HomeMy WebLinkAboutOrdinance_20-13_08/08/2013 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 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 DEBRIS
Sec. 14 -160. - Purpose.
Sec. 14 -161. - Administrative fines.
Sec. 14 -162. - Dempster required; storage and removal of debris.
Secs. 14- 163 -14 -180. - Reserved.
See. 14 -160. - Purpose.
The purpose of this article is to properly regulate the handling, storage and
disposal of refuse and debris generated by land clearing and construction activities and to
ensure that all debris is delivered by a properly licensed hauler to a solid waste authority
designated facility.
Sec. 14-161. - Administrative fines.
Consistent with law and this article, the special magistrate shall have jurisdiction
to enforce the provisions of this article within the village corporate limits. The special
magistrate, upon notification by the code enforcement officer that an order of the special
magistrate has not been complied with by the set time, may order the violator to pay a
fine not to exceed $250.00 for each day the violation continues past the date set for
compliance, or upon a finding that the same violation has been repeated by the same
violator within five years from the date of the original violation, may order the violator to
pay a fine not to exceed $500.00 per day for each day the repeat violation has been
repeated.
Sec. 14 -162. - Dumpster required; storage and removal of debris.
All land clearing, new construction, additions, alterations, remodeling and
demolition of existing buildings, structures and/or facilities shall comply with the
requirements set forth in this article as follows:
(1) An approved dumpster /container shall be required to be located at a lot or
parcel subsequent to a land clearing or building permit being issued. Such
approved dumpsters /containers shall be located on the subject lot or parcel and
shall not be placed within any adjacent right -of -way.
(2) the required dumpster /container shall be delivered, maintained and
removed by a licensed solid waste hauler.
(3) the contractor or an owner/builder shall obtain from the licensed hauler or
solid waste authority designated facility a copy of the disposal bill or other
appropriate form upon completion of the job and removal of the
dumpster /container and present this document to the building official prior to the
issuance of a certificate of occupancy.
(4) small scale additions, alterations and remodeling may be exempt from the
requirement to place an approved dumpster /container, subject to review by the
building official and provided that subsection (3) of this section is complied with
regarding removal of any refuse and debris generated by the permitted small scale
project.
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(5) A land clearing project may be exempt from the requirement to place an
approved dumpster /container when a valid burn permit has been obtained and
subject to review by the fire chief.
Secs. 14-163-14-180. - Reserved.
ARTICLE VIIL – CONSTRUCTION SITE MAINTENANCE
Sec. 14 -181. - Site maintenance and appearance generally.
Sec. 14 -182. - Removal and securing of construction materials during tropical storm or
hurricane warning or watch.
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
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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, 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,
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however, if such installation cannot be timely completed, then the property owner
or contractor shall:
(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.
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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Upon Second Reading this 8 day of August 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Council Member
D'Ambra and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno Absent
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of August
2013.
MAYOR OF TEQUESTA
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Lori McWilliams, MMC
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