HomeMy WebLinkAboutDocumentation_Regular_Tab 13_08/08/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 20-13 AMENDED
8/8/13
Consent Agenda: No Resolution #:
Originating Department: Legal
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Ordinance 20-�3, �.:��J�� 1!_'_� � li�,.,a, H�����������c�a�� �d�wa �i�odG«-�c� ��y<<����, ��a c��r��������a�psaa K��� Co�q�����a��v�� �dw�;
Village's Land Clearing and Construction Debris Control Code fram Article Vll. of Chapter 30 to the
Newly Created Arficle Vll. of Chapter 14.; and by Relocating the Village's Construction Site
Maintenance Code from Article Vlll. of Chapter 30 to the Newly Created Article Vlll. of Chapter 14;
Providing for Interna! Consistency and Specifying Location for Placement of Certain Construction
Debris Containers —(first reading 7/11/13) — Village Attorney Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
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Department Head Submitted by Legal ����( �,,
Finance Director �?��,4 ��-� �3
Reviewed for Financial Sufficiency ❑ " - � ' //�,,' ' ;-= "
No Financial Im act ` -� �y �
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Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: Q� �":' �
Approve Item: ❑
Deny Item: �
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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 FOR INTERNAL CONSISTENCY AND
SPECIFYING LOCATION FOR PLACEMENT OF CERTAIN
CONSTRUCTION DEBRIS CONTAINERS; 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 specify that construction debris containers
shall be placed upon private property and not within Village rights-of-way; 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 VII. Land Clearing and Construction Debris, and
Chapter 30. Environment. Article VIII. Construction Site Maintenance; specifying placement
requirements for construction debris containers and providing for internal consistency; providing
that Chapter 14, Article VII and Article VIII shall hereafter read as follows:
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Chapter 14
BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. –LAND CLEARING AND CONSTRUCTION DEBRI
Sec. 14-160. - Purpose.
Sec. 14-161. - Administrative fines.
Sec. 14-162. - Dumnster reauired: stora�e and removal of debris.
Secs. 14-163-14-180. - Reserved.
Sec. 14-160. - Purnose.
The nurnose of this article is to bronerlv re�ulate the handlin�, stora�e and
disnosal of refuse and debris �enerated bv land clearin� 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 special ma�istrate shall have iurisdiction
to enforce the brovisions of this article within the village coroorate limits. The snecial
ma�istrate, unon notification bv the code enforcement officer that an order of the snecial
ma istrate has not been comblied 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 upon a findin� 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
av a fine not to exceed $500.00 ner dav for each dav the reneat violation has been I
reneated.
ec. 14-162. - Dumnster reauired: stora�e and removal of debris.
All land clearing, 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 annroved dumbster/container shall be reauired to be located at a lot or
arcel subseauent to a land clearin� or buildin� nermit bein� issued. Such
a nroved dumnsters/containers shall be located on the subiect lot or varcel and
shall not be nlaced within anv adiacent ri�ht-of-wav.
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 desi�nated facilitv a copv of the disnosal bill or other
a pronriate form unon completion of the iob and removal of the
dum ster/container and nresent this document to the building official prior to the
issuance of a certificate of occunancv.
4 small scale additions, alterations and remodeling mav be exemnt from the
reauirement to nlace an annroved dumpster/container, subiect to review bv the
buildin� official and nrovided that subsection (3) of this section is comnlied with
re ardin� removal of anv refuse and debris �enerated bv the nermitted small scale
r�
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5) A land clearin� proiect mav be exempt from the reauirement to place an
a nroved dumpster/container when a valid burn bermit has been obtained and
subiect to review bv the fire chief.
Secs. 14-163-14-180. - Reserved.
ARTICLE VIII. –CONSTRUCTION SITE MAINTENANCE
Sec. 14-181. - Site maintenance and apnearance �enerallv.
Sec. 14-182. - Removal and securin� of construction materials durin� tropical 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, paner, construction material waste, scrab construction material
and other trash broduced 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, scrap construction
material and other trash nroduced from the site. The construction container shall
be nrovided with a cover or coverin� that will prevent spillin� or blowin� of
material from the container. The size and number of containers shall be adequate,
as determined bv the villa�e, for the amount of material �enerated on the buildin�
or construction site. All such materials shall be containerized bv the end of each
dav. All such containers shall be located on the subiect lot or parcel and shall not �
be nlaced within anv adiacent ri�ht-of-wav.
(c) Nothin� in this section shall be deemed to nermit the owner, �eneral contractor or
anv of their emblovees, a�ents or renresentatives to remove or disnose of debris.
aper, construction material waste, scran construction material and other trash
roduced from or on the site bv on-site burnin� or bv the niling or stora�e of such
materials or eauibment in the bublic streets or on pronertv adiacent to the
construction site.
(d) Durin� construction, off-street narkin� for all nersonal vehicles and construction
eauipment shall be provided and shall be utilized to prevent on-street parkin� bv
construction bersonnel and eauibment. If it is determined necessarv to use on-
street narkin�, a parkin� nlan shall be nrovided to the villa�e and nermits shall be
reauested for the number of on-street barkin� snaces reauired. Such nermits onlv
to be �ranted unon the showin� of �ood cause that there is need for the parkin�
and that there is no off-street narkin� available.
(e) Where concrete or anv other substance permanentiv affixes itself to anv road
surface, bublic or brivate, causin� 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, public or
rivate, it shall be immediatelv removed bv the berson resnonsible. The berson
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responsible, as identified in this section, shall mean the driver of the vehicle
which denosited the substance onto the road surface, his emt�lover, the owner of
the real vronertv containin� the construction or demolition site andlor the �eneral
contractor in charge of a site from where the substance originated.
(� If at anv time the building official notifies the owner or eeneral contractor,
bersonallv or throu�h their a�ent or representative. in writin�, that construction
activities are being conducted, or the construction site or anv nart thereof is bein�
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 satisfactorilv correct the situation within 24 hours of such notification. in
addition to anv other enforcement actions available to the village nursuant to this
code or otherwise nrovided bv law, unon written notice from the building official
given to the owner of the nronertv. or to the eeneral contractor. or to their agent or
renresentative, or the nerson doine the work, work on the site shall immediatelv
cease. Such written notice sha11 also state the conditions under which work mav
be resumed. Ubon bein� notified of the elimination of the violation of the
rovisions of this section, the buildin� official shall insvect the site for
comvliance and allow resumntion of work.
(g) The owner of the nrobertv and the general contractor shall be iointiv and severallv
resnonsible for comnliance with the nrovisions of this section.
(h) The owner or �eneral contractor. nersonallv or throush their a�ent or
renresentative, shall have the right to avveal the decision of the buildin� official
orderin� the cessation of all work and to annear before the code enforcement
svecial ma�istrate at a snecified time and nlace to show cause whv thev should
not comnlv with the notice.
(i) The enforcement procedures 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 securin� of construction materials durin� trouical storm or
hurricane warnin� or watch.
(a) When the National Weather Service. National Hurricane Center or aAbrobriate
weather agencv shall declare a tronical storm watch or warnin� or a hurricane
watch or warnin� for anv vortion of the countv. all construction materials.
including roof tiles, and debris on all building 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 bv the National Weather Service or National
Hurricane Center of a trobical storm watch or warnine or a hurricane watch or
warnin� shall be deemed sufficient notice to the owner of real nrovertv ubon
which construction is occurrin� or anv contractor resnonsible for the construction
to secure, store or remove loose construction debris and loose construction
materials against the effects of high winds.
(c) Materials stockbiled on ton of anv structure under construction shall be
ermanentiv installed bv the nrobertv owner or contractor ubon issuance of a
tronical storm watch or warnine or a hurricane watch or warnin�: nrovided.
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however, if such installation cannot be timelv comvleted, then the brobertv owner
or contractor shall:
(1) Band to�ether the construction materials and mechanicallv fasten them to
the to of the structure in such a manner so as not to nresent a threat of
their becomin� airborne durin� a tronical storm or hurricane:
(2) Remove the construction materials from the ton 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 protected structure.
(d) Such construction materials or debris shall remain secure, stored or removed from
the bronertv until the National Weather Service. National Hurricane Center or
other annronriate weather a�encv has removed all nortions of the countv from
those areas included in a tronical storm watch or warnin� or a hurricane watch or
warnin�.
(e) From June 1 to November 30 of each calendar vear lthe National Weather Service
desi ated hurricane season), construction or roofin� materials which are loaded
on a roof shall immediatelv be tied down and shall remain 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 resvonsibilitv of the owner and seneral 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
emergencv action it deems necessarv to secure, store or remove all loose
construction materials and debris. includin�. but not limited to, roof tiles and
roofin� materials. In such circumstances, the villaee shall bill the vrovertv owner
or his agent for all charees and exnenses incurred, whether incurred bv the
utilization of villa�e nersonnel and materials or other outside contractors retained
b the village for these nurnoses. The securing of an outside contractor to nerform
these services shall be deemed to be the securin� of emersencv 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 record a claim of lien encumberin� the nrobertv and thereafter
proceed according 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 enforcement vrocedures 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.
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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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