HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 04_06/20/2013 ORDINANCE NO. 20-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES BY RELOCATING THE VILLAGE'S LAND CLEARING
AND CONSTRUCTION DEBRIS CONTROL CODE FROM ARTICLE
VII. OF CHAPTER 30 TO THE NEWLY CREATED ARTICLE VII. OF
CHAPTER 14.; AND BY RELOCATING THE VILLAGE'S
CONSTRUCTION SITE MAINTENANCE CODE FROM ARTICLE VIII.
OF CHAPTER 30 TO THE NEWLY CREATED ARTICLE VIII. OF
CHAPTER 14; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village is undertaking a review and update of its entire code of
ordinances; and
WHEREAS, as part of this project, it has been determined that the Village's code
regarding land clearing, construction debris and construction site maintenance are more properly
located in Chapter 14 dealing with building codes; and
WHEREAS, the Village Council desires to effectuate such relocation in order to better
organize its code of ordinances regarding codes associated with buildings and construction.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM SEACH COUNTY, FLORIDA, AS FOLLOWS:
Section l: There is hereby created an entirely new Article VII and an entirely new
Article VIII in Chapter 14. Buildings and Building Regulations, for relocation of code currently
found at Chapter 30. Environment. Article VII. Land Clearing and Construction Debris, and
Chapter 30. Environment. Article VIII. Construction Site Maintenance; providing that Chapter
14, Article VII and Article VIII shall hereafter read as follows:
Chapter 14
BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII –LAND CLEARING AND CONSTRUCTION DESRIS
----------- _ ----_.._------------__ _ --------------_ -------- -------------. _ --- _ __ ------------- -----
Sec. 14-160. - Purnose.
Sec. 14-161. - Administrative fines.
Sec. 14-162. - Dumnster reauired; stora�e and removal of debris.
Secs. 14-163-14-180. - Reserved.
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Sec.14-160. - Purnose.
The nurnose of this article is to nronerlv re�ulate the handlin�, stora�e and
dis osal of refuse and debris �enerated bv land clearing and construction activities and to
ensure that all debris is delivered bv a nronerlv licensed hauler to a solid waste authoritv
desi�nated facilitv.
Sec. 14-161. - Administrative fines.
Consistent with law and this article. the snecial ma�istrate shall have iurisdiction
to enforce the nrovisions of this article within the village comorate limits. The snecial
masistrate. unon notification bv the code enforcement officer that an order of the snecial
ma istrate has not been comnlied with bv the set time. mav order the violator to nav a
fine not to exceed $250.00 for each dav the violation continues nast the date set for
comnliance. or ubon a findine that the same violation has been reneated bv the same
violator within five vears from the date of the ori�inal violation. mav order the violator to
pav a fine not to exceed �500.00 ner dav for each dav the reneat violation has been
reneated.
ec. 14-162. - Dumnster reauired: stora�e and removal of debris.
All land clearin�, new construction, additions. alterations, remodeling and
demolition of existin� buildin�s, structures and/or facilities shall comnlv with the
reauirements set forth in this article as follows:
(1) An annroved dumbster/container shall be reauired to be located at a lot or
parcel subseauent to a land clearin� or buildin� nermit bein� issued.
21 the reauired dumnster/container shall be delivered. maintained and
removed bv a licensed solid waste hauler.
(31 the contractor or an owner/builder shall obtain from the licensed hauler or
solid waste authoritv desi�nated facilitv a conv of the disnosal bill or other
a nronriate form unon comnletion of the i ob and removal of the
dum ster/container and nresent this document to the denartment of communitv
develonment nrior to the issuance of a certificate of occubancv.
41 small scale additions. alterations and remodelin� mav be exembt from the
reauirement to nlace an abnroved dumnster/container. subiect to review bv the
buildin official and nrovided that subsection (31 of this section is comnlied with
re�ardin� removal of anv refuse and debris �enerated bv the nermitted small scale
r�
(51 A land clearin� nroiect mav be exemnt from the reauirement to nlace an
a nroved dumnster/container when a valid burn nermit has been obtained and
sub' ect to review bv the buildin� official.
Secs.14-163-14-180. - Reserved.
ARTICLE VIII. –CONSTRUCTION SITE MAINTENANCE
-------------------------------- ---- ----- ------ --------- __ . ---------- ._ -- --- ----- - _. ___
Sec. 14-181. - Site maintenance and annearance �enerallv.
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Sec. 14-182. - Removal and securin� of construction materials durin� tronical storm or
hurricane warnin� or watch.
Sec.14-181. - Site maintenance and annearance generallv.
(a) All buildin and construction sites within the villa�e shall at all times be kent free
of loose debris. naner. construction material waste. scran construction material
and other trash nroduced from the site. All materials and eauinment used, nlaced
or stored unon anv buildin� or construction site shall be maintained within the
erimeter of the buildin� site.
(b) All buildin construction sites within the villa�e shall nrovide suitable on-site
commercial containers. as determined and desi�nated bv the villa�e, for the
collection of loose debris. naner, construction material waste, scran construction
material and other trash nroduced from the site. The construction container sha11
be nrovided with a cover or coverin� that will brevent snillin� or blowing of
material from the container. The size and number of containers shall be adeauate.
as determined bv the village. for the amount of material �enerated on the buildin�
or construction site. All such materials shall be containerized bv the end of each
d�
(c) Nothin� in this section shall be deemed to nermit the owner. �eneral contractor or
anv of their emnlovees, a�ents or renresentatives to remove or disnose of debris.
paner. construction material waste. scran construction material and other trash
produced from or on the site bv on-site burnin� or bv the nilin� or storase of such
materials or eauinment in the nublic streets or on bronertv adiacent to the
construction site.
(d) Durin� construction, off-street narkin� for all nersonal vehicles and construction
eauinment shall be brovided and shall be utilized to nrevent on-street narkin� bv
construction nersonnel and eauinment. If it is determined necessarv to use on-
street narkin�, a narkin� nlan shall be nrovided to the village and nermits shall be
reauested for the number of on-street narkin� snaces reauired. Such nermits onlv
to be �ranted unon the showin� of �ood cause that there is need for the narkin�
and that there is no off-street narkin� available.
(e) Where concrete or anv other substance nermanentiv affixes itself to anv road
surface, nublic or brivate. causine the surface to be uneven or defaced. it shall be
immediatelv removed bv the nerson resbonsible. Where mud or excessive dirt is
tracked or denosited. bv vehicle or otherwise, onto anv road surface. nublic or
nrivate, it shall be immediatelv removed bv the nerson resnonsible. The nerson
res onsible, as identified in this section. shall mean the driver of the vehicle
which denosited the substance onto the road surface. his emnlover. the owner of
the real nronertv containins the construction or demolition site and/or the �eneral
contractor in char�e of a site from where the substance ori�inated.
(� If at anv time the buildin� official notifies the owner or �eneral contractor.
nersonallv or throush their a�ent or renresentative. in writin�, that construction
activities are bein� conducted. or the construction site or anv nart thereof is bein�
maintained. in violation of the nrovisions of this section, such violations shall be
corrected within 24 hours of the notice. If the owner or �eneral contractor does
not satisfactorilv correct the situation within 24 hours of such notification. in
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addition to anv other enforcement actions available to the villa�e nursuant to this
code or otherwise nrovided bv law. unon written notice from the buildin� official
�iven to the owner of the nronertv. or to the eeneral contractor. or to their a�ent or
renresentative. or the nerson doin� the work, work on the site shall immediatelv
cease. Such written notice shall also state the conditions under which work mav
be resumed. Unon being notified of the elimination of the violation of the
rovisions of this section. the buildin� official shall insnect the site for
comnliance and allow resumntion of work.
(g) The owner of the nronertv and the seneral contractor shall be iointiv and severallv
resnonsible for comnliance with the nrovisions of this section.
(h) The owner or �eneral contractor, nersonallv or throu�h their a�ent or
renresentative. sha11 have the ri�ht to anneal the decision of the buildin� official
orderin� the cessation of all work and to aut�ear before the code enforcement
s ecial ma�istrate at a snecified time and blace to show cause whv thev should
not comnlv with the notice.
(i) The enforcement nrocedures contained in this section are in addition to, and not in
lieu of. anv other enforcement nrocedures or remedies available to the villa�e for
the enforcement of this code.
�ec. 14-182. - Removal and securing of construction materials durin� trobical storm or
hurricane warning or watch.
(a) When the National Weather Service. National Hurricane Center or anbronriate
weather a�encv shall declare a tronical storm watch or warnins or a hurricane
watch or warnin� for anv nortion of the countv, all construction materials.
includin� roof tiles, and debris on all buildine and construction sites within the
villa�e shall be secured, stored or removed so as not to create a safetv hazard
because of hurricane or trobical storm force winds.
(b) Media broadcasts or notices issued bv the National Weather Service or National
Hurricane Center of a tronical storm watch or warnin� or a hurricane watch or
warnin� shall be deemed sufficient notice to the owner of real nronertv unon
which construction is occurrins or anv contractor resnonsible for the construction
to secure store or remove loose construction debris and loose construction
materials a�ainst the effects of hi�h winds.
(c) Materials stockniled on ton of anv structure under construction shall be
ermanentiv installed bv the nronertv owner or contractor ubon issuance of a
tronical storm watch or warnin� or a hurricane watch or warning: nrovided.
however. if such installation cannot be timelv comnleted, then the nronertv owner
or contractor shall:
(1) Band to�ether the construction materials and mechanicallv fasten them to
the ton of the structure in such a manner so as not to bresent a threat of
their becomin� airborne during a trobical storm or hurricane:
(2) Remove the construction materials from the tob of the structure and
mechanicallv tie them down to the ground:
(3) Remove the construction materials from the iob site; or
(4) Store the construction materials inside a orotected structure.
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(d) Such construction materials or debris shall remain secure, stored or removed from
the nronertv until the National Weather Service National Hurricane Center or
other at�urobriate weather asencv has removed all nortions _of the countv from
those areas included in a trot�ical storm watch or warning or a hurricane watch or
w�
(e) From June 1 to November 30 of each calendar vear (the National Weather Service
desisnated hurricane se asonl. construction or roofin� materials which are loaded
on a roof shall immediatelv be tied d own and shall remain tied down in such a
manner as to nrevent such m aterials from beins blown off the roof bv heavv
winds until the uermanent installa of the materials.
( fl It shall be the i oint resnonsibilitv of the owner and �eneral contractor to _remove
secure or to see to the removal or securin� 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
nrovided in this Code or otherwise bv law, the villa�e mav take whatever
emer�encv action it deems necessarv to secure. store or remove all loose
construction materials and debris, including. but not limited to, roof tiles and
roofin� materials In such circumstances. the villa�e shall bill the nronertv owner
or his a�ent for all cha r�es and exnenses incurred, whether incurred bv the
utilization of vill a�e nersonnel and materials or other outside contractors retained
bv the villase for these nurooses. The securins of an outside contractor to nerform
these services shall be deemed to be the securin� of emergencv services and shall
not reauire the villa�e to utilize a comnetitive bid nrocess to select a contractor.
Should the bill for such services remain unnaid for a neriod of 30 davs or_more.
the villa�e mav reco a claim of lien encumberin� the nronertv and thereafter
nroceed accordin� to law to enforce the lien.
(h) The enforcement nrocedures contained in this section are in addition to, and not in
lieu of anv other e nforcement nrocedures or remedies available to the villa�e for
the enforcement of this code.
Section 2: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance.
Section 5 : This Ordinance shall become effective immediately upon adoption.
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