ORDINANCE: NO. 2022-01  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER INLET COLONY,FLORIDA AMENDING CHAPTER 9. NUISANCES, SECTION 9-7 OF ITS CODE OF ORDINANCES BY DELETING THE CURRENT SECTION 9-7 HURRICANE WATCH; SECURING OF CONSTRUCTION SITES IN ITS ENTIRETY AND BY ADOPTING A NEW SECTONP/,TROPCALSTOAMPREPAREDMES: ECURINGOFCONSTRUCTIONSIES IN ORDER TO PROVIDE ADDITIONAL REGULATIONS PERTAINING TO THE SECURING OF CONSTRUCTION SITES IN THE EVENT OF A DECLARED TROPICAL STORM WATCH OR WARNING OR HURRICANE WATCH OR WARNING IN PALM BEACH COUNTY OR MARTIN COUNTY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND. AN EFFECTIVE DATE; AND FOR OTHER PURPOSES NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE SECTION1. Chapter 9. NUISANCES, Section 9-7. Hurricane watch; securing of construction sites oft the Code of Ordinances is hereby repealed in its entirety and a new Section 9-7. Tropical Storm Preparedness; Securing ofConstruction Sites is adopted as set forth below: (a) atheevemsanysemsinwtsishigPaamapenayPeRaywiihin-helowsame --*w-sAepe semiserwhechaind-halangemi-atiriwey-aurenr@Aowsefisumse ----a-ieww elisorolhe-iemslesadesuiwMpePaemwwéaNess oncintedisertiemefamcfhshalingeiapaadmginenemiefhghwindser #-------- maetialzgupmemk,deberatwispei-lipingephe)iehuildimgafieial my-haveseh-iems-emas-swéarwdirsiefaysselhweik-imlaing ongeles,meybeimpedsslmginawNwhich-le-cessinustien  TOWN OF. JUPITER INLET COLONY, FLORIDA, AS FOLLOWS:  -H-wt-wwgeestws.  hurrieane.  s-beingperformed  Section 9-7. Tropical Storm Preparedness: Securing ofConstruction Sites  (a) When the National Weather Service, National Hurricane Center or appropriate weather agency shall declare a tropical storm watch or warning or a hurricane watch or warning for any portion of Palm Beach County or Martin County, Florida, all construction materials, including rooft tiles, and debris on all building and construction sites within the Town shall be secured, stored or removed SO as not to create a safety hazard because of  hurricane or tropical storm force winds.  (b) Media broadcasts or notices issued by the National Weather Service or National  Hurricane Center ofa tropical storm watch or warning or a hurricane watch or warning shall be deemed sufficient notice to the owner of real property upon which construction is occurring or any contractor responsible for said construction to secure, store or remove    loose construction debris and loose construction materials against the effects ofhigh  winds.  (c) Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon issuance ofa a tropical storm watch or warning or al hurricane watch or warning: provided. however, in the event such installation cannot be timely completed, then the property owner or contractor shall: (1) Band together the construction materials and mechanically fasten them to the top of the structure in such a manner sO as not to present a threat of their becoming (2) Remove the construction materials from the top oft the structure and mechanically tie  airborne during a tropical storm or hurricane:o or  down to the ground; or  (3) Remove the construction materials from thej jobsite:or (4) Store the construction materials inside a protected structure.  (d) Scaffolding, tools. materials and supplies located on the exterior ofas structure shall be (e) Ifpossible. structures shall be secured from potential water intrusion. Roofing, windows. doors and all exterior elements must by watertight ifa any materials inside the structure would be damaged by water intrusion. In the event the interior of a structure cannot be secured, all materials shall be removed or secured to prevent materials from becoming  removed or otherwise secured on site.  airborne.  (f) All trash and debris on a construction site shall be placed in a dumpster or other commercial container. Commercial containers, dumpsters and portable toilets must be  removed from the construction site or securely tied to the ground. (g) Silt erosion control fences shall be in place and piles of dirt, sand and stone shall be located away from streets, swales. inlet grates and adjoining properties. (h) Construction materials or debris shall remain secured, stored or removed from the property until the National Weather Service, National Hurricane Center or other appropriate weather agency has removed all portions of Palm Beach County and Martin County from those areas included in a tropical storm watch or warning ora a hurricane  watch or warning.  (i) From June 1t to November 30 of each calendar year, construction or roofing materials shall be loaded onaroofr no earlier than ten working days prior to the permanent  installation oft the materials.  () Its shall be thej joint responsibility oft the owner and general contractor to remove, secure or to see to the removal or securing of all construction materials and debris as set forth in  this Section.    (k) Int the event ofay violation oft this Section, in addition to all other remedies provided in the Code of Ordinances and otherwise by law, the Town may take whatever emergency action it deems necessary to secure, store or remove all loose construction materials and debris including, but not limited to, rooftiles and roofing materials. In such circumstances. the Town shall bill the property owner or his agent for all charges and expenses incurred whether incurred by the utilization of Town personnel and equipment or other outside contractors retained by the Town for such purposes. The securing of an outside contractor to perform these services shall be deemed to be the securingof emergency services and shall not require the Town to utilize a competitive bid process to select a contactor or contractors. Should the bill for such services remain unpaid fora period ofthirty (30) days or more. the Town may record a claim oflien encumbering the property and thereafter proceed according to law to enforce said lien. SECTION2. Specific authority is hereby granted to codify and incorporate this Ordinance SECTION3. That all Ordinances or parts or Ordinances, in conflict herewith, be and the SECTION4. Ifany clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity ofthe other provisions  into the existing Code of Ordinances ofthe Town of Jupiter Inlet Colony, Florida.  same are hereby repealed to the extent of such conflict.  ofthis Ordinance. adoption.  SECTION5. This Ordinance shall become effective immediately upon its passage and  FIRST READING this 11th day ofOctober, 2022.    SECOND READING and FINAL PASSAGE this 14th day ofNovember, 2022.  TOWN OF JUPITER INLET COLONY, FLORIDA  Mayor-DanielJ.C Comerford, III  ATTEST:  Vice-Mayor Milton J. Block  Town Clerk  Commissioner Lisa H. Hines  Commissioner Marie Rosner  Commissioner Richard D. Busto