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99-01 ORDINANCE NO. 99-01 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABILITY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE. WHEREAS, the City Commission desires to adopt an ordinance to provide for securing of construction sites so as to enhance the protection of the public health, safety, and welfare and preserve and protect the quality of life within the City; WHEREAS, pursuant to Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174 Florida Statutes; WHEREAS, the City Commission has reviewed the proposed regulations provided by this ordinance and finds that such regulations accomplish the purposes intended and are consistent with the Comprehensive Plan of Miami-Dade County, Florida as applicable to the City and with the provisions of the proposed Comprehensive Plan of the City of Aventura. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. 99-01 Page 2 Section 1. 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 created to read as follows: Section 14-100 Securing of Construction Sites. (a) Securing of Site. Security shall be provided at construction sites in accordance with this section. (b) Authority and Legislative Finding. Pursuant to authority provided by the home rule powers of the Florida Constitution and Chapter 166 and 163 of the Florida Statutes, 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 ordinance 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 105.3 of the South Florida Building Code, all construction sites must be secured, including the removal or fastening of hazardous and loose objects. (d) Objectives, Applicability. The objectives of this ordinance are: 1. To protect human life and health. Ordinance No. 99-01 Page 3 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 ordinance 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. 3. "City" shall mean the City of Aventura, Florida. (f) Prohibitions: 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 Ordinance No. 99-01 Page 4 residence which is not part of the construction of a development) shall secure the Site from unauthorized access between the hours of 6 p.m. of each day to 6 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 105.3 of the South Florida Building Code, by taking all steps necessary to secure the Construction Site, including removal or securing of hazardous or loose objects. 5. Any person receiving notice from the City's Building Official to comply with this section shall not fail or neglect to promptly comply. Section 2. Penalty. 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 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. 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 4 Ordinance No. 99-01 Page 5 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. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Perlow, who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner ^rthur Berger absent from the room Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Patricia Rogers-Libert yes Commissioner Jeffrey M. Perlow yes Vice-Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on second reading. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R, Beskin yes Commissioner Ken Cohen yes Commissioner Patricia Rogers-Libert yes Commissioner Jeffrey M. Pedow yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes 5 Ordinance No. 99-01 Page 6 PASSED AND ADOPTED on first reading this 15th day of December, 1998. PASSED AND ADOPTED on second reading this 5th day of January, 1999. ARTHUR I. SNy~D~~OR AFl'EST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: