The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 21_07/11/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 20-13 7/11/13 Consent Agenda: No Resolution #: Originating Department: Legal ' � ` • • • • — : - • • —�• Ordinance 20-13, First Readinq, 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 - Village Attorney Davis � . , .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: _ Appropriate Fund Balance: ' ' • � •' .• • •- • • • .�- •. . -� . . Department Head Submitted by Legal U Finance Director /—�� - . Reviewed for Financial Sufficiency I�'1 %' ��% �' No Financial Im act �- r p ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: �� . Approve Item: ❑ ;a�.� � � L��t � �� Deny Item: � � � . . ' � �� I��.'.' �; i s �.raR:�� ,I� ��-:� I �',+.�'�' ;�, �:�:�v�n�. li�:�� a�i�K�_�� I.�x�� ;i,� , ��`�� 1�. lp_�.0 �;�,n�_. •' • • • ' • • � • . 0� �JI��r�IU�I >7�A0;�� i �� il� I ��°� .IIJ��.:_.tt l �I � ;i�p . „�:.. � Form Amended: 7/12/12 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 BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: 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 �II. 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 ARTICL� VII –LAND CLEARING AND CONSTRUCTION DE�RIS 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. 1 Sec. 14-160. - Puruose. The nurnose of this article is to nronerlv re�ulate the handlins, storaee and isnosal 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 desianated facilitv. Sec.14-161. - Administrative fines. Consistent with law and this article. the snecial maeistrate shall have iurisdiction to enforce the nrovisions of this article within the village cornorate limits. The snecial ma�istrate, 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 unon a findin� that the same violation has been reneated bv the same violator within five vears from the date of the original violation, mav order the violator to nav a fine not to exceed $500.00 ber dav for each dav the reneat violation has been reneated. ec. 14-162. - Dumnster reauired: storage and removal of debris. All 1 d clearin�. new construction. additions, alterations. remodelin� and demolition of existing buildin�s. structures and/or facilities shall comnlv with the reauirements set forth in this article as follows: (1) An a roved dumnster/container shall be reauired to be located at a lot or narcel subseauent to a land clearing or buildin� nermit bein� issued. 2) the reauired dumnster/container shall be delivered. maintained and removed bv a licensed solid waste hauler. (3) the contractor or an owner/builder shall obtain from the licensed hauler or solid waste authoritv desisnated facilitv a conv of the disnosal bill or other a ronriate form unon comnletion of the iob and removal of the dumnster/container and nresent this document to the denartment of communitv develo ment nrior to the issuance of a certificate of occunancv. 4) small scale additions, alterations and remodelin� mav be exemnt from the reauirement to place an annroved dumnster/container, subiect to review bv the buildin� official and nrovided that subsection (31 of this section is comnlied with re ardins removal of anv refuse and debris senerated bv the nermitted small scale ro'ec . 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 obta.ined and subiect to review bv the buildin� official. �ecs.14-163-14-180. - Reserved. ARTICLE VIII. –CONSTRUCTION SITE MAINTENANCE Sec. 14-181. - Site maintenance and annearance �enerallv. 2 Sec. 14-182. - Removal and securing of construction materials durin� tronical storm or hurricane warnin� or watch. ec.14-181. - Site maintenance and annearance �enerallv. (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 eauibment used. nlaced or stored unon anv building or construction site shall be maintained within the erimeter of the buildins site. (b) All building construction sites within the villa�e shall nrovide suitable on-site commercial conta.iners. as determined and desi�nated bv the village, for the collection of loose debris. naner, construction material waste. scran construction material and other trash produced from the site. The construction container shall be nrovided with a cover or coverin� that will nrevent snilling or blowing of material from the container. The size and number of containers shall be adeauate, as determined bv the villa�e. for the amount of material �enerated on the buildin� or construction site. All such materials sha11 be conta.inerized bv the end of each � (c) Nothin� in tlus section shall be deemed to nernut the owner. general 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 storage of such materials or eauibment in the Aublic streets or on nronertv adiacent to the construction site. (d) Durin� construction. off-street narking for all nersonal vehicles and construction eauinment shall be nrovided and shall be utilized to nrevent on-street narking bv c nstruction nersonnel and eauinment. If it is determined necessarv to use on- . street �arkin�, a narking nlan shall be nrovided to the village and bermits shall be reauested for the number of on-street narking snaces reauired. Such nernuts onlv to be �ranted unon the showing of �ood cause that there is need for the narking 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 nrivate. causing the surface to be uneven or defaced, it shall be immediatelv removed bv the nerson resnonsible. Where mud or excessive dirt is tracked or denosited. bv vehicle or otherwise. onto anv road surface, nublic or nrivate. it sha11 be immediatelv removed bv the nerson resnonsible. The nerson resbonsible. 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 containing the construction or demolition site and/or the �eneral contractor in charge of a site from where the substance ori�inated (� If at anv time the buildin� official notifies the owner or general contractor, personallv or through their a�ent or renresentative, in writin�. that construction activities are beine conducted. or the construction site or anv nart thereof is bein� mainta.ined. in violation of the nrovisions of this section, such violations sha11 be corrected within 24 hours of the notice. If the owner or general contractor does not satisfactorilv correct the situation within 24 hours of such notification. in 3 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 �eneral contractor. or to their a�ent or re�resentative. or the nerson doin� the work. work on the site shall immediatelv ease. Such written notice shall also state the conditions under which work mav be resumed. Unon beins notified of the elimination of the violation of the brovisions of this section. the buildin� official shall insbect the site for comnliance and allow resumntion of work. (g) The owner of the nronertv and the �eneral contractor sha11 be iointiv and severallv responsible for comnliance with the nrovisions of this section. (h) The owner or seneral contractor, nersonallv or throu�h their a�ent or r nresentative. shall have the right to anneal the decision of the buildin� official ordering the cessation of all work and to annear before the code enforcement s ecial ma�istrate at a saecified time and nlace 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 village for the enforcement of this code. ec. 14-182. - Removal and securing of construction materials durin� tronical storm or hurricane warnin� or watch. (a) When the National Weather Service. National Hurricane Center or annronriate weather a�encv shall declare a tronical storm watch or warnin� or a hurricane watch or warnin� for anv nortion of the countv. a11 construction materials, including roof tiles, and debris an a11 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 tropical storm force winds. (b) Media broadcasts or notices issued by 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 ubon which construction is occurrins or anv contractor resnonsible for the construction to secure, store or remove loose construction debris and loose construction materials against the effects of hi�h winds. (c) Materials stockniled on ton of anv structure under construction shall be nermanentiv installed bv the nronertv owner or contractor unon issuance of a tronical storm watch or warnin� or a hurricane watch or warnins; 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 ma.nner so as not to nresent a threat of their becoming airborne during a tronical storm or hurricane: (2) Remove the construction materials from the ton of the structure and mechanicallv tie them down to the �round: (3) Remove the construction materials from the iob site: or (4) Store the construction materials inside a protected structure. 4 (d) Such construction materials or debris shall remain secure stored or removed from the nronertv un�il the National Weather Ser vice. National Hurricane Center or other annrouriate weather agencv has removed all portions of the countv from those areas included in a tronical storm watch or warning or a hurricane watch or warnin�. (e) From June 1 to November 30 of each calendar vear (the National Weather Service desimated hurricane season). const ruction or roofing materials which are loaded on a roof shall immediatelv be tied down and shall rem�in tied down in such a manner as to nrevent such materials from bein� blown off the roof bv heavv winds until the nermanent installation of the materials (� It shall be the ioint resaonsibilitv of the owner and �eneral contractor to remove secure. or to see to the remov 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 �rovided in this Code or otherwise bv law the villa�e mav take whatever emergencv action it deems necessarv to secure. store or remove all loose construction materials and debris includin� but not limited to roof tiles and roofins materials. In such circumstances, the village shall bill the nronertv owner or his a�ent for a11 charges and exnenses incurred, whether incurred bv the utilization of village nersonnel and materials or other outside contractors retained bv the village for these numoses. The securing of an outside contractor to berform these services shall be deemed to be the securing of emergen services and shall not reau . _ _ _ - ire the village 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 village mav record a claim of lien encumbering the nronertv and thereafter ---- -- - broceed accordin� to law to enforce the lien. (h) The enforcement brocedures contained in this section are in addition to, and not in lieu of. anv other enforcement nrocedures or remedies available to the village 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. 5