Loading...
HomeMy WebLinkAboutLegislation SR 9-10-09°� City of Miami City Hall 3500 Pan American ' - Drive "" '.."` r Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 09-00555 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 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: 8128/2009 File Number: 09-00555 Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation," is amended in the following particulars: {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 #is authorized representative with the appFeval of the eity manage . x Sec. 17-74. Same --Issuance; charges. The director of public works shall issue a written permit required by the two preceding sections 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 ' satisfactorily. Section 3. Chapter 54 of the City Code, entitled "Streets and Sidewalks," is amended in the following particulars: {1} "Chapter 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL City of Miamd Page 2 of 17 Printed On: 8/28/2009 File Number.' 09-00555 Sec. 54-1; Definitions. The foilowing 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: 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 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. Governmental applicants means the United States, the State of Florida, Miami -Dade County, the City of Miami or any agency or instrumentality thereof. Maintenance means the upkeep or preservation and acts of repair and other acts to prevent a decline lapse or cessation from an existing state or condition; to keep from falling, declining or ceasing: to keep in good order; keep in proper condition; keep in repair, as it pertains to the private property and public right-of-way, as applicable, and as are encompassed by the provisions of this Chapter. Maintenance costs means any cost incurred for the purpose of performing maintenance within the public right-of-way. This includes costs of labor, materials, equipment and other public works operational costs. Non-governmental applicants mean any applicant who is not a governmental applicant as defined by this section. 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'/) 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 j 908.11 of the City of Miami Zoning Ordinance and includes 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 City of Miami Page 3 of 17 Printed On: 812812009 File Number.' 09-00555 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, and the fire 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 fiFe,�, ,tee 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 betWall persons must c^., plete and file taget eF a ;GiRt comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/As their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in ai4 immediate administrative revocation by the city, without the necessity of any further action, hearing 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 or any violations under applicable Law shall render such permit null and void, without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. AdditieRally, any (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 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. M Non -Governmental Applicant(s): City ofMiand Page 4 of 17 Printed On: 812812009 File Number.' 09-00555 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 (iRGWding easla ^qtr in an amount not less than One Million Dollars ($1,000,000.00) per perms occurrence, Two Million Dollars ($2,000,000.00) aggregate per-insideRt, 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 vehicles 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 per-rait insurance shall remain in full force and effect during the entire term of the permit and aRY Felated G9RtiRUiRg mainteRaRGe and FesteFatieR agFeement. Additionally, all such permits for non-governmental applicant(s) shall be subject to annual review by the city's Risk Management Department P1 thlor-12 gepa#n;eRt and the applicant shall be required to update as necessary to protect the city with any and all types and amounts of such insurance coverage(s), letter of Gredit/c l Governmental Applicant(s): Additie-PPrior to the issuance of any such permit, the governmental applicant(s) (+nslwdieg ea agFeeM9Rt) shall submit to the city a certificate binder or pel+sy of liability insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as a limit of liabisl4y set forth in F.S. § 768.28, and aRY eRdersements thereto i ,whnhernor_iyver s gFeateF, WhiGh shall iRGWde the Gity as aR additieRal iRs6iFed, and WhiGh shall previde that it will Ferna+*P,- restnratinn anreeMent It shall be a further condition precedent, for both non -,governmental and governmental permit holders, to the issuance of any such permit for work to be performed in the public right::of=way that the peFr.GR(s) applying fGF SUGh peFmit rhall pFovide to the City's [Department of Risk Managen;eFit and , that SUGh publiG Fight Of Way iS FesteFed E)F maiRtaiRed as %quiped by the riFGUMstaRG8G and extent of - 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 €sr City of Miami Page 5 of 17 Printed On: 8/28/2009 File Number. 09-00555 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 reauire a permit from the department of public works before 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 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 therefore. 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, excavating, maintaining owning or operating any type or manner of system, equipment, or device within the public right-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/their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation permit previously granted resulting in such permit becoming null and void( without the necessity of any further action, hearing or proceeding)or (2) 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 or any violations under applicable law shall render such permit automatically null and void without the necessity of any further action or City of Miami Page 6 of 17 Printed On: 8/28/2009 File Number: 09-00555 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 such person(s) to also enter into a continuing maintenance and restoration agreement registration, or a franchise agreement, as applicable by 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, depaFtMeRt peFfoFms the we* 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 Stained/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 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 City of Miami Page 7 of 17 Printed On: 8/28/2009 File Number: 09-00555 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 (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 the individual shall pay deliver to the director of public works a surety in the form of cash or seF�ified cashier's check payable to the city in the amount of the cost of the restoration as calculated by the director of public works and shall sign his an 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 City of Miami Page 8 of 17 Printed On: 8128/2009 r. • MI MMMMM 13 (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 the individual shall pay deliver to the director of public works a surety in the form of cash or seF�ified cashier's check payable to the city in the amount of the cost of the restoration as calculated by the director of public works and shall sign his an 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 City of Miami Page 8 of 17 Printed On: 8128/2009 File Number: 09-00555 section, the company or agency shall deliver to the director of public works a surety in the form of a Gash performance bond prescribed by F.S.§255.05, as amended, 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 written 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 be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. (3) Upon receipt of the above -referenced 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 determine when fhepeiR {ix 6ug-h firA19 fn -r n -em letign 0 the work is to be completed, 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, as determined by the director of public works in accordance with the requirements of this Chapter and other applicable codes , including the above restoration, within the time prescribed by the permit, the director of public works shall cause the amount of the surety, 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-spesif+edreferenced , 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 ten days of written notice by the director of public works to the permitted individual, company, or agency, the forfeited meneys monies shall be used to complete the work. Any costs in excess of the available forfeited moneys monies 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 PAOReys monies 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 establsh 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 or refuses to complete the restoration work and obtain from the public works department a final inspection approval within the expiratio date of the 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 or the operations or activities of the permittee and shall further, hold the city, its officials and employees harmless for any iniuries or damages arising or resulting from the permitted work unless such injuries or damages result 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 City of Miami Page 9 of 17 Printed On: 812812009 File Number.' 09-00555 times during the term of the permit. L1 Non -Governmental Applicants: 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 workers compensation and employers 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 durinq 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 the applicant shall be required to update as necessary to protect the city and any and all types and amounts of such insurance coverage(s) or surety. (2) Governmental Applicants: Prior to the issuance of any 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. (3) Additional permit conditions: It shall be a condition precedent to the issuance, to both governmental and non-governmental applicants, of any 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: (i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii) pertaining to the 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 Furthermore 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. �44 (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, 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. W (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. City of Miami Page 10 of 17 Printed On: 8/28/2009 File Number 09-00555 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. the F, theiF pFepeFt) (a) It shall be unlawful for any owner, occupant or agent of any property to which a sidewalk swale or curb is contiguous, to place or remove any materials or allow overgrowth of trees shrubs and plants upon such sidewalk, swale or curb as to be dangerous or detrimental to the general public as determined by the director of public works. (b) It shall be unlawful for any owner, occupant or agent 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 the standards pertaining to the construction, improvement and repair of swales. Sec. 54-55. Notice to repair sidewalks and curbs. (a) Abutting property owner(s) shall be responsible for the repair or replacement of the existing_ sidewalk, curbs, and gutter (hereinafter "street improvements") where damage is the result of the intentional or negligent act(s) of the abutting owner(s) its agents or contractors or where the damage is the result of tree roots from trees located on the abutting private property. 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. City of Miami Page 11 of 17 Printed On: 812812009 File Number 09-00555 Sec. 54-56. Construction, reconstruction or repair of street improvements required when adjacent property is improved by construction of $25,000.00 $100,000.00 or more in value or exceeding 6501,000 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 $25,999-09 $100,000.00 or more in total value, or when such building to be constructed, reconstructed, remodeled, renovated or repaired is 658 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. kG) 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. 0)e) 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 the director 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. W Mf 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 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 woks records of Miami -Dade County 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 City of Miami Page 12 of 17 Printed On: 8/28/2009 File Number: 09-00555 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, bUildiRgaRGI zoRinn; firn_roc Gue; neighborhood enhancements team, risk management and finance (l�,z ense divisi9fi and Fisk management diyisinr ) (d) Within 39 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. City of Miand Page 13 of 17 Printed On: 812812009 File Number. 09-00555 (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 of this code , 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 an approval from the Florida Department of Transportation. 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 public works 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 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 depaFtmeRt shall: (1) The department of public works and the department of neighborhood enhancement team shall Rreview the application including the dish's applicant'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. City of Miami Page 14 of 17 Printed On: 8/28/2009 File Number: 09-00555 (2) The director shall notify the applicant of the number of newsracks 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. (2-) (3) The department shall Mmark 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 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, 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 a State Road right-of-way. 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 City of Miami Page 15 of 17 Printed On: 8/28/2009 File Number: 09-00555 requested: (b) To be .adceptabie 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 54-42O(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- i.e. SellsGuth AT&T) showing telephone number of proposed pay telephone (if available). The permittee 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. (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 per ten pay telephones permitted in accordance with this article MrM IT I OR MI I MEN ... City of Miand Page 16 of 17 Printed On: 812812009 MIN ..- ... ... raMMIC - - - - - •e - .,. (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 per ten pay telephones permitted in accordance with this article MrM IT I OR MI I MEN ... City of Miand Page 16 of 17 Printed On: 812812009 File Number.' 09-00555 {e} (d) All permit applications submitted under this section . to the department of public works afte. GGteber � 2898; 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. {g4 (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 Sewth Florida Building Code, National Electrical Code and the National Electrical Safety Code. *1, 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} APPROVED AS TO FORM AND CORRECTNESS: 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: 812812009