HomeMy WebLinkAboutO-13087Vop City of Miami
Legislation
< U R �O
Ordinance: 13087
File Number: 09-00555
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/10/2009
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.
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation," is amended in the
City of Miand Page 1 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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 4is authorized representative with the approval of the Gity manager.
Sec. 17-74. Same --Issuance; charges.
The director of public works shall issue a written permit required by the two preceding sections
after approval by the Gity manage 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 satisfactorily.
* * * * *If
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 Miand Page 2 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed
to them in this Code, except where the context clearly indicates a different meaning:
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 desian and construction and are deemed as beina incoraorated by reference herein.
Governmental applicants means the United States, the State of Florida, Miami -Dade County, the City
of Miami or anv aaencv or instrumentalitv 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 '/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 � 908.11 of the City of Miami Zoning Ordinance and includes the area bounded by the extension
of the diaaonal vision clearance line to the centerline of the intersectina streets and shall be reauired
at all street intersections and applicable intersections of driveways with streets.
City of Miand Page 3 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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, and the fore rmc reScac 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 forer te 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 ^^mulete and filo
together a joint appliGation and all persons must comply with all application and permitting
requirements of the city. Failure of any person(s) to fully disclose his/her/46 their
interest/participation/representation in the permit application or +„ ` OMplete +#e4o`vi liner! inin+
to fulfill all city requirements for issuance of the permit shall result in as
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. Additionally, any
Gentinuing use of the publiG right of way by any SUGh persen(s) shall require all SuGh persons en
permit appliGation alse to enter into a GOntinuing rnaintenanGe and restoration agreement with the -G*
and to provide SUGh Gentinuing insuranGe and SUGh Gentinuing payment bend, perfermanGe bend, or
restoration.
�,T
(c) Indemnity, hold harmless and insurance; payment bond perfermanno bond or letter of nredi+ 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 arisina out of or resultina from the closure. the issuance of the aermit or the oaerations 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
City of Miand Page 4 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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.
Non -Governmental Applicant(s):
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 tjn^lu Jinn e�^"
agreement)in an amount not less than One Million Dollars ($1,000,000.00) per person • occurrence,
Two Million Dollars ($2,000,000.00) aggregate peY;t, 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 permit insurance and any related maintenan^e and restoration agreement and
related payment bend performan^e hon`•! or letter of ^regi+ shall remain in full force and effect during
the entire term of the permit and any related ^nn+ini ling maintenan^e and restoration agreement
Additionally, all such permits and any related main+enan^e and restoration agreements) for
non-governmental applicant(s) tin^l, ,Minn ea^h appli^an+ on a joint permit and joint ^nn+ini ,inn
majntenan^e and res+nratinn agreement) shall be subject to annual review by the city's Risk
Management Department and Di bli^ Works Department 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)—
payment bend(s), perfnrman^e hnnd(s)and /nr letter of ^redi+ts\
�
Governmental Applicant(s):
Add itional Prior to the issuance of any such permit, the governmental applicant(s) tin^li ding e�^"
agreement)shall submit to the city a certificate bonder nr poli^„ of limey insurance or letter of
self-insurance for each governmental applicant (in^li ding ea^h governmental appli^an+ jn a joint
appli^etion and joint ^nn+ini ling mejntenan^e and res+nratinn agreement) in an amount not less than.
person,One Hundred Thousand Dollars ($100,000.00) per
and Twe Hundred Thousand Dollars
($200,000.00) aggregate per in^iden+ nr the amounts sne^ifierl accordance with and subject to the
limitations as a limit of Iiab fl -+y set forth in F.S. § 768.28, and any endorsements thereto, whi^heyer is
greater, whiGh shall inGlude the Gity as an additional insured, and whiGh shall provide that it will remain
0 n fUll fGFGe and effeGt during the full term of the permit and any related Gentinuing MaintenanGe
res+nratinn agreement
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
persen(s) applying fOF SUGh permit shall provide to the City's Department of Risk Management and -
Department of PubliG Works a payment bend, performanGe bond or letter Of Gredit on SUGh ame6int(s)
and SUGh ferm(s) aGGeptable to the DireGtGF of Risk Management and the DiFeGter of PubliG Works to
ensure that SUGh work is GendUGted and performed On a satisfaGtGFY, safe and professional rnanner-,-
that SUGh publiG right of way is restered er maintained as required by the GiFGUmstanGes and extent of
the werk under SUGh permit and any related Gent nuing maintenanGe and restoration agreement,
that the permit holder(s) is/are jointly and severably responsible, at each permit holder's expense, for
City of Miand Page 5 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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 -
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 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
City of Miand Page 6 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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 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 reauire submittal of a suretv for
restorina the street or sidewalk as described in subsection (c) of this section.
(b) Calculation of cost of restoration, form of norm;+. Upon compliance with the terms of subsection
(a) of this section, the director of public works shall calculate the cost, when the p bliG works
department performs the work 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
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
City of Miami Page 7 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
Valley gutter ... 12.00
Curb and gutter ... 12.00
Concrete encasement for sewer pipe ... 3.00
Swale trench ... 35.00
Exfiltration trench ... 70.00
Each
Street furniture (benches, waste receptacles, bicycle racks, etc.) ... 250.00
Drainage structure (inlet, manhole, etc.) ... 2,000.00
Decorative illumination (fixture/pole/mounting) ... 5,000.00
Now
,_L, me SAN
(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
City of Miami Page 8 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
W11IN ON.
•
Of "111
W
1 Ill
Mr, V�
I
(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
City of Miami Page 8 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
deliver to the director of public works a surety in the form of cash or certified 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
section, the company or agency shall deliver to the director of public works a surety in the form of a
Gash payment/payment/ 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 subject
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 Gash bond OF GashieF'S ^heGk 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 therein fiX Such time f„r nmmpletinn of
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 cash bonderr-oor the suras paid by ` ashieF'S `+heGk Surety, and any payment marlo
inner s bseGtien (a) hereof 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-spec+f+edreferenced Gaahbend, OF Gash+eFs check, 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 meneys 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 moneys 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 expiratioate of the previously issued excavation permit(s) to said
individuals, company or agency.
City of Miand Page 9 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
(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 injuries 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
times durina the term of the permit.
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 during 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
reauired to update as necessary to protect the city and anv and all tvoes and amounts of such
insurance coverage(s) or surety.
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
subject to the limitations as set forth in F.S. X768.28.
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 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 the facilities and for any damages regarding continuing maintenance of the public
right-of-way.
dam- 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
City of Miand Page 10 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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 ) Supervision by director of public works. All disturbances, digging up or excavation of streets,
avenues, sidewalks, pavements or sidewalk pavements in the city shall be made under the
supervision and direction of the director of public works.
Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway
or shoulder area, building line and grade survey, sidewalk construction survey, driveway
construction, flume excavation, utility placement; underground utility service connection
excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and
reinspection fees.
(c) Permit fees shall be paid in full upon issuance of the permit. The director of public works may
establish rules and procedures to allow billing for payment of 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 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. imarovement and reaair 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
City of Miand Page 11 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
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.
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 650 1,000 square feet in floor area; restriction.
(a) Sidewalks, curbs and/or gutters, pavement, modifications to existing drainage systems and
sodding (hereinafter "street improvements") shall be constructed, reconstructed or repaired when any
adjacent property located within the corporate limits is improved, altered or modified by the
construction, reconstruction, remodeling, renovation or repair of any type of building, structure or
parking facility amounting to $25,000.00 $100,000.00 or more in total value, or when such building to
be constructed, reconstructed, remodeled, renovated or repaired is 650 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 adjacent
property.
ko d) The director of the public works department of the city is hereby directed to withhold or
withdraw the certificates of occupancy or use until such street improvements are properly
constructed, reconstructed or repaired as provided in subsections (a) and (b) of this section.
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 die 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 ) 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
City of Miand Page 12 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
department shall notify the applicant in writing that the applicant has 30 days in which to construct
said street improvements. If the street improvements are not constructed within the 30 -day period, the
director of the public works department is authorized to cause the construction of said street
improvements by either city personnel or by award of a contract under the provisions of the city Code.
An accounting of the total cost of said street improvements, certified by the director of the public
works department, shall be recorded in the public works 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
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
urisdiction 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.
City of Miand Page 13 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
(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, building and
zening; fire_reSGue; neighborhood enhancements team, risk management and finance (dense
division and rick management division)
(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.
(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.
City of Miand Page 14 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
(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 department shall:
(1) The department of public works and the department of neighborhood enhancement team shall
Rreview the application including the d+strib 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.
(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.
R4 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.
City of Miand Page 15 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
State Road shall mean those roadways that are part of the State Highway System under the
iurisdiction of the Florida Deaartment of Transaortation.
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
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 (ems- i.e. BellsoutAT&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 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.
City of Miand Page 16 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555 Enactment Number: 13087
(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.
{e) ) All permit applications submitted under this section ,n aGEerdan^o with subseG+inn (d) above
as well as any other permit applinations s bmitter! to the department of public works after OGtoher 1
299 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.
{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 South Florida Building Code, National Electrical Code and the
National Electrical Safety Code.
City of Miand Page 17 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017
File Number: 09-00555
*If
Enactment Number: 13087
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}
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 18 of 18 File Id. 09-00555 (Version: 2) Printed On: 6/28/2017