Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Mana ement
Bulk Item: Yes X No _ Department: Code Compliance
Staff Contact Person/Phone #: Ronda Norman X2520
AGENDA ITEM WORDING: Permission to advertise 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: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes _ No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR REORGANIZATION AND
AMENDMENT OF MONROE COUNTY CODE SECTION 6-33;
PROVIDING FOR STORAGE OR REMOVAL OF CONSTRUCTION
MATERIALS AND DEBRIS DURING TROPICAL STORM WARNINGS,
AND HURRICANE WATCHES AND WARNINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE 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 WA dam ; new language is underlined.)
Sec. 6-33. - Site debris.
,
must net remain en the pfepeAy fer- a period of
(a) The contractor and/or owner of any active or inactive construction project 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 -proRerty for a period of time exceedingl4 dates.
(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
day of , 2012.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LOW
Deputy Clerk Mayor/Chairperson
MON POROVELLINTY ATTORNEY
APPROVE 0 FORM
Date:—