HomeMy WebLinkAboutLegislation FR/SR 7-9-09City of Miami
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Legislation
Miami. PL 33133
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Ordinance
File Number: 09-0055
Final fiction 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 have 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 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.
City of Miami Page I of 17 Printed On: 6/30/2009
File Number: 09-00555
Section 2. Cilapi er 17 of e Citi' Co'�—_ e itltierd Preservation," is In he
foliowing particulars: t11
"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 appF ,,,al Gf th9 Gity
Sec. 17-74. Same --Issuance; charges.
The director of public works shall issue a written permit required by the two preceding sections
a#teFa PF9Val by the Gity R;aRageF 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: J1
"Chapter 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
City of Miami Page 2 of 17 Printed On: 6/30/2009
File Number 09-00555
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have -1-he msanings ascribed
L o them in this Coda, except where the context Clearly indicates a different meaning:
Business means any commercial or industrial activity, entity; or event in or for which any goods or
services are made, sold or offered for sale or other consideration, pecuniary or otherwise.
Engineering Standards means the minimum standards pertainina 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.
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 right-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, aPA the fiFe-;esGue 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 fFa,,,z,FeSE;We 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 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.
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File Number: 09-00555
per scn(s) to -v'lly isol:... l,sinei: is iri '. ,-s!, �Grlci a:IJ ;r -pies, . :I� iii tr- =rill,
apphc=tion or ;_ ";;riot. eq red jq�Rt appliGatia., to fulfill all city requires i entS Tor Issuance of
the permit shall result in e,, dal 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 ail 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 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. A.d,di+i9Rall„ aRY + R ,iRg Use of
t+
(c) Indemnity, hold harmless and insurance; ^aYmont h„r,.d peFfeFinaRno {1e RGI nr let+e F of nrerdi+ 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 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
a^r ,Rt) in an amount not less than One Million Dollars ($1,000,000.00) per peFGGR 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) also
naming the city 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 said Permit
insurance
shall remain in full force and effect during the entire term of the
permit and aRY rola+ori GGRtin„inn main+on,nne and Fortes+inn nnroomonf. Additionally, all such
permits and aRy rola+ori mair,tor,_Anno _r,id roctnratinn agFeo.v eRt(G) for non-governmental applicant(s)
shall be subject to annual review by the city's Risk Management Department
Dent and shall be required to update as necessary to protect the city any and all types and
amounts of such insurance coverage(s), payment IDGR d(s) pepfermaRGe IDGR dtc\ and �Gr le -tier ref
GF9d . Additionally, prior to the issuance of any such permit, the governmental applicant(s)
shall submit to the city a certificate binder9F pelisy of i+abili insurance or letter
City of 3rxmi Page 4 of 17 Printed On: 6/3012009
File Number- 09-00555
�f s e f-1: SUrcnc— f c r ....,., gc', rr rnern_=1 ap"Ilcc.r,t -i a ��..
n r a DG!!n .. ;C`^I n. rLnn nn\ ps r r r �1 — �n H m d Thn i_ d DG I-
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C" n n,nn nn\ rn ncr n rc + is n;=i rl +,
ar !�o ,...�a�--erc.,;..au accordance with and subject to ;ne
limitations ?s ;,-mit G; lig"-I-y set forth in F.S. § 768.28 aR.1 ar*e-nc'arccm�,`�
rcu: E4L1 cri =-4 all rlc! �-r=c. =ri= �!�'r lir i �c ail dc�liT;Gii=r=Vi-4a ha-t-
+� ilr e ail i in :EL--rr-n—^ca,!;d efffest uri:iy he full te" i i Line pa -1-4 -alpy nelata" cr f�iTli I�
R-;=;tGRaRGe aT;d %Stgr�ieR ac— ,e'. 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 pa=ser,(s)applyiRg fer E;4G#
shallCity's
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i 4GFkS tG SRSUFFe that SuGh Wapk is
ca r,
rrestGFatiGR r , and that the 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 and fnr aRY daMagGS
FegaFdiR l nnntin6 Zinn FnaintenaRGo of the nU bIin Fight _nf_,A a
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 city will require 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 II. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-42. Excavations.
(a) Permit required. When any person desires to disturb, cut into, dig up or excavate any public
City of Miami Page 5 of 17 Printed On: 6/30/2009
File Number: 09-00555
ae t 3 r s��d K, 1'Ji er .. G, - I.'D=Ve7,Jr pa 'ev. O Ca::5eJ ill G De Vr
application shall be made to the director of public works for permission Ther=for. No person shall apply
Tor a permit to perform or conduct work in the public right-of-wav without disclosing in writing on the
Dermit apDlication form the Person(s)-on whose behalf such Yvork in the public richt-of-wav is being
performed or conducted. If such work is beino Derormed by one or more oerson(s) on behalf of anv
other persons) for usinc. constructing. eXcayatiino. maintaining. ownino or operating any tvoe or
manner of system. eauioment. or device within the public rights-of-way. then both/all persons must
comply with all aDDlication and permiiiina reauirements of the city. Failure of any person(s) to fully
disclose his/her/its interest/Darticipation/representation in the permit aoDlication or to fulfill all city
requirements for issuance of the Dermit sh211 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 aranted. as the case may be. due to violation of this
provision by the persons) who applied for such Dermit. 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 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 tyDe
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, 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 or water meters installed by the Miami -Dade Water and Sewer Department, if such
multiple installations are combined into a single written request for permit to the director of public
works. A request for multiple water and sewer 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; . Upon compliance with the terms of subsection
(a) of this section, the director of public works shall calculate the cost, WheR the .,, bliG ,. 9FkS
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
Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50
Six-inch concrete sidewalk (plain concrete) ... 2.50
City of Miami Page 6 of 17 Printed On: 6130/2009
File Number- 09-00555
r0''i-._iCh COIlc:�te ii (i,iai__ cohere--
Decorative sidewalk (brick -s. pavers. sta..lped «_matured co _or concrete. et,,. ) ... .50
Six-inch reinff6rced concrete protect_ e slab ... 3.50
Backfill ... 1.00
Eia-ht-inch rock base ... 1.15
Decorative Swale paviria (bricks. pavers. lattice. concrete SNvale blocks. etc., ...8.50
Solid sod ... 1.00
Per Linear Foot
Curb ... S 10.00
Valley gutter ... 12.00
Curb and nutter ... 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
City of Miami Page 7 of 17 Printed On: 6/30/2009
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City of Miami Page 7 of 17 Printed On: 6/30/2009
File Number 09-00555
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(c) Payment of amount of costs for restoration: issuance of permit; time for completion,-
consequences
ompletion;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 seFti�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
sash 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 subiect to periodic review
by the director of public works and shall be required to adiust as necessary to sufficiently cover the
costs of restoration assessed to each open permit and permit application.
(3) Upon receipt of the above -referenced Gash bend OF Ga6hi8r 6 GheGk surety, 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 Gash -bead-er
the sums paid by Gashici'-G-vncGGk surety, and-a•Ry paym,eRt FRade URdeF GubseGtinn (a) h.-.F8G to be
returned to the person, company or agency to whom the permit was issued.
(5) In the event that the permittedep rson, 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 , 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
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
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File Number: 09-00555
'er \ :en ~,cilc- -'y it ie �irc�ior Gi p.::nliC V✓orKS ;O -L,-,=-Vl� mal, wt as i.
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-cf-v✓ay for v✓7ich
the permit was Issued. Any forfeited moneys remaining after restoration costs have been paid in fall
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 Dertainina to the withholdina of the issuance of new excavation
permits to anv individual. companv, or aoency that fails to complete the restoration work and obtain
public works department final inspection approval within the expiration date of Dreviously issued
excavation permit(s) to said individuals, company or aaencv.
(d) Indemnity. hold harmless and insurance.
It shall be a condition precedent to the issuance of any such permit that the aDDlicant/Dermittee 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 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 Dermitted work unless such iniuries
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 during the entire term of the permit and any related continuing maintenance and restoration
greement. Additionally, all such permits and any related maintenance and restoration agreement(s)
for non-governmental applicant(s) shall be subiect to annual review by the city's risk management
department and public works department and shall a required to update as necessary to protect the
city and any and all types and amounts of such insurance coverage(s) or surety. Additionally, prior to
the issuance of an 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. §768.28. 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 Derson(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 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 holders
are iointly and severable 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.
�dI4 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,
a separate permit shall be required pursuant to section 543. 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
City of Miami Page 9 of 17 Printed On: 6/30/2009
File Number: 09-00555
V,/:)FK � Ono of sjch blocks s-ali )e comoie e an t"e Si:o',,� : and �Ci Sv=mert
Shall be piaCed In as good condition as existed prior IO 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.
(f) Supervision by direcror or 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 permit fees 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 or curb is contiguous, to place or remove anv materials or allow overgrowth of trees, shrubs and
plants upon such sidewalk, swale 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 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 abutting property owner(s) shall be responsible for the repair or replacement of the existing
sidewalk, curbs, and gutter (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)
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
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File Number 09-00555
nduC- ::-7v ac" or om;Ss;Cr, - F:"leV✓ or s`lo 1 nave k 7,-)wn w o r w—Salt IrCa M aCC
or iniury to the street improvements.
b) In case the surface of any walk or sidewalk in the city becomes so uneven as to make walking over
It dangerous or detrimental, or If the curbing becomes decayed; worn out or broken; it shall be the duty
of the director of public works to notify the owner; and if the owner cannot be served, to notify the
occupant, and if there is no occupant, then to notify the agent of the owner of the property to which the
sidewalk is contiguous, to repair such walk or sidewalk. Notice to repair or replace such street
improvements shall be in writing', shall allow such owner, agent or occupant 30 days in which to repair
such walk or sidewalk; shall describe the walk, sidewalk or curb to be repaired; shall set forth that such
walk, sidewalk or curb shall be repaired, if surface work is to be done, with the same material as such
walk, sidewalk or curb was 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 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 $800.00 $75.000.00 or more in total value, or when such building to be constructed,
reconstructed, remodeled, renovated or repaired is &&8 1.000 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 not exceed ten (10%) percent of the total
value of the permitted improvements, alterations or modifications on said adjacent property. For
existing single-family residences, the required street improvements shall not exceed five (5) percent of
the total value of the permitted improvements alterations or modifications on said adiacent property.
(4;4 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.
A 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 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.
{0 (f) In the event that the property owner fails to construct, reconstruct or repair the street
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
City of Miami Pagel] of 17 Printed On: 6/30/2009
File Number.' 09-00555
;rie uDiiC 'i/JOrh.S C N .i . .er it .z au. i. i iG� 0 a Se CC„�L"uC;IOn S —ee; : a; =, li
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either city personnel or by a��'ard of a contract under the provisions of the city Code. An accounting of
the total COSI Of said Street Impr OVe""ientS. certified by the director Of the public works department;
shall be recorded in the puolic kvorks and therea—fter shall constitute a hen against the property
Involved. The total cost shall Include the Construction cost, a 16 -percent fee for engineering Services
I the public works deaartment, and any incidental expenses.
ARTICLE VI. SIDEWALK CAFES
Sec. 54-222. Definitions.
As used in this article:
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
jurisdiction 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;
(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
Z^^in^' fiF8_F96^„e; neighborhood enhancements team, risk management and finance (ii^e^6e diyici^^
City ofMiami Page 12 of 17 Printed On: 6/30/2009
File Number, 09-00555
V`ithin �" 15 Lays c reece pt of a corn, ipietat cpr -a t in. .he _!rec z)7 s i"i ^i I„_..,, a ;e -Her of Ir,7 ri1 io
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.
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 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
City of Miami Page 13 of 17 Printed On: 6/30/2009
File Number: 09-00555
ai -alry j:m ei ice, i inig ti fe aipp!Ica .'S i iews rECKS.
he number Of n21NSraCKS and the proposed location of each shown o.. a d�taii�d, dimensional
dray;ging, including measurements, and survey if requested must all be atiached to t e 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 Svstem ( GPS) coordinate. within ten (10) feet accuracv. of each newsrack.
(c) Procedure. The depagmen+ shiall.
(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.
R ) The department shall mark approved placement locations with a template so that distributor's
installation crews can easily identify location for 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 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
jurisdiction 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,
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.
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File Number., 09-00555
ti No aayteieahone Dermit shall be issued by the city v<<ithin State Road richt of v ev.
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., BellsGutAT&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 00) 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.
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City of Miami Page 15 of 17 Printed On: 6/30/2009
File Number; 09-00555
(c) Each oav telephone orovider may be reouired to install and maintain. at no charge to the city. a
specified number of oav teleohones in city owned and operated facilities. The number and location of
pay teleohones in city owned and operated facilities shall be determined by the city. but. in no case.
sha11 exceed one oav telephone or one bank of oav telephones per ten oav telephones permitted in
accordance with this article.
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{e) (d) All permit applications submitted iR aGGaraance With S6bseEtian()-above, as well as a%' eth8
P9rmit appliGatinnc submitted to the department of public works a#eF QEtGbeF 4, 2999, shall be
awarded on a first come, first serve basis.
44 (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.
�g-) 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 tetlephones 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 SGuth Florida Building Code, National Electrical Code and the National
Electrical Safety Code.
*11
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}
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File Number: 09-00555
FRO�'ED
AS —0 FORMI SND CORREC i I1
JULIE 0. BRU
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 17 of 17 Printed On: 6/30/2009