HomeMy WebLinkAboutDocumentation_Regular_Tab 04B_06/14/2001 � _ ��
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Ta Mr. Michael Couzzo, Jr., Village Manager
FrwnK jeffeiy C. Newell, Director of ComYnunity Development
CC:
D� 6/S/2001
R� Secvnd reading of Ordiriance "Construetion Site Maintenance and Appearance"
Piease be advised that at the June 14, 2001 Counal meeting will be the sec:ond reading of the
proposed ordinance that addresses Construction Site Maintenance and rance.
APpea
Once this ordinance become effective, all eontradors that have projec�s within the jurisdiction of
Teque�a witt be notified.
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ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 10 OF THE VILLAGE CODE OF
ORDINANCES BY PROVIDING A NEW ARTICLE IX
RELATING TO CONSTRUCTION SITES; PROVIDING FOR
CONSTRUCTION SITE MAINTENANCE AND APPEARANCE;
PROVIDING FOR REMOVAL AND SECURING OF
CONSTRUCTION MATERIALS DURING TROPICAL STORM
AND HURRICANE WARNINGS OR WATCHES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council desires for the purposes of public safety and welfare and
� appearance to provide certain regulations for construction site maintenance and appearance; and
WHEREAS, the Village Council fmds that during hurricane season, unsecured construction
and/or roofing materials Iocated on roofs constitute a danger to the health, safety and welfare of the
residents of the Village.
NOW, THEREFORE, be it ordained by the Village Council fo the Village of Tequesta, Palm
Beach County, Florida, as follows:
Section 1. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to
Health and Sanitation is hereby amended by including a new Article IX to read as follows:
"ARTICLE IX
. CONSTRUCTION STIES
Sec.10-75. Construction Site Maintenance and Appearance.
(a) All building and construction sites within the Village shall at a11 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 container(s), as determ�ned and des�gnated by the Village, for the �
collection of loose debris, paper, construction material waste, scrap construction
materiai and other trash produced from the site. The construction container(s} sha11
be provided with a cover or covering that will prevent spilling or blowing of material
from the container(s). The size and number of containers shall be adequate, as
determined by the Village, for the amount of material generated on the building or
const�ruuction site. All said materials shall be containerized bX the end of each day.
(c) Nothing in this section shall be deemed to permit the owner, general
contractor or any of their employees, agents or representa.tives to remove or dispose
of debris, paper, constructio� material waste, scrap construction material and other
trash produced from or on the site by onsite burning or by the piling or storage of
said 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 preve�t on-street
parking by construction personnel and equipment. In the event it is determined
necessary to use on-street parking, a parking plan sha11 be provided to the Village and
permits shall be requested for the number af on-street parking spaces required. Said
permits only to be granted upon the showing of good cause that there is need for said
parking and that there is no off street parking available.
(e) Where concrete or any other substance permanently �xes itself to any road
surface, public or private, causing the surface to be uneven or defaced, it shall be
immediately removed by the person or persons 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 or persons
responsible. The person or persons 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.
(� If at any time the Village notifies the owner or general contractor, persona�ly
or through their ag�nt(s) or representative(s�, 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, said violations sha11 be corrected within
24 hours of the notice. If the owner or generai contractor does not satisfactorily
correct the situation within 24 hours of said 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 Village given to the ovcmer of the
property, or to the general contractor, or to their agent(s) or representative(s), 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
Village shall inspect the site for compliance and allow resumption of work.
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(g) The owner of the property and the general contractor shall be jointly and
severally responsible for comp�iance with the provisions of this section.
(h) The owner, or general contractor, personally or through their agent(s) or
representa.tive(s), sha11 have the right to appeal the decision of the Village ordering
the cessation of a11 work and to appear before the Code Enforcement Special Master
at a specified time and place to show cause why they should not comply with said
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 its Code of Ordinances
Sec.10-76. Removal and Securing of Construction �Vlaterials During
Tropieal Storm and Hurricane Warning or Watch Required.
- (a) When t�ie 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 Palm Beach County, Florida, all
construction materials, including roof tiles, and debris on a11 building and
construction sites within the Village sha11 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 occumng or any contractor responsible for said construction
to secure, store or remove loose construction debris and loose construction materials
against the effects af high winds.
(c) Materials stockpiled on top of any structure under construction shall be
permanently installed by the property ovcmer or contractor upon issuance of a tropical
storm watch or warning or a hurricane watch or warning; provided, however, in the
event such installation cannot be timely completed, then the property owner or
contractor shall:
(i) 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; or
(ii) Remove the construction materials from the top of the structure and
mechanically tie down to the ground; or
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(iii) Remove the construction materials from the job site; or
(iv) Store the construction materials inside a protected structure.
(d) Said construction materials or debris sha11 remain secure, stored or removed
from the property until the National Weather Service, I�ational Hurricane Center or
other appropriate weather agency has removed all portions of Pa1m Beach County
from those areas included in a tropical storm watch or warning or a hurricane watch
or waming.
(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 shal� immedi.ately be tied down and sliall 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.
( fl It s�ia�l 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 a11 other remedies
provided in the Code of Ordinances or otherwise by law, the Village may take
whatever emergency action it deems necessary to secure, store or remove a111oose
conshuction 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 a11 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 seiect a contractor or contractors.
Should the bill for such services remain unpaid for a period af thirty (30) days or
more, the Village may record a claim of lien encumbering the property and thereafter
proceed according to law to enforce said 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 its Code of Ordinances."
Section 2. Severability. If any provision of this Ordinance or the application thereof is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
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Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification, This Ordinance shall be codified and made a part of the official
Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinanceshall take effect immediately upon its passage
and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance was seconded by
Councilmember _ and upon being put to a vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance"duly passed and adopted this day
of -- , 2001.
MAYOR OF TEQUESTA
Geraldine Genco
ATTEST:
Village Clerk
N:UCR\13153 ORDNANCES\Construction Site Maintenance.wpd
May 2, 2001
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