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