.
fgl Enforcement.
Failure to abide by the ProVISIOns of this section shall constitute a
violation of the City Code. Each day that a violation continues shall be
deemed a separate violation. A fine imposed for a violation of this
section shall be Two Hundred Fifty ($250.00) Dollars for a first
violation and shall be Five Hundred ($500.00) Dollars for a subsequent
or repeat violation. However. if the City's code enforcement Soecial
Master finds the violation to be irreparable or irreversible in nature.
the Special Master may impose a fine not to exceed Five Thousand
($5.000.00) Dollars per violation. Enforcement may also be
implemented bv any other means which is authorized or allowed bv
law.
Section 3.
Severabilitv. That the provisions of this Ordinance are declared to be
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Ordinance No. 2006-05
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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 Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to
"Section" or other appropriate word.
Section 5.
Penalty. That any person who violates any provisions of this 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, and shall be applicable to uses, activities and operations which
exist on the effective date hereof as well as to uses, activities or operations which are
subsequently established.
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Ordinance No. 2006-05
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The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Joel who moved its adoption on
second reading. This motion was seconded by Commissioner Weinberg and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
PASSED AND ADOPTED on first reading this 4th day of April, 2006.
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PASSED AND ADOPTED on second reading this 2nd day of May, 2006.
~T#:.) ~~_~
. Susan Gottlieb, ~ayor
Approved as to Form and Legal Sufficiency:
H
City Attorney
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