HomeMy WebLinkAboutO-12930City of Miami
Legislation
Ordinance: 12930
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00766 Final Action Date: 7/10/2007
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/EXTERIOR FACADE CODE/CONDITIONS OF
NONRESIDENTIAL/COMMERCIAL PROPERTIES," MORE PARTICULARLY BY
AMENDING SECTION 10-23 TO ADD A PROVISION REGARDING TEMPORARY
FENCING TO SECURE CONSTRUCTION SITES; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami is desirous in promoting public health, safety and general welfare
by minimizing public and private losses arising as a result of unauthorized access to construction
sites, or from the dust, noise or unsecured materials therein; and
WHEREAS, the City Commission has directed staff to create an ordinance to promote safety of
the areas surrounding construction sites;
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 by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article II/Section 10-23 of the Code of the City of Miami, Florida, as
amended, entitled " Buildings/Exterior Facade Code/Conditions of nonresidential/commercial
properties," is amended in the following particulars:{1}
CHAPTER 10
BUILDINGS
ARTICLE II. EXTERIOR FACADE CODE
Sec. 10-23. Conditions of nonresidential/commercial properties.
The exterior of all commercial property shall be maintained so as to prevent deterioration or blight
from inadequate maintenance.
City of Miami
Page 1 of 3 File Id: 07-00766 (Version: 21 Printed On: 4/4/2017
File Number: 07-00766 Enactment Number: 12930
(1) All exterior building surfaces shall be free of chipping, pitting, cracking, peeling, fading or
discoloration.
(7) Construction sites shall provide temporary fencing to secure the site during construction and
non -construction hours to mitigate the effects of vagrant activity, noise and dust upon the surrounding
community.
'Construction sites' shall include all sites where demolition (except City Unsafe Structures
demolitions), new construction take place, other than just interior work which is not visible to the
exterior of the premises. This shall not include affordable housing residential units as defined by the
United States Department of Housing and Urban Development for rental projects and the City of
Miami First -Time Homebuyer Program using the area media income as published annually by the
Florida Housing Finance Corporation for homeownership projects.
'Secure,' as applied to site access, includes protecting the construction site, during construction and
non -construction hours by way of a locked fence surrounding the perimeter of the site. These sites
must also have posted and visible 'No Trespassing' signs.
a. If any commercial property is vacant for more than 15 days, all glass surfaces visible to the
public shall be kept clean and the interior of such vacant store shall be screened from public view in
one of the following ways until the property is occupied:
b. All glass surfaces visible to the public shall be covered with white 60-pound weight paper.
c. Decorative displays of merchandise currently available within the city, merchandise of the
future tenant of the vacant store, public service displays or festival and current holiday displays
extending as much as three feet into the vacant store shall be located in display windows, provided
that screening of the remainder of the vacant store shall be placed immediately behind the decorative
display. All sidewalk overhangs attached to commercial buildings shall be structurally sound and free
of rust, discoloration, peeling, chipping, cracking, fading, sagging or dirt. All lettering or signage on
overhangs shall conform to the requirements provided in subsection (2) above.
(8) Signage.
A sign shall be placed on the construction site with the following language:
"This area is a designated construction site. Anyone who trespasses on this property commits a third
degree felony pursuant to Florida Statutes 8-10.09."
*I1
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 File Id: 07-00766 (Version: 21 Printed On: 4/4/2017
File Number: 07-00766 Enactment Number: 12930
Footnotes:
{1} 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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 3 of 3 File Id: 07-00766 (Version: 21 Printed On: 4/4/2017