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HomeMy Public PortalAbout1993-03 Requiring Construction Debris to be either stored or removed from construction areasORDINANCE NO. 93-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUIRING ALL PERSONS ENGAGING IN CONSTRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CONSTRUCTION DEBRIS; REQUIRING CONSTRUCTION DEBRIS TO BE EITHER STORED IN ON - SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5:00 P.M. DAILY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Village seeks to prevent the accumulation of loose construction debris in order to maintain construction and demolition areas in a clean, neat and sanitary condition; and WHEREAS, this Council has concluded that all persons engaging in construction or demolition should be responsible for keeping construction and demolition areas free of construction debris in order to adequately protect the health, safety and welfare of the citizens of the Village of Key Biscayne; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new section which shall read as follows: Sec. 1. Definitions. "Construction Debris" shall mean loose paper or cardboard, waste or scrap building materials, or other litter which is generated by construction or demolition activities. "On -site Receptacle" shall mean a portable container or bin designed to be a depository for Construction Debris. "Persons" shall mean owners or lessees of real property, their contractors, subcontractors and agents. Sec. 2. On -Site Receptacles Required. All Persons engaging in construction or demolition projects with a cost in excess of $15,000, shall provide sufficient On -site Receptacles to maintain construction or demolition areas in a clean, neat, and sanitary condition free from Construction Debris. Sec. 3. Disposal of Construction Debris. All Construction Debris shall be either stored in On -Site Receptacles for later disposal or shall be removed from construction or demolition areas by 5:00 p.m. daily. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. 2 PASSED AND ADOPTED on first reading this 12th day of January , 1993. PASSED AND ADOPTED on second reading this 26th day of January , 1993. RAFAEL V. CONTE, MAYOR ATTEST: VILLAGES -CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI IARD JAY WEISS, VILLAGE ATTORNEY \keybisca\ord\debris 103.001 3 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING JANUARY 26, 1993 tae X . X . X Court, was published in said newspaper in the issues of January 15 , 1993 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dad nty, Florida, for a period of one year next preceding the first p blication of the attached copy of advertisement; and affi t fur er says that she has neither paid nor promised any per n, fi or corporation any discount, rebate, commission or r un ' for the purpose of securing this advertisement for publ a • n in th = = aid newspaper. 15th ,day of (SEAL) Sookie Wil 4•01 • • Sworn to and subscribed before me this Jan , A.D. 199.3.... OFFICIAL Nt7 ARY SEAL-----.• AGNLS E. PENA NrilliteWPODI.M9MBErliilE FLORIDA COMMISSION No. CC. I721CS MY COMMISSION EXP. IAN. 6,19% VILLAGE OF KEY BISCAYNE, FLORIDA PUBLIC NOTICE Notice is hereby given that the following ordinance will be con- sidered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, January 26, 1993, at 7:00 p.m., at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUIRING ALL PERSONS ENGAGING IN CON- STRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CON- STRUCTION DEBRIS; REQUIRING CONSTRUCTION DEBRIS TO BE EITHER STORED IN ON -SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5:00 P.M. DAILY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the ordinance may be obtained at the Key Biscayne Village Offices, Office of the Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Any person wishing to appeal any decision by the Village Coun- cil with respect to any matter considered at this meeting will need a record of the proceeding, and for such purposes, may need to ensure that a verbatim record of the proceedings is made which record includes the -testimony and evidence upon which the appeal ;s made. Guido H. Inguanzo; Jr. Village Clerk 1/15 93-4-011518M