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Item Q2Meeting Date: October 17, 2012 Division: Growth Management Bulls Item: Yes _ No X Department: Code Compliance Staff Contact Person/Phone #: Ronda Norman X2520 AGENDA ITEM WORDING: Public hearing to consider an ordinance amending Monroe County Code Section 6-33, to clarify storage and removal of construction materials and debris on construction sites and to provide for a requirement to remove or secure construction materials and/or debris during a tropical storm watch or warning or a hurricane watch or warning. ITEM BACKGROUND: Monroe County is in a hurricane prone area and the current Code does not require building materials or construction debris to be secured or removed from a construction site during a tropical storm watch or warning or a hurricane watch or warning. During hurricane season, Code Compliance receives many complaints from concerned citizens regarding the threat of materials and debris from construction sites becoming a potential hazard during a storm event. Building materials or construction debris not properly secured or stored could cause property damage or harm to the public health, safety, and welfare. Requiring these items to be removed or properly secured will ensure the public health, safety, and welfare of the citizens of the County. PREVIOUS RELEVANT BOCC ACTION: September 21, 2012 — BOCC approved permission to advertise ordinance. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: IND CT COST: BUDGETED: Yes No MIFFERENTL4L OF LOCAL PREFERENCE: SOURCE OF S• REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required, DISPOSITION: AGENDA ITEM # 1 1 1 HURRICANE WATCHES AND PROVIDING r SEVERABELITY;PROVIDING '1FOR THE REPEAL OF *RDINANCES INCONSISTENT HEREWITH; PROVIDING FOR 174CORPORATION INTOI 1 MONROE COUNWCODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, there is a danger to the public from unsecured building materials and debris at construction sites during tropical storms, and hurricanes, and potential for such materials to become airborne missiles during periods of extreme weather; and WHEREAS, it is deemed in the interest of public safety and welfare to prevent property damage to add to Sec. 6-33 of the Monroe County Code a provision requiring the securing or removing of debris and materials at construction sites during tropical storm watches and warnings, and hurricane watches and warnings; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that: SECTION 1. Section 6-33, Monroe County Code, shall be amended to read as follows: Changed portions are iIa ; new language is underlined.) Sec. 6-33. - Site debris. , fimpt sh—R11-be ]Kepi in sush a mamef as to pr-eyeM it 4em being spread by any ethef means-. (a) The contractor and/or owner of any active or inactive construction roroiect shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. (b) Construction iobsites must be kept clean, such that accumulation of construction debris must not remain on the pro 2a for a period of time exceeding 14 days. (c) All construction related debris and/or construction related materials, shall be kept in such a manner as to prevent it from being spread by any other means. (d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all construction related materials, including but not limited to, roof tiles, lumber, scaffolding and debris shall be removed from the construction site, or secured in such a manner as to minimize the danger of such materials causing_ projectile damage to persons or property due to a high wind event. This prohibition shall continue until the tropical storm watch or warning or hurricane watch or warning is lifted. SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the Mayor David Rice Mayor Pro Tem. Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk Lo Deputy Clerk day of 32012. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LM Mayor/Chairperson MQ PPROVE NTY 0 F RMEY U Date: 1., jiAT (-. BOARD OF COUNTY COMMISSIONERS , �• Mayor David Rice,District 4 • —r'` 1i•i� Mayor Pro Tern Kim Wigington,District 1 O UNTY oMON ROE _,.- '�' '-. George Neugent,District 2 KEY WEST FLORIDA 33040 '"', va , Heather Carruthers,District 3 (305)294-4641 fir:41! -:r; , — Sylvia J. Murphy,District 5 aily. , • � it MCC6-33 Due to the increasing complaints from the public and the public safety factor, MCC 6-33 is being amended to provide for an additional section of the code to address construction materials and debris during a tropical storm watch or hurricane watch. The original code only required construction materials on construction sites to be removed every 14 days. The amendments will require a clean and secured construction site during storm watches and continue to require removal of uncontained debris every fourteen days. If a construction site has construction materials which are not contained properly (i.e. in a dumpster) on site longer than 14 days, Code will attempt to contact the owner and contractor via phone/ email and give them time to coply. If we are unsuccessful in making contact via phone or'email we will send a Written Warning to both the contractor and property owner! If the warning method is unsuccessful in achieving compliance a Notice of Violation will be sent to the property owner and a Citation or Notice to Appear will be sent to the contractor. Contractor citations are either monetary or a Notice toAppear before the Contractors Board, depending on the license held by the contractor. Citations and/or fines for violating this code are applied as follows: State registered or Specialty contractors— first time offense - $500 Citation - either payable within 10 days or a request to appeal to the Contractors Board must be filed within 10 days or enter into a stipulated agreement State Certified contractors - issued a Notice to Appear before the Contractors Board or enter into a Stipulate agreement Second offenses of any violation within the jurisdiction of the Contractors Board are automatic Notice to Appear.