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ORDINANCE NO. 0-05-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY
CODE CHAPTER 26 TO REQUIRE THAT CONSTRUCTION SITES BE
SECURED UPON ISSUANCE OF A HURRICANE WATCH OR WARNING;
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, windborne debris is a major source of damage during a hurricane; and
WHEREAS, construction sites by their very nature contain loose materials and partially-
built structures that could threaten the safety of adjoining properties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a section 26-8, which said section shall read as follows:
Sec. 26-8. Securing site during hurricane watch.
Within 24 hours of issuance of an official hurricane watch or warning
within the city limits, all contractors are required to secure construction sites
under their control by:
a. removing all loose materials susceptible to becoming airborne
during a storm;
b. taking reasonable measures to secure any structures or partially
completed structures against wind intrusion; and
c. restoring normal drainage flow through any swales on the site, or
adjacent swales impacted by construction.
The City Manager is authorized to promulgate, subject to council override by
resolution, reasonable regulations having the legal effect of law to establish
reasonable standards hereunder for securing a construction site.
Violations hereof shall subject the contractor to penalties ranging from a
fine of up to $1000 per site, suspension of a contractor license for up to six
(6) months, or both. Actions for enforcement hereof shall be heard
exclusively by the City Construction Board. Prior warning is not a condition
precedent to the bringing of an enforcement action hereunder, and lack of
actual notice of the existence of a hurricane watch or warning shall not be
considered a defense in an action for enforcement.
Section 2. CONFLICT. All code provisions in conflict herewith are repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 4.
EFFECTIVE DATE. This Ordinance shall be effective upon passage.
The foregoing Ordinance was moved for adoption by Council member N e!?; 1 i a
The motion was seconded by Councilmember Coy and, upon being put to a
vote, the vote was as follows:
Mayor Nathan McCollum aye
Vice-Mayor Brian Burkeen a b s en t
Councilmember Lisanne Monier aye
Councilmember Andrea Coy a y e
Council member Sal Neglia aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of July,
2005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
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,
By:
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich Stringer, City Attorney