§ 58-98. Permit requirements and restrictions.

(a)

Application for fill permit. Prior to the filling of any property, the owner or the owner's representative shall:

(1)

Make application, under oath, for a property fill permit, which application shall include, among other things, a map designating the area of the lake to be filled.

(2)

State the type of fill to be utilized.

(3)

Provide a title certificate or a statement by a member of the Florida Bar designating with specificity the name and address of the owner of the property to be filled.

(b)

Fencing. All properties requiring fill shall be fenced before filling of the land.

(c)

Dumping. No dumping signs shall be posted at all sites and shall be enforced except where and when authorized permits therefor are granted. The property owner or his designated representative shall obtain the required permit from the appropriate agency.

(d)

Security barrier. Unless waived by motion of the city council, the property owner or his designated representative, as registered at city hall, shall provide the necessary security for his property by means of a chainlink fence or appropriate barrier to prevent unauthorized dumping after any act of unauthorized dumping and upon notice from the building official or code compliance officer.

(e)

Dumping materials restricted. Only persons possessing written authorization from a property owner or his representative shall be authorized to dump materials as defined by the department of environmental resource management on any property within the city.

(f)

Unlawful dumping. In the event police or the building official or code compliance officer determines that an unlawful act of dumping has occurred in violation of this section or any other statute or code having jurisdiction within the city, the building official or code compliance officer shall issue a cease and desist notice to the property owner. All dumping activity shall terminate. A property owner shall have the right to appeal the entry of the order to the mayor and present argument and evidence indicating that the unauthorized or unlawful dumping did not occur. The property owner may enter into a performance bond conditioned upon construction of required fences and security necessary to prevent unauthorized dumping in the penal amount of $25,000.00. The bond in favor of the city shall remain in full force and effect until the property has been filled and graded. The decision of the mayor denying further dumping until compliance with this section shall be final and subject to appeal.

(g)

Permits to be obtained prior to landfill operations. The property owner or his designated representative shall obtain all required permits prior to any and all operations designed to fill lands for future construction. These shall include municipal, county, state, and federal permits as required for environmentally sensitive land areas.

(h)

Structure foundations. All structure foundations must be demucked in accordance with the South Florida Building Code.

(i)

Permitted fill material. Only clean fill, limited to crushed limerock, sand, dirt, concrete screenings, concrete debris, and other environmentally acceptable materials which comply with the South Florida Building Code will be permitted.

(1)

Concrete debris restrictions. When using concrete debris only solid concrete construction material will be allowed and shall not exceed 18 inches in diameter and will not exceed ten percent of the total fill area. Such concrete debris shall meet the above-stated specifications prior to being delivered and deposited on the site.

(2)

Areas of dedication. When filling of areas dedicated or proposed to be dedicated as public right-of-way or road purposes, such areas shall be filled in strict accordance with the requirements as set forth in section 30 of the Dade County Standard Road Specifications entitled "Excavation and embankment."

(3)

Organic materials. Organic materials (i.e., muck, silt, tree debris) shall be completely removed from the areas to be filled as required by the code prior to the addition of the permitted fill to the site.

(j)

Prohibited fill material. The following materials are not acceptable for use in the filling of land: petroleum products; roofing materials; lumber or wood; furniture; glass; aluminum; trees or parts of trees; cut vegetation; rubber; wire or cable; insulation materials; plastic materials; fabric materials; and trash and garbage.

(Code 1985, § 156.03; Ord. No. 93-12, § 1, 9-7-93; Ord. No. 94-06, § 1, 10-18-94)