Miami-Dade Legislative Item
File Number: 052853
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File Number: 052853 File Type: Ordinance Status: Adopted
Version: 0 Reference: 06-7 Control: County Commission
File Name: ORDINANCE AMENDING SEC 8-16 RELATING TO HURRICANE INSPECTION Introduced: 10/5/2005
Requester: NONE Cost: Final Action: 1/24/2006
Agenda Date: 1/24/2006 Agenda Item Number: 7A
Notes: Title: ORDINANCE AMENDING SECTION 8-16 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO LOWER THE THRESHOLD EVENT FOR THE DUTY TO SECURE OR PROPERLY STORE LOOSE PROPERTY INCLUDING CONSTRUCTION MATERIALS FROM A HURRICANE WATCH TO A TROPICAL STORM WARNING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: HURRICANE
Sponsors: Sally A. Heyman, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2006 7A Adopted P

Community Outreach, Safety & Healthcare Admin Cmte 12/14/2005 2E Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Daron Fitch read the foregoing proposed ordinance into the record. Commissioner Diaz expressed concern that when the National Weather Service issued severe weather advisories, tropical storm warnings were issued too early to facilitate the securing or storage of loose property. In response to Commissioner Diaz’s concern about the trigger for securing or storing loose property, Assistant County Attorney Eric Rodriguez clarified that tropical storm warnings were more imminent than tropical storm watches. Hearing no other questions, the Committee proceeded to vote on this ordinance.

County Attorney 11/15/2005 Assigned Community Outreach, Safety & Healthcare Admin Cmte 12/14/2005

County Manager 11/14/2005 Referred Community Outreach, Safety & Healthcare Admin Cmte 12/14/2005

Community Outreach, Safety & Healthcare Admin Cmte 11/9/2005 2B Deferred 12/14/2005 P
REPORT: Assistant County Attorney Daron Fitch announced the deferral of the foregoing proposed ordinance to the Committee meeting scheduled for December 14, 2005 at 2:00 p.m.

Board of County Commissioners 10/18/2005 Scheduled for a public hearing Community Outreach, Safety & Healthcare Admin Cmte 11/9/2005

Board of County Commissioners 10/18/2005 4H Adopted on first reading 11/9/2005 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Community Outreach, Safety & Healthcare Administration Committee on November 9, 2005 at 2:00 p.m.

County Attorney 10/5/2005 Referred Community Outreach, Safety & Healthcare Admin Cmte 11/9/2005

County Attorney 10/5/2005 Assigned Eric A. Rodriguez 10/5/2005

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 8-16 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO LOWER THE THRESHOLD EVENT FOR THE DUTY TO SECURE OR PROPERLY STORE LOOSE PROPERTY INCLUDING CONSTRUCTION MATERIALS FROM A HURRICANE WATCH TO A TROPICAL STORM WARNING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 8 of the Miami-Dade County Code is hereby amended to read as follows:1
Sec. 8-16. Special Hurricane Inspections.
(a) During such periods of time as [[are designated by]] the National Weather Service >>h<>issued a severe weather advisory that is in effect for Miami-Dade County, best efforts must be used so that<< all furniture, display racks, material and similar loose objects in exposed outdoor locations, >>including loose material of projects under construction,<< [[shall be lashed]] are secured or otherwise appropriately braced to rigid construction or stored in buildings >>to the extent practicable given the conditions<<. Orders shall be oral or written and shall be given to any person on the premises most logically responsible for maintenance and such orders shall be carried out before winds of [[hurricane]] >>tropical storm<< velocity are anticipated.

(b) After winds of [[hurricane]] >>the<< velocity >>associated with a severe weather event<< are experienced and have subsided, the Building Official shall investigate to determine if damage has occurred to buildings or other structures.

(c) No building or other structure or assembly or part thereof, which was damaged or collapsed or out of plumb or line shall be repaired or altered or otherwise returned to its original position without inspection and approval by the Building Official.

>>(d) For the purposes of this section, "severe weather advisory" shall be defined as any one of the following: a tropical storm warning, a hurricane watch, or a hurricane warning and the term "severe weather event" shall be defined as a tropical storm or hurricane.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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