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����o���y MEMORANDUM
TO: Michael Couzzo, Jr., Village Manager
FROM: Jeffrey C. Newell, Community Development
DATE: May 2, 2001
SUBJECT: Construction Site Maintenance Ordinance
The intent of the ordinance is to provide enforcement authority over
construction sites when the Village of Tequesta is under a hurricane watch.
This ordinance also addresses the condition of the site during the process of
construction with it's primary focus on roofing materials that are stored or
partially installed.
This will be the first reading of Construction Site Maintenance Ordinance for
consideration of adoption, as per the request of the Council. A second
reading will be required after a public hearing notice is published.
Word\Couuo\Newell Memo
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.
Wf�REAS, 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
VVHEREAS, the Village Council finds that during hurricane season, unsecured construction
andJor roofing materials located 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 Ordinance� 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 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 container(s), as determined and designated by the Village, for the
collection of loose debris, paper, construction material waste, scrap construction
ma.terial and other trash produced from the site. The construction container(s) shall
be provided with a cover or covering that will prevent spilling or blowing of ma.terial
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
construction site. All said materiaLs shall be containerized by the end of each day.
(c) Nothing in this section shall be deemed to pernut 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 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 prevent on-street
parking by construction personnel and equipment. In the event it is determined
necessary to use on-street parking, a parking plan shall be provided to the Village and
pernuts shall be requested for the number of on-street parking spaces required. Said
pernuts 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 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 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 origina.ted.
(� If at any time the Village notifies the owner or general contractor, personally
or through their agent(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 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 said notification, in addition to any other
enforcement actions availa.ble to the Villa.ge pursua.nt to this Code or otherwise
provided by law, upon written notice from the Village given to the owner 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 resurned. 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 compliance with the provisions of this section.
(h) The owner, or general contractor, personally or through their agent(s) or
representative(s), shall ha.ve the right to appeal the decision of the Village ordering
the cessation of all 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 Materials During
Tropical Storm and Hurricane Warning or Watch Required.
(a) Whenthe National Wea.ther 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 ma.terials,
including rooftiles, and debris on all building and construction sites within the Village
shall be secured, stored or removed so as not to create a safety haz,ard because of
hurrica.ne 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 suffcient notice to the owner of real property upon which
construction is occurring or any contractor responsible for said 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, however, in the
event such installation cannot be timely completed, then the property owner or
contractor shall:
(i) Band together the construction ma.terials 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
(u) Remove the construction materials from the top of the structure and
mechanically tie down to the ground; or
(iu) Remove the construction materials from the job site; or
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(iv) Store the construction materials inside a protected structure.
(d) Said construction materials or debris shall rema.in 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 Palm Beach 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 yeaz (the National Weather
Service designa.ted 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 offthe roof by heavy winds
until the permanent installa.tion of the materials.
(fl It sha11 be the joint responsibility of the owner and general contractor to
remove, secure, or to see to the removal or securing of all construction ma.terials 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 the Code of Ordinances or otherwise by law, the Village may take
whatever emergency action it deems necessary to secure, store or remove a.11 loose
construction materials and debris including ,but not limited to, roof tiles and roofing
materials. In such circumstances, the Village sha.11 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 or contractors. Should the bill
for such services remain unpaid for a period of thirty (30) days or more, the Village
ma.y 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 #he 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.
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.
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Section 4. Codification. This Ordinance sha.11 be codified and ma.de a part of the official
Code of Ordinaxices of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall 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
C:1Corel\ConstructionSiteMaintenance.wpd
May 3, 2001
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