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HomeMy WebLinkAboutOrdinance_559_06/14/2001ORDINANCE NO. 5 5 9 • AN ORDINANCE OF THE VILLAGE COUNCIL, OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 10 OF THE VILLAGE CODE OF ORDINANCES BY PROVIDING A NEW ARTICLE IX RELATING TO CONSTRUCTION SITES; PROVIDING FOR CONSTRUCTION SITE MAINTENANCE AND APPEARANCE; PROVIDING FOR REMOVAL AND SECURING OF CONSTRUCTION MATERIALS DURING TROPICAL STORM AND HURRICANE WARNINGS OR WATCHES; PROVIDING FOR SEVERABII.,ITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council desires for the purposes of public safety and welfare and appearance to provide certain regulations for construction site maintenance and appearance; and WHEREAS, the Village Council finds that during hurricane season, unsecured construction and/or roofing materials located on roofs constitute a danger to the health, safety and welfare of the residents of the Village. • NOW, THEREFORE, be it ordained by the Village Council of the Village of Tequesta, Palm Beach County, Florida, as follows: Section 1. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended by including a new Article IX to read as follows: "ARTICLE IX CONSTRUCTION SITES Sec. 10-75. Construction Site Maintenance and Appearance. (a) All building and construction sites within the Village shall at all times be kept free of loose debris, paper, construction material waste, scrap construction material and other trash produced from the site. All materials and equipment used, placed or stored upon any building or construction site shall be maintained within the perimeter of the building site. (b) All building construction sites within the Village shall provide suitable on- site commercial container(s), as determined and designated by the Village, for the collection of loose debris, paper, construction material waste, scrap construction material and other trash produced from the site. The construction container(s) shall . be provided with a cover or covering that will prevent spilling or blowing of material • from the container(s). The size and number of containers shall be adequate, as determined by the Village, for the amount of material generated on the building or construction site. All said materials shall be containerized by the end of each day. (c) Nothing in this section shall be deemed to permit the owner, general contractor or any of their employees, agents or representatives to remove or dispose of debris, paper, construction material waste, scrap construction material and other trash produced from or on the site by onsite burning or by the piling or storage of said materials or equipment in the public streets or on property adjacent to the construction site. (d) During construction, off-street parking for all personal vehicles and construction equipment shall be provided and shall be utilized to prevent on-street parking by construction personnel and equipment. In the event it is determined necessary touse on-street parking, a parking plan shall be provided to the Village and permits shall be requested for the number of on-street parking spaces required. Said permits only to be granted upon the showing of good cause that there is need for said parking and that there is no off street parking available. (e) Where concrete or any other substance permanently affixes itself to any road surface, public or private, causing the surface to be uneven or defaced, it shall be immediately removed by the person or persons responsible. Where mud or • excessive dirt is tracked or deposited, by vehicle or otherwise, onto any road surface, public or private, it shall be immediately removed by the person or persons responsible. The person or persons responsible as identified in this section, shall mean the driver of the vehicle which deposited the substance onto the road surface, his employer, the owner of the real property containing the construction or demolition site and/or the general contractor in charge of a site from where the substance originated. (f) If at any time the Village notifies the owner or general contractor, personally or through their agent(s) or representative(s), in writing that construction activities are being conducted, or the construction site or any part thereof is being maintained, in violation of the provisions of this section, said violations shall be corrected within 24 hours of the notice. If the owner or general contractor does not satisfactorily correct the situation within 24 hours of said notification, in addition to any other enforcement actions available to the Village pursuant to this Code or otherwise provided by law, upon written notice from the Village given to the owner of the property, or to the general contractor, or to their agent(s) or representative(s), or the person doing the work, work on the site shall immediately cease. Such written notice shall also state the conditions under which work may be resumed. Upon being notified of the elimination of the violation of the provisions of this section, the Village shall inspect the site for compliance and allow resumption of work. • 2 • (g) The owner of the property and the general contractor shall be jointly and severally responsible for compliance with the provisions of this section. (h) The owner, or general contractor, personally or through their agent(s) or representative(s), shall have the right to appeal the decision of the Village ordering the cessation of all work and to appear before the Code Enforcement Special Master at a specified time and place to show cause why they should not comply with said notice. (i) The enforcement procedures contained in this section are in addition to, and not in lieu of, any other enforcement procedures or remedies available to the Village for the enforcement of its Code of Ordinances Sec. 10-76. Removal and Securing of Construction Materials During Tropical Storm and Hurricane Warning or Watch Required. (a) When the National Weather Service, National Hurricane Center or appropriate weather agency shall declare a tropical storm watch or warning or a hurricane watch or warning for any portion of Palm Beach County, Florida, all construction materials, including roof tiles, and debris on all building and construction sites within the Village shall be secured, stored or removed so as not to create a safety hazard because of hurricane or tropical storm force winds. • (b) Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of a tropical storm watch or warning or a hurricane watch or warning shall be deemed sufficient notice to the owner of real property upon which construction is occurring or any contractor responsible for said construction to secure, store or remove loose construction debris and loose construction materials against the effects of high winds. (c) Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon issuance of a tropical storm watch or warning or a hurricane watch or warning; provided, however, in the event such installation cannot be timely completed, then the property owner or contractor shall: (i) Band together the construction materials and mechanically fasten them to the top of the structure in such a manner so as not to present a threat of their becoming airborne during a tropical storm or hurricane; or (ii) Remove the construction materials from the top of the structure and mechanically tie down to the ground; or ,] 3 • (iii) Remove the construction materials from the job site; or (iv) Store the construction materials inside a protected structure. (d) Said construction materials or debris shall remain secure, stored or removed from the property until the National Weather Service, National Hurricane Center or other appropriate weather agency has removed all portions of Palm Beach County from those areas included in a tropical storm watch or warning or a hurricane watch or warning. (e) From June 1 to November 30 of each calendar year (the National Weather Service designated hurricane season), construction or roofing materials which are loaded on a roof shall immediately be tied down and shall remain tied down in such a manner as to prevent such materials from being blown off the roof by heavy winds until the permanent installation of the materials. (f) It shall be the joint responsibility of the owner and general contractor to remove, secure, or to see to the removal or securing of all construction materials and debris as set forth in this section. (g) In the event of a violation of this section, in addition to all other remedies provided in the Code of Ordinances or otherwise by law, the Village may take • whatever emergency action it deems necessary to secure, store or remove all loose construction materials and debris including ,but not limited to, roof tiles and roofing materials. In such circumstances, the Village shall bill the property owner or his agent for all charges and expenses incurred, whether incurred by the utilization of Village personnel and materials or other outside contractors retained by the Village for these purposes. The securing of an outside contractor to perform these services shall be deemed to be the securing of emergency services and shall not require the Village to utilize a competitive bid process to select a contractor or contractors. Should the bill for such services remain unpaid for a period of thirty (30) days or more, the Village may record a claim of lien encumbering the property and thereafter proceed according to law to enforce said lien. (h) The enforcement procedures contained in this section are in addition to, and not in lieu of, any other enforcement procedures or remedies available to the Village for the enforcement of its Code of Ordinances." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. • 4 • Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Ru s s e 11 J . von F r a ~kwho moved its adoption. The Ordinance was seconded by Councilmember Ric ;~~~a l~r ~.._ and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • Geraldine A. Genco Ave _ Joseph N. Capretta Basil E. Dalack Sharon D. t4alker Russell J. von Frank Ave Aye Aye Aye The Mayor thereupon declared the Ordinance duly passed and adopted this 14 t h of June , 2001. MAYOR OF TEQUESTA i/ r Geraldine Genco • ATTEST: N" l.~ A r, q 1 ~ ;;-~ N:\JCR\13153 ORDNANCES\Construction Site Maintenance.wpd May 2, 2001 5 day