Attention: Contractors
Please see the proposed ordinance for your perusal. The City of Marco Island Building Division’s staff is looking forward to your participation and comments on Thursday.
The meeting information is as follows:
When: Thursday, February 23, 2006
Time: 1:30 p.m.
Location: Marco Island City Hall (Conference Room on the 1st floor)
50 Bald Eagle Dr.
Marco Island, FL 34145
CITY OF MARCO ISLAND
ORDINANCE NO. 06 - __
AN ORDINANCE OF THE CITY OF MARCO ISLAND, Florida, regarding construction site maintenance; providing for the maintenance of construction sites AND PRIVATE PROPERTY during weather emergencies; providing for notices of violation, stop work orders, and appeals to the BOARD OF ADJUSTMENTS AND APPEALS; removal and securing of construction materials during weather emergencies; PROVIDING FOR INCORPORATION, CONFLICT, AND SEVERABILITY; PROVIDING FOR PENALTIES, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Marco Island City Council has determined that construction sites throughout the City should be maintained in a orderly manner, and
WHEREAS, the City believes adequate enforcement mechanisms and procedures to sufficiently protect the health, welfare, and safety of the residents and visitors of the city from such construction activities should exist; and
WHEREAS, the City Council finds that construction related activities affect the appearance of the City, and the health, welfare, and safety of the residents and visitors of the City; and
WHEREAS, the City is geographically located in an area vulnerable to the threat of hurricanes; and
WHEREAS, unsecured roof tiles, other construction materials, and debris can pose a threat to the health, welfare, and safety of individuals and property in the event of and during the course of a hurricane.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF MARCO ISLAND, FLORIDA:
SECTION ONE. TITLE
This ordinance shall be referred to as the Marco Island Construction Site Maintenance Ordinance.
SECTION TWO. WEATHER EMERGENCIES
a) When the National Weather Service, National Hurricane Center or appropriate weather agency declares a hurricane warning for any portion of the county, all construction materials, including roof tiles; debris on all building and construction sites; furniture, and lawn equipment, etc. not secured by a fence within the city shall be secured, stored or removed so as not to create a safety hazard because of hurricane force winds.
b) Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of a hurricane 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 wind.
c) Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon issuance of a hurricane warning. However, if such installation cannot be completed in a timely manner, 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 becoming airborne during a tropical storm or hurricane; or
(2) Remove the construction materials from the top of the structure and mechanically tie them to the ground; or
(3) Remove the construction materials from the job site; or
(4) Store the construction materials inside a protected structure.
d) Interiors of structures shall be secured to prevent materials from becoming airborne.
e) Debris stored in commercial containers shall be properly secured.
f) Commercial containers and portable toilets must be removed from the site or mechanically tied to the ground.
g) Dirt, sand, and stone on the site shall be located away from canals, right of ways, adjoining properties, swales, culverts, and inlet grates.
h) 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 hurricane warning.
i) In the event of a violation of this section, in addition to all other remedies provided in this code or otherwise by law, the city 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 city shall bill the property owner or his/her agent for all charges and expenses incurred to eliminate these potentially unsafe conditions by any means necessary. 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 city to utilize a competitive bid
process to select a contractor. A notice of violation shall be posted at the job site and mailed to the property owner or contractor. The written notice shall constitute a stop work and shall remain in effect until the bill is paid. Upon receipt of payment, the building official or his designee shall allow resumption of work. If the bill for such services remains unpaid for a period of 30 days or more, the city may record a claim of lien encumbering the property and thereafter proceed according to law to enforce the lien.
j) The owner of the property and the contractor shall be jointly and severally responsible for compliance with the provisions of this section.
k) The owner or contractor, personally or through their agent or representative, shall have the right to appeal the decision of the city ordering the cessation of all work and to appear before the Board of Adjustments and Appeals at a specified time and place to show cause why they should not be responsible for weather emergency code compliance.
SECTION THREE: CONSTRUCTION SITE MAINTENANCE
a) Construction site maintenance will consist of the following:
1. All construction sites shall be maintained in the following manner: control debris, paper, construction material waste, scrap construction material, and other trash on the construction site in a commercial container.
2. All materials associated with the construction site, including equipment, shall be stored within the site. The storage of material shall not obstruct access to the structure under construction on create a public safety hazard.
3. All loading or unloading of materials and/or equipment is limited to the construction site and right-of-way.
4. A silt fence shall be maintained at all times.
5. The site must be cleared of all debris at the conclusion of each work day.
6. Damage to any landscaping on an abutting or adjacent property as a result of construction activities shall be replaced and restored at the contractor’s expense to its original condition.
7. Materials shall not be stored in the right of way.
b) A notice of violation shall be posted at the job site and mailed to the property owner or contractor. The written notice shall constitute a stop work and shall remain in effect until the bill is paid. Upon receipt of payment, the building official or his designee shall allow resumption of work. If the bill for such services remains unpaid for a period of 30 days or more, the city may record a claim of lien encumbering the property and thereafter proceed according to law to enforce the lien.
SECTION FOUR: INCORPORATION, CONFLICT, AND SEVERABILITY.
If any word, clause, sentence, section or part thereof contained in this Ordinance is declared to be unconstitutional, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the ordinance.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption by the Marco Island City Council.
Passed in open and regular session through roll call vote by the City Council of the City of Marco Island, Florida, this ______ day of _____________, 2006.
Attest: CITY OF MARCO ISLAND, FLORIDA
______________________________ BY:___________________________
Laura Litzan Vickie Kelber, Chairwoman
City Clerk
Approved as to form and
legal sufficiency:
____________________________
Richard Yovanovich, Esquire
City Attorney
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