HomeMy WebLinkAboutAgenda Item Cover PageGORY of
AGENDA ITEM COVER PAGE
File ID: #7817
Losi9
Resolution
Sponsored by: Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell,
Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Keon
Hardemon
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO DETERMINE WHETHER ADDITIONAL ENFORCEMENT ACTIONS
OR PENALTIES CAN BE IMPOSED AGAINST CONSTRUCTION PERMIT HOLDERS
WHO VIOLATE THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
TO REPORT BACK TO THE CITY COMMISSION ON FINDINGS WITHIN NINETY (90)
DAYS.
of
.�f City of Miami City Hall
* INC IIf 1°AT10 * 3500 Pan American Drive
.r;<.
11 eA Legislation Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-20-0260
File Number: 7817 Final Action Date:9/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO DETERMINE WHETHER ADDITIONAL ENFORCEMENT ACTIONS
OR PENALTIES CAN BE IMPOSED AGAINST CONSTRUCTION PERMIT HOLDERS
WHO VIOLATE THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
TO REPORT BACK TO THE CITY COMMISSION ON FINDINGS WITHIN NINETY (90)
DAYS.
WHEREAS, there have been numerous complaints from City of Miami ("City") residents
and businesses regarding construction sites that have operated and permitted the operation of
tools and equipment used in construction prior to 6:00 A.M. in violation of Section 36-6 of the
Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the City Code presently provides that the penalty for such a violation is a
ticket in an amount no greater than $500.00 and/or a possible $250.00 per diem, or double that
amount for repeat offenders, if found in violation by the Code Enforcement Board; and
WHEREAS, some businesses seem to view such penalties as the costs of doing
business and continue to commit the same violation on a regular basis; and
WHEREAS, there have also been complaints regarding the disposal of waste water from
construction sites directly into the street which is then funneled into the storm drains and is
ejected directly into Biscayne Bay in violation of Section 49-4 of the City Code; and
WHEREAS, this type of environmental pollution is contributing to the downward spiral of
the health of Biscayne Bay and can also create expensive clogging of the drains that then have
to be cleaned by the City; and
WHEREAS, exploring the possibilities of further penalties is for the benefit of the health,
safety, and welfare of the residents of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the Preamble to this Resolution are
hereby adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to determine whether
additional enforcement actions or penalties can be imposed against construction permit holders
who violate the City Code by operating and permitting the operation of tools and equipment
used in construction prior to 6:00 A.M. and/or polluting storm drains with construction site water
waste and to report back his findings to the City Commission within ninety (90) days.
Section 3. The Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Vf ria i dez, ity ttor ey 8/28/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.