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Home My Public Portal About2001-09 Amending the Village Code Buildings and Building Regulations re Construction DebrisORDINANCE NO. 2001-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY AMENDING PARAGRAPH (A) "DEFINITIONS," TO CREATE DEFINITION FOR "CONVENIENCE EQUIPMENT," AND BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES AND CONVENIENCE EQUIPMENT," PROVIDING REQUIREMENTS THAT ON -SITE RECEPTACLES USED FOR THE DEPOSIT OF CONSTRUCTION DEBRIS, AND CONVENIENCE EQUIPMENT USED AT CONSTRUCTION OR DEMOLITION SITES, BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES OR CONVENIENCE EQUIPMENT, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Chapter 6 "Buildings and Building Regulations," at Section 6-2 "Construction Debris" by amending paragraph (a) "Definitions" and creating paragraph (d) "Condition of On -Site Receptacles and Convenience Equipment," to read as follows:' Section 6-2. Construction Debris. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Construction Debris means loose paper or cardboard, waste or scrap building materials, or other litter which is generated by construction or demolition activities. Convenience Equipment means: storage cabinets. containers, bins: portable toilets: vehicles: or similar equipment utilized for the convenience of construction or demolition activities. On -Site Receptacle means a portable container or bin designed to be a depository for Construction Debris. 1 / Additions to existing text are indicated by underline. Persons means owners or lessees of real property, their contractors, subcontractors and agents. (b) On -Site Receptacles required. All Persons engaging in construction or demolition projects with a cost in excess of $15,000.00 shall provide sufficient On -Site Receptacles to maintain construction or demolition areas in a clean, neat and sanitary condition free from Construction Debris. (c) 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. (d) Condition of On -Site Receptacles and Convenience Equipment. (i) No Person shall install. place. or deliver an On -Site Receptacle or Convenience Equipment to any parcel within the Village. which On - Site Receptacle or Convenience Equipment is visible from a public right-of-way or from any adjoining residential parcel. unless the exterior of such On -Site Receptacle or Convenience Equipment is properly maintained in a clean and presentable condition and in a manner free from graffiti or similar markings. (ii) Any Person who maintains or utilizes an On -Site Receptacle or Convenience Equipment shall maintain the exterior thereof in a clean and presentable condition. free from graffiti or similar markings. and shall promptly remove any such graffiti or similar markings within one day from the date of the appearance of such graffiti or similar markings. 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. 2 Section 4. Penalty. Any person who violates any provision of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Village Code Section 2-31, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5, Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 10th day of July , 2001. PASSED AND ADOPTED on second reading this 9th day of October , 2001. idffr,e CHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN u\A ti4N RICHARD JAY WEISS, VILLAGE ATTORNEY 103001 \ordinances\on-site receptacles MAYOR JOE I. RASCO 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE AMENDING VILLAGE CODE BY AMENDING CHAPTER 6, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/16/2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, r ate, co or refund for the purpose of securing Is adve i ement fqr publication in the said newspap 16 Sw• n to . d subscribligaa'resrne this da of Uo S .D. 2 01 (SEAL) O.V. FERBEYRE personally k VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, August 28, 2001 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: 4: ;'; MARIA I. MESA MY COMMISSION # CC 885640 EXPIRES: March 4, 2004 ...147:4:0, Bonded Thru Notary Public Underwriters AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6'BUILDINGS AND BUILDING REGULATIONS` BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY CREATING PARAGRAPH (D) 'CONDITION OF ON -SITE RE- CEPTACLES,' PROVIDING FOR REQUIREMENT THAT ON - SITE RECEPTACLES USED FOR THE DEPOSIT OF CON- STRUCTION DEBRIS BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OR SUCH ON -SITE RE- CEPTACLES, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding. Should any person desire to appeal any decision of the Village.Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 8/16 01-4-55/189524M affiant further sa any person, fir mission or r ment for p day of (SEAL) MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE AMENDING CHAPTER 6, ETC. OCTOBER 9, 2001 in the XXXXX Court, was published in said newspaper in the issues of Sep 7, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and that she or cor Octelma V. Ferbeyre 'ther paid nor promised discount, rebate, com- ecuring this advertise - paper. nd subscribed before me this em•er 2001 A.D �; trii.4•,, MARIA I. MESA :. * r•► . MY COMMISSION # CC 885640 Find _ �X ,„,, - 3 • • • e � X�1'T'Nf�Not ry Prubli cUnderwriters - NO - hel y iiVe4:24t the foil4thg ordinan wiU`be tif18id port SeconI Readin by the V.11lape Could the Village of Kay at a tirp�Pfie on Tuesday, October 9, 2001 at 7:00,pirF. ,85 West McIntyre Street, Secondlicor, Key yne, to Al 0liaibieN- FLORIDA, CHAPTER B BY AMENDING AMENDING PARAG DEFINITION FOR CRE'A . G P CEPt V IFS IS1OL OT PL Ii REC PTACLOX OR mA THig E OR;1S O DING FOR1i�l:t�l ', P OIRDE;,PRO FO EN ;FECTIV,E DATE,- " -TO EQUIPMENT, ,.AND , E B . CONVENIENCE E 1 ," PF VI[ ;', T -ON -SITE REC S_USED: - e S C1 DE ILS ND ICON- �r CONSTI TIO,[� :. OR SO Tilkt GRAMTI OR OF SUCH ON EXIT AND „ MAIN PRO-. - IRfiFO U VI �'b Er- I �rnnon� f+ - }; The'Pr Posed Ordinano0m4y bP irlpeetect by the public at the Office`of ' the V Ier15. Interested panes may appear at tile -Public Hearing aid be he h respect to theocposed Ordnance. Any person wishing to addres41 Vie Council*,any item* his Public Hearing is asked to -4 register h the Village Clerk prior to th t,item, being heard. I rat ,Duna l,ith the Arectsarts With 1 lsi�bilit�es Act of 1990, all per- atcommodatiorts to partici should coated the O iit Suite 203, Bl , not late(than'P bj tS sons wlloiare d��d who need pate in I proce0ding because of that of thed/ gel, ic,_91 West McIntyre Si( Florida 149; telephone numb x:1305} $6 nesslays prior4o such�proceeding• S anyiter.sofnl desks any e(t of the with-►etpect to any matter. t bie shalt' that etrerbatiirdoTthe tes and, .44*in vtfhl,h. an ,.286.0 )- ,, 'e:'.. , • "i-t - , 4 '., M l;' Cort�aents oll anyitt estfd pall f this i ted'tn votrtting and (FAHesentediepperson at the T ,ConchiteXt Villaige Clerk s is mac maKl,bel bated• 1 t mit- . i 4rzt - 4,1'-449L2o ' 7t M