HomeMy WebLinkAboutO-00-02ORDINANCE NO. O-00~02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 26 TO REGULATE FACILITIES AT CONSTRUCTION
SITE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, portable sanitary facilities at construction sites being located in the swales of the
right-of-way where problems arise such as blocking drainage, their being overturned and spilling, and
they migrate at times into the roadways; and
WHEREAS, sanitary conditions at construction sites can also be furthered by requiring trash
receptacles to be on site;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida is hereby amended
by adding a section to be numbered 26-3, which said section shall read as follows:
Sec. 26-3. Location of portable sanitary facilities.
It shall be a condition of every building permit that any temporary sanitary
facilities, such as portable toilets, located at the construction site shall not be
placed within a public right-of-way, or within ten (10) feet of a waterway or
drainage improvement.
Section 2. That the (7ode of Ordinances, City of Sebastian, Florida is hereby amended
by adding a section to be numbered 26-4, which said section shall read as follows:
Sec. 26-4. Trash receptacle required at site.
It shall be a condition of every building permit that enclosed containers be
located at the construction site sufficient for the storage and collection of loose
debris, paper, building waste or other trash produced by those working on the
site. In no event shall said trash receptacles be located with the right-of-way or
drainage improvements. The number of containers required at the work site,
and the frequency of disposal thereof shall be determined in the sound
discretion of the building inspector, based upon the volume of refuse produced.
Construction materials or other debris cast or scattered upon any adjacent
public or private property as a result of construction activities shall be removed
by the contractor not later than the end of each work day, or earlier if said
materials cause a nuisance
CONFLICT. All ordinances or parts of ordinances in conflict herewith
Section 3.
are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE.
following its adoption by the City Council.
This Ordinance shall take effect fifteen (15) days
moved
The foregoing Ordinance was
~~,~d The motion was seconded by Councilmember
for adoption by Councilmember
/¢/~.~t 4~.c/?/~ and,
upon being put to a vote, the vote was as follows:
Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Walter Barnes
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this 9th
day of February, 2000.
CITY OF SEBASTIAN, FLORIDA
By:
K'athryn ~. O~Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
ch Stnnger, C~ty Att y