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HomeMy WebLinkAboutLegislation 6-11-09'¢ City of Miami Legislation Ordinance File Number: 09-00555 City Hall 3500 Pan American Drive Miami, Fl- 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17, ENTITLED "ENVIRONMENTAL PRESERVATION," AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS; TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is in the process of developing and implementing a new computerized land management and electronic permitting system for information, permit applications and complete permit processing related to construction and street right-of-way use permits issued by the Public Works Department; and WHEREAS, the general public, companies, and agencies will enjoy direct access via the internet to gather routine information, apply for and receive permits, thereby, reducing the amount of paper documents and expediting the services provided by the Public Works Department; and WHEREAS, in order to properly implement and administer the new technology, certain sections of the Code of the City of Miami, Florida, as amended ("City Code") must be amended to update and identify requirements that will guide the general public through the electronic procedure, such as authority to review applications, disclosures, surety requirements, insurance, fees, penalties, billing, inspections and permit renewals; and WHEREAS, in response to increasingly dense land development and to rationally correlate the services made necessary by the construction and/or operation of private property upon the infrastructure and safety provided in the adjacent public right-of-way, the City Code must be amended to define, clarify and update the minimum and maximum limits of construction, maintenance and repair responsibility by property owners for roadway improvements; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation," is amended in the City of Miami Page I of 20 Printed On: 6/1612009 File Number 09-00555 following particulars: f 1} "Chapter 17 ENVIRONMENTAL PRESERVATION ARTICLE III. TREES AND SHRUBS ON PUBLIC PROPERTY Sec. 17-72. Permits --Required to prune, plant or remove from public land. It shall be unlawful for any person to trim or prune any tree, shrub or plant or to remove any tree, shrub or plant from any dedicated street, alley, highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway, alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the city without first applying for and obtaining a permit from the director of public works or his authorized representative, with the appFeyal of the G.t y FnanageF x * x x x Sec. 17-74. Same --Issuance; charges. The director of public works shall issue a written permit required by the two preceding sections after appFeval by the Gity ^,^^ager to any applicant, without charge, when it is determined that the action proposed is necessary or desirable and not contrary to any city master plan for trees, shrubs or plants, and will be performed in a workmanlike manner. Section 3. Chapter 54 of the City Code, entitled "Streets and Sidewalks," is amended in the following particulars: {1 } "Chapter 54 STREETS AND SIDEWALKS x x x x x ARTICLE 1. IN GENERAL City of Miand Page 2 of 20 Printed On: 6/16/2009 File Number.- 09-00555 Sec. 54-1. Definitions. The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this Code, except where the context clearly indicates a different meaning: Assembly permit means a permit as required by sections 54-6.2 or 38-74 of this Code. Director means the Director of Public Works. Engineerin.q Standards means the minimum standards pertaining to the design and construction of all public works constructed in the right-of-way. These standards are in book form entitled "Engineering Standards for Design and Construction" and present the latest engineering standards as an aid to both design and construction and are deemed as being incorporated by reference herein. Special Event Permit means a permit as required by sections 54-6.3 or 38-74 of this Code. Visibility Triangle means an area on private property and within the public right-of-way where any material obstruction to visibility is prohibited which would result in concealment of a child over two and one-half (2 %2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. The visibility triangle shall be measured in accordance with the City of Miami Zoning Ordinance and include the area bounded by the extension of the diagonal vision clearance line to the centerline of the intersecting streets and shall be required at all street intersections and applicable intersections of driveways with streets. Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees; waiver of fees. (a) Scope. No person shall perform or conduct work in the public rig ht -of -way,. such as digging, drilling, repaving, etc., which obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part of the public right-of-way in this city, or which impedes the general movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the police department, the public works department, and the fiFe FesGue off-street parking department-, the risk management department, the neighborhood enhancement team department, and the transportation office. After approval by the departments of police, public works, off-street parking, risk management, neighborhood enhancement team and firo,,,�-rem the transportation office, the city manager, or designee, shall issue a permit. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning and/or operating any type or manner of system, equipment, or device within the public rights-of-way, then both/all persons must Gemplete and filo +^nether a GiRt City of Miand Page 3 of 20 Printed On: 6/16/2009 File Number. 09-00555 appliGatiOR and all pePSORS must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/its interest/participation/representation in the permit application and/or to fulfill all city requirements for issuance of the permit shall result in a -R immediate revocation by the city, without the necessity of any further action or proceeding, of any permit previously granted resulting in such permit becoming null and void, or (b) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. (b) Conditions. Such permit shall set forth minimal reasonable conditions, as permitted by Law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un -repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth and/or any violations under applicable Law shall render such permit null and void, without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. (c) Indemnity, hold harmless and insurance; . It shall be a condition precedent to the issuance of any such permit that the applicant shall assume all civil liability for applicant's acts of omission or commission from all claims, suits or actions of any kind whatsoever arising out of or resulting from the closure, the issuance of the permit and/or the operations or activities of the permittee and shall, further, hold the city, its officials and employees harmless for any injuries or damages arising or resulting from the permitted work including any injuries or damages resulting from alleged negligent acts or omissions on the part of the city. The applicant shall insure that adequate safety precautions are in effect at all times during the term of the permit. Prior to the issuance of any such permit, the non-governmental applicant(s) shall submit to the city a certificate binder or policy of liability insurance for each non-governmental applicant (iRGIwdiRg ea agYeugreeMeRt) in an amount not less than One Million Dollars ($1,000,000.00) per pefsen occurrence, Two Million Dollars ($2,000,000.00) aggregate per-iRsident, and any endorsements thereto, which shall include the city as an additional insured. The certificate must also include coverage for all owned, hired and non -owned autos with a combined single limit of One Million Dollars ($1,000,000.00) also naming the city as an additional insured and must also contain coverage for worker's compensation and emplover's liability coverage as required by statute and which shall provide that said permit insurance perfermnnne hnnrt andeF letter of nrerli+ shall remain in full force and effect during the entire term of the permit and nnYi related nen+in, ling mainteRanne and reste-ratinn agreement. Additionally, all such permits and any related maintenanne and restoration agreementW for non-governmental applicant(s) shall be subject to annual review by the city's Risk Management Department Depa#meat and shall be required to update as necessary to protect the city any and all types and amounts of such insurance coverage(s), payment {-.nnrI(G), nerfarmanne bgRd(s)and ler letter gf sredit•(s). Additionally, prior to the issuance of any such permit, the governmental applicant(s) City of Miand Page 4 of 20 Printed On: 6/1612009 File Number 09-00555 shall submit to the city a certificate biRdeF 9F pGI y of liability insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as a limit Gf liab4ity set forth in F.S. § 768.28, and aRy ameRdMeRts eRdGFcomeRtG theFetG it ;A.411 re.ma;p iR fH!l f4GFGe and effeGt dUPORg the full term ef the permit and aRY Felated GGntiRWiRg It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right of way that the peFmit shall pFevide to the City's DepaFtment Gf Risk Management and Departrneinitt n -f. permit holder(s) is/are jointly and severably responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of facilities aR#ar Sec. 54-8. Using street or sidewalk for display purposes, exceptions..-; permit and fee. It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as hereinafter provided. (a) Except as provided in article III, displays approved by the city commission shall be no larger than 16 square feet, and no portion of any display or attachment thereto may be more than 84 inches from the ground. (b) Overhead horizontal banners at locations designated by the citv will reauire a permit from the department of public works prior to installation. The application for permit shall be submitted in writing by the applicant to the department of public works on a form provided by public works. A non-refundable processing fee in the amount of eighty dollars ($80.00) per banner shall accompany the application. A supplemental banner fee and a limited display duration period shall apply for overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to section 54-343 of this code. ARTICLE ll. CONSTRUCTION, EXCAVATION AND REPAIR Sec. 54-42. Excavations City of Miami Page 5 of 20 Printed On: 6/16/2009 File Number: 09-00555 (a) Permit required. When any person desires to disturb, cut into, dig up or excavate any public street or sidewalk, whether the same is paved or unpaved, or to cause the same to be done, application shall be made to the director of public works for permission therefor. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing in excavation of maintenance of owning and/or operating any type or manner of system, equipment, or device within the public rights-of-way, then both/all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/its interest/participation/representation in the permit application and/or to fulfill all city requirements for issuance of the permit shall result in (a) immediate revocation by the city of any Permit previously granted resulting in such permit becoming null and void or (b) issuance by the city of a written notice that such permit will not be granted as the case may be due to violation of this Provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and Personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un -repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth and/or any violations under applicable law shall render such permit automatically null and void without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, any continuing use of the public right-of-way by any such person(s) shall require all such persons to also enter into a continuing maintenance and restoration agreement or registration, as applicable by the city code a franchise agreement as applicable by the Florida Statutes, or the City Code, with the city, and to provide such continuing insurance and such continuing surety that may be required by the agreement or registration relating to such continuing maintenance and potential restoration. A permit application form will not be required to be submitted for multiple sanitary sewer laterals, water service laterals and/or water meters installed by the Miami -Dade Water and Sewer Department, if such multiple installations are bundled into a single written request for permit to the director of public works. Said request for multiple installations shall be submitted to the director of public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection (c) of this section. (b) Calculation of cost of restoration; fGFm of peFmg Upon compliance with the terms of subsection (a) of this section, the director of public works shall calculate the cost, whn^ the „, bliG ,•,^FUG .depaFtMeRt peFferm6 the weFk of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates: Per Square Foot Permanent paving (asphalt concrete and rock base) ... $ 2.75 Asphaltic concrete (only) ... 1.50 Stamed/color asphalt concrete (only) ... 4.00 Six-inch driveway paving (plain concrete) ... 5.00 City of Miand Page 6 of 20 Printed On: 6/16/2009 File Number 09-00555 Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50 Six-inch concrete sidewalk (plain concrete) ... 2.50 Four -inch concrete sidewalk (plain concrete) ... 2.00 Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50 Six-inch reinforced concrete protective slab ... 3.50 Backfill ... 1.00 Eight -inch rock base ... 1.25 Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ... 8.50 Solid sod ... 1.00 Per Linear Foot Curb ... $10.00 Valley gutter ... 12.00 Curb and gutter ... 12.00 Concrete encasement for sewer pipe ... 3.00 Swale trench ... 35.00 Exfiltration trench ... 70.00 Each Street furniture (benches, waste receptacles, bicycle racks, etc.) ... 250.00 Drainage structure (inlet, manhole, etc.) ... 2,000.00 Decorative illumination (fixture/pole/mounting) ... 5,000.00 ... ■_. O.IMPIRMIN�. MON. City of Miand Page 7 of 20 Printed On: 6/76/2009 File Number: 09-00555 (c) Payment of amount of costs for restoration; issuance of permit; time for completion; consequences of failure to complete street restoration. (1) Whenever any individual applies for a permit for excavation of a street, or other public right-of-way, or easement, as required by subsection (a) of this section, he shall pay deliver to the director of public works a surety in the form of cash or seFtif+ed cashier's check payable to the city the amount of the cost of the restoration as calculated by the director of public works and shall sign his acceptance of the terms of the permit, and thereupon the permit shall be delivered to the applicant who shall thereafter, and not before, be authorized to proceed with the work, and shall complete the same within the time prescribed by the permit. (2) Whenever any company or agency providing utility services in the city applies for a permit for excavation in the street or other public right-of-way or easement, as required by subsection (a) of this section, the company or agency shall deliver to the director of public works a surety in the form of a Gash payment/performance bond in the form substantially prescribed by F.S.§255.05, or cashier's check in the amount of two times the cost of restoration as calculated under subsection (b) of this section. The director of public works may establish rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right of way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of public works and shall be required to update as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. �3) Upon receipt of the above -referenced roash Chend or rwashieessurety, payment of the applicable permit fees, and completion of the appropriate application, the director of public works shall deliver a permit for the work, and shall therein fix such time for completion of the work, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of public works. The company or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit. (4) Upon proper completion of the work by the permittee, including the above restoration, within the time prescribed by the permit, the director of public works shall cause the amount of the the sums pair! by GashiB'S-vGheGk surety, and an i paymeRt made uRder s bsentioR (a) hereof to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted individual, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit, all payments including the above-specified Gash bond, 9F GashiegS GheGk, surety shall be deemed forfeited. The director of public works shall then be empowered to cause restoration to be done by contract, or by city forces, without City of Miami Page 8 of 20 Printed On: 6/16/2009 danger- pefffii4ed. agreedMCEIPT is hefeby under -stood and aeknowledged ef the sum of Dollars in payment fer- this permit and b (c) Payment of amount of costs for restoration; issuance of permit; time for completion; consequences of failure to complete street restoration. (1) Whenever any individual applies for a permit for excavation of a street, or other public right-of-way, or easement, as required by subsection (a) of this section, he shall pay deliver to the director of public works a surety in the form of cash or seFtif+ed cashier's check payable to the city the amount of the cost of the restoration as calculated by the director of public works and shall sign his acceptance of the terms of the permit, and thereupon the permit shall be delivered to the applicant who shall thereafter, and not before, be authorized to proceed with the work, and shall complete the same within the time prescribed by the permit. (2) Whenever any company or agency providing utility services in the city applies for a permit for excavation in the street or other public right-of-way or easement, as required by subsection (a) of this section, the company or agency shall deliver to the director of public works a surety in the form of a Gash payment/performance bond in the form substantially prescribed by F.S.§255.05, or cashier's check in the amount of two times the cost of restoration as calculated under subsection (b) of this section. The director of public works may establish rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right of way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of public works and shall be required to update as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. �3) Upon receipt of the above -referenced roash Chend or rwashieessurety, payment of the applicable permit fees, and completion of the appropriate application, the director of public works shall deliver a permit for the work, and shall therein fix such time for completion of the work, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of public works. The company or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit. (4) Upon proper completion of the work by the permittee, including the above restoration, within the time prescribed by the permit, the director of public works shall cause the amount of the the sums pair! by GashiB'S-vGheGk surety, and an i paymeRt made uRder s bsentioR (a) hereof to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted individual, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit, all payments including the above-specified Gash bond, 9F GashiegS GheGk, surety shall be deemed forfeited. The director of public works shall then be empowered to cause restoration to be done by contract, or by city forces, without City of Miami Page 8 of 20 Printed On: 6/16/2009 File Number. 09-00555 regard to the status of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted individual, company, or agency. If the required amount is not remitted within ten days of written notice by the director of public works to the permitted individual, company, or agency, the forfeit moneys shall be used to complete the work. Any costs in excess of the available forfeit moneys shall constitute and become a lien against the private real property if owned by said permitted individual, company, or agency, which adjoins or abuts the street or right-of-way for which the permit was issued. Any forfeited moneys remaining after restoration costs have been paid in full may be returned to the permittee if the reason for the delay has been due to causes beyond the control of the permittee. Additionally, the director of public works may administratively establish and enforce written rules and procedures pertaining to the withholding of the issuance of new excavation permits to any individual, company, or agency that fails to complete the restoration work and obtain public works department final inspection approval within the expiration date of previously issued excavation permit(s) to said individuals, company or agency. (d) Indemnity, hold harmless and insurance. It shall be a condition precedent to the issuance of any such permit that the applicant/permittee shall assume all civil liability for the applicant's acts,omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from the issuance of the permit and/or the operations or activities of the permittee and shall, further, hold the city, its officials and employees, harmless for any injuries or damages arising or resulting from the permitted work unless such injuries or damages resulting from alleged grossly negligent or willful acts or omissions on the part of the city, its officials or employees . The applicant shall insure that adequate safety precautions are in effect at all times during the term of the permit. Prior to the issuance of any such permit, the non-governmental applicant(s) shall submit to the city a certificate binder or policy of liability insurance for each non-governmental applicant in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate, and any endorsements thereto, which shall include the city as an additional insured. The certificate must also include coverage for all owned, hired and non -owned autos with a combined single limit of One Million Dollars ($1,000,000.00) naming the city as an additional insured which must also contain coverage for worker's compensation and employer's liability coverage as required by statute and which shall provide that said insurance and any related maintenance and restoration agreement and related surety shall remain in full force and effect dring the entire term of the permit and any related continuing maintenance and restoration agreement. Additionally, all such permits and any related maintenance and restoration agreement(s) for non-governmental applicant(s) shall be subject to annual review by the city's risk management department and public works departmentand shall be required to update as necessary to protect the city and any and all types and amounts of such insurance coverage(s) and/or surety. Additionally, prior to the issuance of any such permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subiect to the limitations as set forth in F.S. X768.28. It shall be a condition precedent to the issuance of any such permit for work to be performed in the public right of way that the person(s) applying for such permit shall provide to the city's department of public works a surety in such amount(s) and such form(s) acceptable to the director of public works to ensure that such work complies with applicable codes, is conducted and performed in a satisfactory, safe and professional manner, that such public right of way is restored and/or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement, and that the permit holder(s) is/are iointly and severably responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right of way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right of way. fid} (e) Obstruction of the right-of-way. In the event that the permitted individual, company or agency desires to obstruct or temporarily close any portion of the right-of-way in order to accomplish the work, City of Miami Page 9 of 20 Printed On: 6116/2009 File Number 09-00555 a separate permit shall be required pursuant to section 54-3. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two adjacent blocks at a time, and the work on one of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. (e) (f) Supervision by director of public works. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements or sidewalk pavements in the city shall be made under the supervision and direction of the director of public works. Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, flume excavation, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and reinspection fees. (c) Permit fees shall be paid in full upon issuance of the permit. The director of public works may establish rules and procedures to allow billing for payment of the permit fee on a monthly basis for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Sec. 54-54. Allowing sidewalks, swales and curbs to remain in dangerous condition. (a) It shall be unlawful for any owner, occupant or agent thereof of any property to which sidewalk, swale and/or curb is contiguous, to place or remove any materials or allow overqrowth of trees, shrubs and plants upon such sidewalk, swale and/or curb as to be dangerous or detrimental to citizens on their property or the general public as determined by the director of public works. (b) It shall be unlawful for any owner, occupant or agent thereof of any property to which a Swale is contiguous, to pave and/or install any materials, trees, shrubs or plants, except sod, within the swale without first having obtained a permit from the public works department. The director of the public works department shall promulgate the rules and regulations establishing standards pertaining to the construction, improvement and repair of swales. Sec. 54-55. Notice to repair sidewalks and curbs. (a) The abuttinq property owner(s) shall be responsible for the repair or replacement of the existing sidewalk, curbs, and putter (hereinafter "street improvements") where the damage is the result of the intentional or negligent act(s) of the owner(s), its agents, or contractors, or where the damage is the result of tree roots from trees located on private property. The director of public works shall be responsible for determining whether the damage was caused by such intentional or negligent act(s) City of Miand Page 10 of 20 Printed On: 611612009 File Number. 09-00555 and to notify the owners of the property to which the street improvements are contiguous to repair or replace such street improvements. For purposes hereof, the term "intentional or negligent act(s)" shall include any act or omission that a property owner knew or should have known would result in damage or iniury to the street improvements. sidewalk.sidewalk is GORtigUGUS, to repair suGh walk oF Notice to repair or replace such street improvements shall be in writing; shall allow such owner, ageRt 9F OGGUpaRt 30 days in which to repair or replace such walk OF side street improvements; shall describe the walk, sidewalk GF G61Fb street improvements to be repaired or replaced; shall set forth that such walk, sidewalk Gr Gurb street improvements shall be repaired or replaced, if surface work is to be done, with the same material as such walk, sidewalk eF G6iFb street improvements was were originally constructed, and if curbing is to be put in, with concrete; and shall be served, returned and filed in the office of the director of public works. Sec. 54-56. Construction, reconstruction or repair of street improvements required when adjacent property is improved by construction of $25,000.00 $75,000.00 or more in value or exceeding 650 1,000 square feet in floor area; restriction. (a) Sidewalks, curbs and/or gutters, pavement, modifications to existing drainage systems and sodding (hereinafter "street improvements") shall be constructed, reconstructed or repaired when any adjacent property located within the corporate limits is improved, altered or modified by the construction, reconstruction, remodeling, renovation or repair of any type of building, structure or parking facility amounting to $000.00 $75,000.00 or more in total value, or when such building to be constructed, reconstructed, remodeled, renovated or repaired is 5581,000 square feet or more in floor area, for which a permit is required. (b) The director of the public works department of the city shall notify the applicant/qualifier for the permit by noting on the approved plans that the street improvements adjacent to the lot or parcel to be improved, altered or modified shall be constructed, reconstructed or repaired. Said street improvements may extend to the centerline of the street and shall be constructed within or adjacent to the established base building lines to the proper line and grade as determined by the public works department on all roadways within the corporate limits. In the event that the surface of any existing street improvements is uneven, cracked, broken or marred, these portions of the street improvements shall be replaced by the applicant/qualifier. (c) The magnitude of the required street improvements shall be restricted to not more than ten (10%) percent of the total value of the permitted improvements, alterations or modifications on said adjacent Property. (.G) (d) The director of the public works department of the city is hereby directed to withhold or withdraw the certificates of occupancy or use until such street improvements are properly constructed, reconstructed or repaired as provided in subsections (a) and (b) of this section. {4-) Je) The director of the public works department is hereby authorized to approve deferment of construction and allow variations and deviations from the above requirements of constructing, reconstructing or repairing said street improvements, as he determines necessary, based on the conditions of the terrain and the existing sidewalk, curbs and/or gutters, and pavement immediately adjacent to the property involved; provided that the property owner furnishes the city with a properly executed covenant to run with the land in which the property owner agrees to construct or pay the cost of constructing the street improvements when such construction is required by the department of public works. {c4 (f) In the event that the property owner fails to construct, reconstruct or repair the street City of Miami Page 11 of 20 Printed On: 611612009 File Number.' 09-00555 improvements as required by the public works department, the director of the public works department shall notify the applicant in writing that the applicant has 30 days in which to construct said street improvements. If the street improvements are not constructed within the 30 -day period, the director of the public works department is authorized to cause the construction of said street improvements by either city personnel or by award of a contract under the provisions of the city Code. An accounting of the total cost of said street improvements, certified by the director of the public works department, shall be recorded in the public works and thereafter shall constitute a lien against the property involved. The total cost shall include the construction cost, a 16 -percent fee for engineering services for the public works department, and any incidental expenses. ARTICLE VI. SIDEWALK CAFES Sec. 54-222. Definitions. As used in this article: Cafe zones means any public sidewalk area within the city, except sidewalk area located within State Road or County right of way, that complies with the requirements of article VI of this chapter. Director means the director of the department of public works. Food establishment, take-out only means an establishment serving prepared food, not for consumption on the premises, from which tables, chairs and stools are excluded. Such establishments shall not encompass waiting areas totalling over 100 square feet in size. Permit means a grant of authority by the city to operate a sidewalk cafe, subject to compliance, as a condition precedent to the initial issuance of such permit and any renewals thereof with all requirements, conditions or criteria set forth in this article for the issuance and maintenance of a sidewalk cafe permit. A permit shall be valid for a maximum of one year in duration and shall be renewable on an annual basis upon full compliance with all application requirements. Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this article. Sidewalk means that portion of the street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. Sidewalk cafe means the placing, locating, or permitting of the placing or locating of chairs and tables within the sidewalk area adjacent to a business licensed to operate as a restaurant or take-out food establishment. State Road shall mean those roadways that are part of the State Highway System under the iurisdiction of the Florida Department of Transportation. Sec. 54-224. Permit application. (a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works in a form deemed appropriate by the director Such application shall include, but not be limited to, the following information: (1) Name and address of the applicant; City of Miand Page 12 of 20 Printed On: 6116/2009 File Number: 09-00555 (2) A copy of a valid business license to operate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability insurance; (4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk care. (b) Applications shall be accompanied by a nonrefundable application fee of $150.00. (c) Applications shall be reviewed by the following departments: public works; planning, buildiRg and Inning; fire reGGwe; neighborhood enhancements team, risk management and finance (liaeace di„ici^^ and rick management diyisiGR) (d) Within 30 15 days of receipt of a completed application, the director shall issue a letter of intent to approve or deny the permit. (e) The applicant shall provide proof of necessary insurance prior to receiving the permit Sec. 54-225. Permit requirements. (a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe in such a manner pursuant to this article. (b) Permits shall be issued only to validly licensed restaurants or food establishments, take-out only, that wish to provide tables and chairs on the sidewalk(s) adjacent to their businesses for use by the general public. (c) In the SD -2 and SD -17 zoning districts located in Coconut Grove, as described in the zoning atlas of zoning Ordinance No. 11000, as amended, permits shall be issued to sidewalk cafes in conjunction with "food establishments, take-out only" and validly licensed restaurants, provided the establishment provides required off-street parking at a rate of one parking space per 100 square feet for the sidewalk cafe area or pays a mitigation fee in lieu thereof, as described in section 35-224 herein, in addition to other required off-street parking and the sidewalk cafe permit fee. For purposes of this article, references to specific zoning districts are solely for purposes of delineating affected geographic areas subject to this section and shall not convey any rights under zoning Ordinance No. 11000, as amended or superseded. (d) No sidewalk cafe permit shall be issued by the city within any State Road right of way in the absence of Florida Department of Transportation approval, or County Road right of way in the absence of Miami -Dade County approval. Sec. 54-227. Liability and insurance. (a) Prior to the issuance of a permit, the applicant shall furnish the director with a signed statement that the permittee shall hold harmless the city, its officers and employees and shall indemnify the city, its officers and employees for any claims of damage to property or injury to persons which may be City of Miand Page 13 of 20 Printed On: 6116/2009 File Number. 09-00555 occasioned by any activity carried on under the terms of the permit. (b) Permittee shall furnish and maintain such public liability, food products liability, and property damage from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage e#pet- . in an amount not less than $1,000,000 per occurrence, $2,000,000 aggregate, and any required endorsements thereto, which shall also include the City as an additional insured. The certificate must also include coverage for all owned, hired and non -owned autos with a combined single limit of $1,000,000 also naming the City of Miami as an additional insured, and must also contain coverage for worker's compensation and employer's liability coverage as required by statute, and which shall provide that it will remain in full force and effect during the full term of the permit and shall be subject to annual review by the risk management department and shall be required to be updated as necessary to protect the city. The requirement for auto insurance may be waived if the applicant furnishes the risk management department with a signed statement that the permittee shall not utilize autos, including trucks, in the operation and conduct of business pertaining to the sidewalk cafe. Such insurance shall be without prejudice to coverage otherwise existing therein and shall Rarne as additional iRuFed the city, its offireFs and emp1Gy e6 and shall further provide that the policy shall not terminate or be cancelled prior to the completion of the permit period without 45 30 days' written notice to the risk management division of the department of fiRaRGe, and the director city at the address shown in the permit. Sec. 54-229. Denial, revocation or suspension of permit; removal and storage fees; emergencies. (a) The director may deny, revoke, or suspend a permit for any sidewalk cafe authorized in the city if it is found that: (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does not have insurance which is correct and effective in the minimum amount described in section 54-227 herein, or has failed to make a quarterly permit fee payment when due. (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of sidewalk cafe. Such decision shall be based upon findings of the director that the minimum six-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic. (4) The permittee has failed to correct violations of this article or conditions of his permit within three days of receipt of the director's notice of same delivered in writing to the permittee. (5) The permittee has failed to take positive actions to prohibit violations from recurring. (6) The permittee has failed to make modifications within three days of receipt of the director's notice of same delivered in writing to the permittee. (7) Tables, chairs and other vestiges of said sidewalk cafe may be removed by the department of public works and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within 36 hours of receipt of the director's final notice to do so for any reason provided for under this article. If the action is taken based on subsection (a)(2) or (3) of this section, the action shall become effective upon the receipt of such notice and the permittee shall have four hours to remove said items. (b) Upon denial or revocation, the director shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection (a)(2) or (3) of this section, the action shall be effective upon giving City of Miami Page 14 of 20 Printed On: 6/16/2009 File Number 09-00555 such notice to the permittee. Otherwise, such notice shall become effective within ten days unless appealed in writing to the city commission. Sec. 54-230. Appeals. (ff) Appeals by the permittee must be received by the city manager within this ten day period and must state with particularity the grounds for the appeal. Appeals must be timely filed. Appeals not complying with this section shall be refected and not considered. Appeals must be accompanied by a non-refundable two hundred dollar (200.00) regulatory processing fee to defray the city's costs in this procedure. ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS-OF-WAY Sec. 54-264. Application and issuance of permits. (a) Issuing and approving authority. The issuing and approving authority and coordinator shall be the director. The director is responsible for objectively coordinating and administering the physical placement of newsracks of the type and in the locations and pursuant to the conditions herein specified, and upon compliance herewith is responsible for the issuance of permits. (b) Applications. The applicant shall file with the director a written application for location and installation permit. The application shall contain the following information: (1) The name, address and telephone number of the distributor who is the owner and/or principal in responsible charge of the newsrack. (2) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks. (3) The number of newsracks and the proposed location of each shown on a detailed, dimensional drawing, including measurements, and survey if requested must all be attached to the application by the applicant. (4) Names of newspapers or periodicals to be contained in each newsrack. (5) Type or brand of newsracks, including an illustration and description of the newsrack and mount. (6) A Global Positioning System (GPS) coordinate, within ten (10) feet accuracy, of each newsrack. (c) Procedure. The depa tFneRt shall: (1) The department of public works and the department of neighborhood enhancement team shall review the application including the distributor's dimensional drawing, detailing the existing physical features surrounding the proposed newsrack location, to determine whether the proposed newsracks are in compliance with the provisions of this article. (2) The director shall notify the applicant of the number and locations of newsracks that have been approved. Based on the approved newsrack locations, the applicant shall submit to the department an insurance certificate and bond and also the appropriate fee in accordance with sections 54-265 and 54-266 of this code. City of Miami Page 15 of 20 Printed On: 6/16/2009 File Number 09-00555 94 J�j The department shall mark approved placement locations with a template so that distributor's installation crews can easily identify location for newsracks. Sec. 54-265. Insurance and bond requirements. (a) Insurance requirement. Prior to the issuance of a permit by the director the distributor shall furnish to the city the following: (1) Evid8RGe, aGGeptable tG the Gity's Fisk management division, that the diStFibUtGF has publiG liability I ith the Gity Ramed as an additional ;RsuFed, with bodily injury liability limits of $500,000000 eaGh person; $500,000.00 eaGh GGGUrrenGe, and pFoperty damage liability IiFRitG of $250,000.00 GGGLJFFeRE;e, GF bodily iRjUFY liability andiGF pFopeFty darnage liability, Single limit of $500,000.00 eaGh esstFreRGe. A certificate of insurance with respect to Commercial General Liability in an amount not less than $1,000,000 per occurrence, $2,000,000 aggregate, and any endorsements thereto, which shall also include the City as an additional insured. The certificate must also include coverage for all owned, hired and non -owned autos with a combined single limit of $1,000,000 also naming the Citv of Miami as an additional insured, and must also contain coverage for worker's compensation and employer's liability coverage as required by statute, and which shall provide that it will remain in full force and effect during the full term of the permit and shall be subiect to annual review by the risk management department and shall be required to be updated as necessary to protect the city. The requirement for auto insurance may be waived if the applicant furnishes the risk management department with a signed statement that the permittee shall not utilize autos, including trucks, in the operation and conduct of business pertaining to the newsracks. ARTICLE XI. USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES Sec. 54-412. Definitions. For the purposes of this article and any agreement in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. ch. 337, as amended: Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the city's zoned rights-of-way. State Road shall mean those roadways that are part of the State Highway System under the iurisdiction of the Florida Department of Transportation. Street shall mean all that area reserved for the public use for public rights-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses, City of Miand Page 16 of 20 Printed On: 611612009 File Number 09-00555 bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and sidewalks. Sec. 54-413. Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement without permit or certification. (f) No pay telephone permit shall be issued by the city within State Road right of waw. Sec. 54-414. Pay telephone permit application. (a) A written pay telephone permit application, along with the permit application fee, in accordance with section 54-418, shall be filed with the department of public works for each pay telephone requested. (b) To be acceptable for filing, an application for the grant of a pay telephone permit shall contain, at minimum, the following information: (1) Site plan, in accordance with section 54-420(h) and a copy of the applicant's public service commission certification. (2) Bond, in accordance with section 54-423. (3) Indemnification/hold harmless agreement, in accordance with section 54-424. (4) Insurance, in accordance with section 54-424. (5) Approval for provision of service from local service provider (e.g., Bei AT&T) showing telephone number of proposed pay telephone (if available). The provider shall notify the city in writing of any telephone number change for an approved/permitted pay telephone. (6) A Global Positioning System (GPS) coordinate, within ten (10) feet accuracy, of each pay phone. Any application for a pay telephone permit shall not be considered until all of these requirements have been met. Additionally, the time for processing by the city of such application shall not begin until all requirements have been met. City of Miami Page 17 of 20 Printed On: 6/16/2009 . . hi N 7= 'Mr.7-IN r2W aims ;A� - � NL W..M-.��■ 0-11. zr.va. •�• City of Miami Page 17 of 20 Printed On: 6/16/2009 File Number.' 09-00555 (c) Each pay telephone provider may be required to install and maintain, at no charge to the city, a specified number of pay telephones in city owned and operated facilities. The number and location of pay telephones in city owned and operated facilities shall be determined by the city, but, in no case, shall exceed one pay telephone or one bank of pay telephones per ten pay telephones permitted in accordance with this article. GR C)GtE)beF 1, 2900. W d) All permit applications submitted to the department of public works , shall be awarded on a first come, first serve basis. (f) (e) Once the pay telephone permit is approved, a decal will be issued to the provider for placement on the pay telephone in a manner such that it is easily visible to code enforcement personnel. {@I} (f At any time during the three year term of a specific permit, the pay telephone provider may voluntarily notify the director of public works, in writing, of an intent to remove the pay telephone and cause the permit to be revoked. Any pay telephone, for which voluntary revocation of the permit is requested by the provider, in accordance with this section, must be removed within 30 calendar days. If the pay telephone is not removed within 30 calendar days, the city shall remove the pay telephone in accordance with section 54-422. Sec. 54-416. Technical standards. All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use -of pay tellephones provided for herein shall be in accordance with all applicable federal, state and local laws and regulations, including but not limited to the most recent editions of the SGa## Florida Building Code, National Electrical Code and the National Electrical Safety Code. Sec. 54-424. Indemnity and insurance. (c) Upon the granting of a pay telephone permit and at all times during the terms of the permit, including the time for removal of facilities as provided for herein, the permittee shall obtain, pay a4 City of Miand Page 18 of 20 Printed On: 6116/2009 File Number. 09-00555 pFeFniums foF, and file With the Gity'6 1R6WraRGe manageF written evidenGe ef payment for PFeMiUMS furnish to the city a certificate of insurance with respect to Commercial General Liability in an amount not less than $1,000,000 per occurrence. $2,000,000 aggregate. and any endorsements thereto, which shall also include the City as an additional insured. The certificate must also include coverage for all owned hired and non-owned autos with a combined single limit of $1,000,000 also naming the City of Miami as an additional insured. and must also contain coverage for worker's compensation and employer's liability coverage as required by statute. and which shall provide that it will remain in full force and effect during the full term of the permit and shall be subject to annual review by the risk management department and shall be required to be updated as necessary to protect the city. The requirement for auto insurance may be waived if the applicant furnishes the risk management department with a signed statement that the permittee shall not utilize autos, including trucks, in the operation and conduct of business pertaining to the pay telephones. death.E)E;E;uFred, with a minimu,w _500,000.00 GeFnb*Red SiRgle limit f9F peFseRal injury or its GffiG8FS , gFaRted 9F alleged te have been SG Gaused GF ec;GUFFed, with a minimum liability of . (d) All insurance policies called for herein shall Ramo the Gity as additional iRs Fed and shall be in a form satisfactory to the city's iR661FaRGe MaRage risk management department and shall require 30 calendar days' written notice of any cancellation to both the city and the permittee. The permittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the city written evidence of the issuance of replacement policies within 30 calendar days following receipt by the city or the permittee of any notice of cancellation. (e) In lieu of the insurance policies as required and referenced in subsections (c) and (d) above, the permittee may submit: (1) A certification by a qualified independent actuary, acceptable to the city's iRsuFaRGe MaRa9eF risk management department, which indicates that permittee has established an "actuarially sound" self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subsections (c) and (d) above; or (2) Other documentation and proof acceptable to the city's risk management department which indicates that permittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subsections (c) and (d) above. *„ Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. (2) City of Miami Page 19 of 20 Printed On: 6/16/2009 File Number: 09-00555 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU Ale, - CITY ATTORNEY Footnotes: {1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 20 of 20 Printed On: 6/16/2009