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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_12/14/2023 Agenda Item #15. Regular Council STAFF MEMO Meeting: Regular Council - Dec 14 2023 Staff Contact: Wayne Cameron Department: Building ORDINANCE NO. 15-23, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE Vill. CONSTRUCTION SITE MAINTENANCE. BY CREATING AN ENTIRELY NEW SECTION 14-183. TEMPORARY SHELTER REGULATIONS. TO PROVIDE REGULATIONS FOR THE PLACEMENT AND USE OF TEMPORARY SHELTER STRUCTURES ON RESIDENTIAL LOTS UNDER LIMITED CIRCUMSTANCES FOLLOWING NATURAL EMERGENCIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. This ordinance is in response to Senate Bill 250 which provides that local governments may not prohibit the placement of one temporary shelter on residential property for a period of 36 months following a declaration of a state of emergency for a natural emergency. Senate Bill 250 was in response to historic hurricane Ian and hurricane Nicole which left many communities with significant flood damage. Accordingly, a temporary shelter can be placed on residential property if the permanent residential structure is damaged and rendered uninhabitable during a natural emergency for which the governor declared a state of emergency. The temporary shelter includes a recreational vehicle, trailer or other similar structure. There are no setback requirements for the temporary shelter and it can remain for up to 36 months after the date of the declaration or until a CO is issued for the permanent residential structure, whichever occurs first. Before a resident can place a temporary shelter on their property, the resident must first either submit evidence of a construction loan, submit a plan or design to the building department, or submit for a building permit. In addition,the following circumstances must apply: • The resident must make a good faith effort to rebuild or renovate; • The temporary shelter must be connected to water and electric utilities; • The temporary shelter must not present a threat to health and human safety; • The resident must live in the temporary shelter This item went before the LPA on October 19th who recommended approval with no changes. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: N/A IS THIS A PIGGYBACK: Page 269 of 593 Agenda Item #15. ❑ Yes M N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x N/A COMMENTS/EXPLANATION ON SELECTIONN/A - • • • - • el Recommend approval. Temporary Shelter Regulations Revised Teguesta 2023 Page 270 of 593 Agenda Item #15. ORDINANCE NO. 15-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE VIII. CONSTRUCTION SITE MAINTENANCE. BY CREATING AN ENTIRELY NEW SECTION 14-183. TEMPORARY SHELTER REGULATIONS. TO PROVIDE REGULATIONS FOR THE PLACEMENT AND USE OF TEMPORARY SHELTER STRUCTURES ON RESIDENTIAL LOTS UNDER LIMITED CIRCUMSTANCES FOLLOWING NATURAL EMERGENCIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, following the 2023 legislative session, Laws of Florida 2023-304 was enacted which, among other things, amended state law by creating Sec. 166.0335, Florida Statutes, prohibiting municipalities from prohibiting temporary shelters on residential property for specified timeframes under certain circumstances; and WHEREAS, the Village Council desires to updates the Village's building regulations to conform to these changes to state law; and WHEREAS, Village Staff recommends adoption of the regulations proposed by this ordinance as being in conformance with said changes to state law; and WHEREAS, the Village Council desires to adopt this ordinance, and has determined that such adoption will best serve the public welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1: Chapter 14. Buildings and building regulations. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VIII. Construction site maintenance. by creating an entirely new Section 78-183. Temporary shelter regulations. to provide regulations for the placement and use of temporary shelter 1 Page 271 of 593 Agenda Item #15. structures on residential lots under limited circumstances following natural emergencies; providing that Chapter 14, Article VIII shall hereafter read as follows: CHAPTER 14. - BUILDINGS AND BUILDING REGULATIONS ARTICLE VIII. - CONSTRUCTION SITE MAINTENANCE Sec. 14-181. - Site maintenance and appearance generally. (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 containers, 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 shall be provided with a cover or covering that will prevent spilling or blowing of material from the container. 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 such materials shall be containerized by the end of each day. All such containers shall be located on the subject lot or parcel and shall not be placed within any adjacent right-of-way. (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 on-site burning or by the piling or storage of such 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. If it is determined necessary to use 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. Such permits only to be granted upon the showing of good cause that there is need for the 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 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 responsible. The person 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. 2 Page 272 of 593 Agenda Item #15. (f) If at any time the building official notifies the owner or general contractor, personally or through their agent or representative, 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, such 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 such 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 building official given to the owner of the property, or to the general contractor, or to their agent or representative, 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 building official shall inspect the site for compliance and allow resumption of work. (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 or representative, shall have the right to appeal the decision of the building official ordering the cessation of all work and to appear before the code enforcement special magistrate at a specified time and place to show cause why they should not comply with the 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 this code. Sec. 14-182. - Removal and securing of construction materials during tropical storm or hurricane warning or watch. (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 the county, 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 the 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, if such installation cannot be timely completed, then the property owner or contractor shall: 3 Page 273 of 593 Agenda Item #15. (1) 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; (2) Remove the construction materials from the top of the structure and mechanically tie them down to the ground; (3) Remove the construction materials from the job site; or (4) Store the construction materials inside a protected structure. (d) Such 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 the 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 this Code 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. Should the bill for such services remain unpaid for a period of 30 days or more, the village may record a claim of lien encumbering the property and thereafter proceed according to law to enforce the 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 this Code. Sec. 14-183. — Temporary shelter regulations. La Following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in Sec. 252.34(8), Florida Statutes, during which a permanent residential structure was damaged and rendered uninhabitable, the placement of one temporary shelter on the residential property for up to 36 months from the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first. is permitted. 4 Page 274 of 593 Agenda Item #15. Ub In order to place the temporary shelter on the residential property pursuant to subsection (a) above, all of the following circumstances must apply: 1M The resident must make a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying to the Village for a building permit, submitting a plan or design to the Village building department, or obtaining-a construction loan and submitting evidence thereof to the Village Building Department: and 20 The temporary shelter must be connected to water and electric utilities, must be equipped to, and capable of, disposing of all generated sewage in accordance with applicable rules, and must not otherwise present a threat to health and human safety as determined by appropriate Village personnel: and Q The resident must live in the temporary structure while it is placed on the residential property. Uc The term "temporary shelter" as used in this section means a recreational vehicle. trailer, or similar structure placed on a residential property. dM The temporary shelter shall be placed within required setbacks unless compliance with such setbacks prevents the temporary shelter from otherwise being able to comply with the requirements of this section and from being used as contemplated by this section. Section 2: Each and every other Section and Subsection of Chapter 14. Buildings and building regulations. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 5 Page 275 of 593