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Home My WebLink AboutO-13935City of Miami l i , J'f Legislation Ordinance: 13935 File Number: 8024 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/22/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," TO ESTABLISH A NEW SECTION 10-9 OF THE CITY CODE, TITLED "FAILURE TO ACQUIRE REQUIRED PERMIT(S); SECURING OF CONSTRUCTION SITES WHEN UNDER EMERGENCY WEATHER WARNING(S) OR WATCH(ES)-1 ENVIRONMENTAL VIOLATIONS; STOP WORK ORDER; PENALTIES," PROVIDING THAT COMPLIANCE WITH THE CITY CODE, IN GENERAL, IS A REQUIREMENT OF ANY CITY OF MIAMI ("CITY") ISSUED BUILDING PERMIT; PROVIDING FOR THE REQUIREMENT OF ALL CONSTRUCTION SITES TO COMPLY WITH PRE -NATURAL DISASTER SITE SECURE MANDATES, STORMWATER POLLUTION DISCHARGE ELIMINATION, AND EROSION CONTROL; PROVIDING FOR ENFORCEMENT PURSUANT TO CHAPTER 2/ARTICLE X AND OTHER EXISTING SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, during the approach of Hurricane Laura to the State of Florida, the City of Miami's ("City") Building Department contacted all construction sites to secure the construction areas for the possible storm; and WHEREAS, although many sites complied, there were many which did not and had Hurricane Laura come ashore near or in the City, there would have been unnecessary damage both structurally and environmentally to the surrounding areas and public stormwater infrastructure, Biscayne Bay ("Bay"), and the Miami River; and WHEREAS, there have recently been large fish kills in the Bay and it is believed that the health of the Bay may be at a critical tipping point; and WHEREAS, the Bay is being negatively impacted by multiple factors including but not limited to numerous failing residential septic tanks in Miami -Dade County, failing sewer infrastructure, excessive nutrient loads caused by fertilizer runoff, and high pollutant loads due to debris, trash, silt, and construction sediment entering the City's stormwater system, discharging into the Bay, covering the sea grass, stopping photosynthesis, and depleting oxygen levels in the Bay; and WHEREAS, the City is a Stormwater Utility operating under permit by the Florida Department of Environmental Protection; and City of Miami Page 1 of 4 File ID: 8024 (Revision:) Printed On: 111612020 File ID: 8024 Enactment Number: 13935 WHEREAS, construction sites are required to ensure that there is no run-off coming from their properties into the stormwater system drains in the City; and WHEREAS, multiple construction sites have been found responsible for discharging silted water and concrete material washout into the public stormwater infrastructure, the Bay, and the Miami River; and WHEREAS, all too often, storm drains are not properly protected, storm drain protections put in place are not maintained, or sites are allowing an accumulation of debris which, during rain storms, can cause the unwanted run-off to enter the stormwater system and discharge into the Bay and the Miami River; and WHEREAS, work without permits has occurred throughout the City, which is a concern to the safety and well-being of the residents and visitors of the City; and WHEREAS, the Building, Code Compliance, and Resilience and Public Works Departments have always worked together to strictly enforce the requirements of their respective sections of the Code of the City of Miami, Florida, as amended ("City Code"), providing a method by which each Department can assist the other in furthering their efforts to enforce the City Code will creating a more effective compliance effort; and WHEREAS, in an effort to clamp down on these violators, it is in the best interest of the City, its businesses, and residents to provide a clear provision and enforcement guide for such violations; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote, deemed this Ordinance to be of an emergency nature upon passing it on First Reading at the October 8, 2020 City Commission meeting; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the City Code is further amended in the follow particulars:' "CHAPTER 10 BUILDINGS ARTICLE I. IN GENERAL Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 8024 (Revision:) Printed on: 111612020 File ID: 8024 Enactment Number: 13935 Sec. 10-9— I Q-20. Reserved Failure to Acquire Required Permit(s); Securing of Constructions Sites When Under Emergency Weather Warning(s) or Watch(es); Environmental Violations; Stop Work Order; Penalties. a. StoD Work Order 1. A Stop Work Order shall be issued by the Building Official when the Building Official or Designee or a City Department Director or Designee recommends same based upon violations of the City Code, the Miami 21 Code, or any other law. This may include, but is not limited to, work without a permit, work done contrary to approved plans, and work that is being conducted in a dangerous or unsafe manner. Permit Holders: 1. It is a condition of every permit issued by the City that the Permit site be maintained free from any violations of the City Code. 2. All City Permit holders are required to secure their construction sites when an emergency warning or watch as is relates to weather phenomena or any other warning or watch for which an unsecured construction site could become detrimental to the health, safety, and welfare of the community has been declared affecting the City. 3. All City Permit holders are required to secure the construction sites and surrounding areas as required by the Department of Resilience and Public Works from actions including, but not limited to, soil erosion, discharge of water or sediments into the storm drains or waterways, discharge of waste water from excavations into the storm drains or waterways, and discharge of oils or oil compounds into the storm drains or waterways. c. Penalties. Violator(s) are subject to any or all of the following: 1. A Stop Work Order shall be issued by the Building Official until such time as the violation has been remedied. 2. Enforcement pursuant to Chapter 2, Article X of the City Code wherein each violation shall carry with it a ticketed fine of up to $500.00, or as determined by the City Manager, plus costs as determined by the City Manager for each day the permitted property is in violation and/or may also be issued a notice of violation pursuant to Chapter 2, Article X of the City Code for further action. 3. No Permit application will be approved unless the applicant and/or owner have no open cases or pending fines, debts, or delinquencies related to City Code violations unless the open cases will be cured by the provided plans submitted for Permit. 4. Enforcement by one method does not preclude enforcement by any other means allowable by law. 5. Exemption. Governmental Departments, Agencies, or Entities are exempt from this Section; however, the exemption shall not apply to any independent contractor or vendor working on their behalf. Sec. 10-10 — 10-20. Reserved." Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 3 of 4 File ID: 8024 (Revision:) Printed on: 111612020 File ID: 8024 Enactment Number: 13935 Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i " 4naindez, ity ttor ey 10/13/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 8024 (Revision:) Printed on: 111612020