HomeMy WebLinkAboutLegislation FR/SRFile Number: 09-01136 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE
INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has conducted a fee study analyzing the
City's fees and the associated cost to provide certain services; and
WHEREAS, the outcome of the fee study has demonstrated that the City's fee
schedule is outdated and does not reflect the proper fees; and
WHEREAS, based on these findings, the City of Miami City Commission ("City
Commission") authorizes the increase of various fees, as set forth in the Code of the
City of Miami, Florida, as amended (the "Code"), as set forth more particularly below;
NOW, THEREFORE, BE 1T 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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended
(the "Code"), is further amended in the following particulars:{1}
"CHAPTER 2. ADMINISTRATION
ARTICLE 111. OFFICERS
DIVISION 4. CITY CLERK
Sec. 2-142. Fees for copies of ordinances and other records.
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Legislation
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Ordinance
File Number: 09-01136 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE
INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has conducted a fee study analyzing the
City's fees and the associated cost to provide certain services; and
WHEREAS, the outcome of the fee study has demonstrated that the City's fee
schedule is outdated and does not reflect the proper fees; and
WHEREAS, based on these findings, the City of Miami City Commission ("City
Commission") authorizes the increase of various fees, as set forth in the Code of the
City of Miami, Florida, as amended (the "Code"), as set forth more particularly below;
NOW, THEREFORE, BE 1T 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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended
(the "Code"), is further amended in the following particulars:{1}
"CHAPTER 2. ADMINISTRATION
ARTICLE 111. OFFICERS
DIVISION 4. CITY CLERK
Sec. 2-142. Fees for copies of ordinances and other records.
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(a) For the preparation and issuance of photocopies of resolutions, ordinances and all
other official records of the city prepared and issued through the city clerk's office, the
city clerk shall collect the maximum fee as provided in state law.
(b) For the preparation and issuance of copies of resolutions, ordinances and all other
official records on microfilm, the city clerk shall collect the maximum fee as provided in
state law.
(c) For the service of duplicating cassette tapes from original tapes used by the city
clerk in the voice recording of city commission meetings, the city clerk shall collect a fee
as provided in state law for such service, provided the person requesting such service
furnishes his or her own cassette; if the city clerk furnishes the cassette, he shall collect
a fee of $8-90 8.50. For the service of duplicating digital voice recordings in compact
disc form of city commission proceedings, the city clerk shall collect a fee not greater
than $44,09 15.75 to cover the costs associated with providing such service.
(d) For the certification of any document, the city clerk shall collect a fee of $1.00 for
each document certified, plus the maximum fee(s) as provided pursuant to Florida
Statutes for duplication of the public record.
(e) In accordance with the provisions of § 119.07, Florida Statutes, as amended, with
respect to public records requests, the city is permitted and shall charge an "extensive
research fee" whenever extraordinary time constraint is designated by the person
requesting copies or research of public records, requiring extraordinary expenditure of
time by the city clerk's office or other city department acting as records custodian. To
comply with the request, the city clerk or other city department acting as records
custodian, shall collect the cost of providing such extraordinary services (i.e. the
"extensive research fee") in advance and in addition to the fees set forth in subsections
(a), (b), (c) and (d) of this section. For purposes of this section "extraordinary
expenditure of time" shall mean twenty minutes or more. The extensive research fee
shall be calculated using the hourly wage of the employee performing such services.
ARTICLE IV. DEPARTMENTS
DIVISION 4. PUBLIC WORKS DEPARTMENT
Sec. 2-270. Same --Finding material errors, additional fee; waiver of fee.
(a) If, in the process of the first check of a proposed record plat, material errors are
found, the plat shall be returned to the engineer or surveyor who made it, for correction
without further checking by the public works department. For all subsequent office
checking, the director of public works shall collect a fee of $209 21.00 per manhour.
(b) The fee required under this section shall be waived for governmental entities and
agencies.
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Sec. 2-271. Same --Permanent reference monuments not properly placed,
additional fee; waiver of fee.
(a) If, in the process of the first check of a proposed plat, it is found that the permanent
reference monuments are not properly placed on the ground, the engineer or surveyor
who made the plat shall be notified, and all subsequent trips to the subdivision for the
purpose of checking permanent reference monuments shall be charged for at the rate of
$29:99 21.00 per hour, such charges to be collected by the director of public works. If it
should be necessary to use a survey party in such subsequent checking of permanent
reference monuments, the director of public works shall collect a fee of $59-99 52.50for
each hour such survey party is used.
(b) , The fee required under this section may be waived by the director of public works
for governmental entities and agencies.
Sec. 2-272. Construction plan checking fee.
(a) The fees to be charged by the public works department for processing and
checking construction plans submitted for approval of the city are hereby fixed as
follows:
(1) Fence, wall, slab, sign or underground tank permit ... $19-90-11.00
(2) Single-family or duplex residential construction, reconstruction, remodeling,
renovation, repair or addition permit ...X00 26.00
(3) Multi residential and all nonresidential construction, reconstruction, remodeling,
renovation, repair or addition permit ... 75.08 78.75
(b) Expedited plan review service for special projects. A "special project" is defined as
a project having a development order, or any other project as determined by the city
manager, or designee, as having special interest to the city. The services will cover the
public works department review. Outside source review will be the preferred method.
Outside source review fee: Actual cost plus 15 percent*
*Fifteen percent is the administrative fee to cover the cost of processing.
In-house review fee: $250.00 262.50
(c) The fee required under this section may be waived by the director of public works
for governmental entities and agencies.
DIVISION 12. MANAGEMENT AND BUDGET DEPARTMENT
Sec. 2-499. Service fees.
Expenses to be incurred by the city in connection with the administration of local
business tax receipts and permits have been determined and shall be reimbursed to the
city through the imposition of a service charge in the amount of $3-:99. 3.50 This
nonrefundable service charge is in addition to and shall be paid separately from any
assessment, and shall be payable at the time of application or request for services
provided pursuant to the following sections of the city Code: 2-207; 2-234; 2-269; 3-23;
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3-29; 3-59; 18-4; 18-40; 18-293; 19-2; 19-6; 22-12; 31-50; 38-11; 38-12; 42-6; 54-3; 54-
43; 54-305; and 62-156.
ARTICLE VI. LOBBYISTS
Sec. 2-654. Registration; fee; disclosure requirements; log of registered
lobbyists; exemptions from payment of fee.
(a) A person may not lobby a city official, a city board member, the city manager or city
staff, until such person has registered as a lobbyist with the city clerk. Such registration
shall be due upon initially being retained as a lobbyist by a principal, prior to any type of
lobbying activity, and shall be renewed on a yearly basis thereafter. The annual
registration fee for each lobbyist shall be $500.90 525.00 as an initial registration fee,
plus an additional fee of $400:00 105.00 for each principal represented for each issue
lobbied on behalf of any one principal. The registration fees required by this section
shall be deposited by the city clerk into a separate account and shall be expended for
purposes of recording, transcription, administration and/or any other associated costs
incurred in maintaining these records for availability to the public. The city commission
may, in its discretion, waive the registration fee in demonstrated instances of financial
hardship. Regardless of the date of the initial registration, all lobbyists' registrations shall
expire December 31 of each calendar year, and shall be renewed on a calendar year
basis.
(b) Every person required to register as a lobbyist shall:
(1) Register on forms prepared by the city clerk;
(2) Pay an initial registration fee of $500.90 525,00, plus an additional fee of $44G-.00
105.00 for each principal represented and for each issue the lobbyist has been retained
to lobby on behalf of any one principal; and
(3) Disclose, under oath, the following information:
a. Lobbyist's name and business address;
b. Name and business address of each principal represent;
c. The specific issue on which he or she has been retained to lobby; and
d. If the lobbyist represents a corporation, partnership or trust, the name and business
address of the chief officer, partner or beneficiary of the corporation, partnership or trust
and the names and addresses of all persons holding, directly or indirectly, at least five
percent ownership interest in said corporation, partnership or trust. A separate
registration form shall be filed by the lobbyist and an additional fee of $100.00 105.00
shall be paid for each principal represented and for each issue the lobbyist has been
retained to lobby on behalf of any one principal. Such issue shall be described with as
much detail as is practical, including, though not limited to: a specific description (where
applicable) of a pending request for proposals, invitation to bid, ordinance, resolution, or
a given item on the agenda. The city clerk or the clerk's designee shall reject any
registration statement which does not provide a clear description of the specific issue on
which such lobbyist has been retained to lobby. Lobbyists shall register on or before
April 1, 1997, and yearly thereafter, in accordance with the provisions of this section.
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(c) In addition, every registrant shall be required to state under oath the existence of
any direct or indirect business association, partnership, or financial relationship with the
mayor, any member of the city commission, any member of a city board, the city
manager or a member of the city staff before whom he lobbies, or intends to lobby.
(d) The city clerk shall maintain a log, which shall be updated on a quarterly basis by
April 15, July 15, October 15 and January 15 of each year, reflecting the lobbyist
registrations filed in accordance with this section and shall be distributed to the mayor
and city commission.
(e) The mayor, all members of the city commission, of city boards, the city manager
and city staff shall be diligent to ascertain that persons required to register pursuant to
this section have complied, by requesting record of compliance from the city clerk. The
mayor, members of the city commission, of city boards the city manager and city staff
may not knowingly permit a person who is not registered pursuant to this section to
lobby.
(f) Each person who withdraws as a lobbyist for a particular principal shall file an
appropriate notice of withdrawal concerning representation for that principal. There shall
be no fee required for filing a notice of withdrawal.
(g) The validity of any action or determination of the city commission or any other city
board or committee shall not be affected by the failure of any person to comply with the
provisions of this section.
(h) The following persons shall be required to register but will be exempt from paying
the registration fee:
(1) A person who, pursuant to the terms of a collective bargaining agreement, has
been designated and is so recognized by the city as a representative of a collective
bargaining unit composed of city employees;
(2) A person(s) appearing before the commission, committee, or board on behalf of the
community's interest, as a volunteer and without compensation, representing the
position of a bona fide community organization such as a taxpayers' association, a civic
or homeowners' association, a public interest group, a chamber of commerce, or a
merchants' association.
(i) All registration forms shall be open to the public upon the filing thereof.
ARTICLE X. CODE ENFORCEMENT
Sec. 2-817. Administrative costs, fines; liens.
(a) The board or special master, upon notification by the code inspector that an order
has been complied with within the time specified in the order, shall accept such
notification as acknowledgment of compliance and no fines shall be imposed.
(b) The board or special master, upon notification by the code inspector or city attorney
that an order of the board or special master has not been complied with by the set time
for compliance, may order the violator(s) to pay a fine of not more than $259.09 262.50
per day per violation that continues past the date set for compliance by the notice of
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violation, unless the violation is of article 8.1 entitled "Tree Protection" of Ordinance No.
11000, the Zoning Ordinance of the City of Miami or of article 13 entitled "Mural
Regulations" of this Code, then the fine will not exceed $1,000.00 1,100.00 per day per
violation, and not more than $5,000.00 5,250.00 per day per violation for a repeat
violation. However, if a code enforcement board or special master finds the violation of
article 8.1 entitled "Tree Protection" of Ordinance No. 11000 of the zoning ordinance of
the city or of article 13 entitled "Mural Regulations" of this Code.
(c) In determining the amount of the fine, if any, the board or special master shall
consider the following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(d) An enforcement board or special master may reduce a fine once a violator has
complied with the order, and for good cause shown. The board or special master
however, hereby authorizes the city to mitigate fines with violators, provided that the
total amount of the daily fine imposed by the enforcement board or special master may
only be reduced to the percentage stated in the schedule below:
TABLE INSET:
Number of
Days Fine
Outstanding
Total Fine
Mitigation
(percent)
1--30
25
31--60
30
61--90
35
91--120
40
121--150
50
151--180
60
181--210
70
211--240
80
241--270
90
271 and up
100
Any reduction below the percentages set forth above must be brought before the board
or special master for its approval. If subject fine is reduced and violator fails to pay said
reduced fine within a period of 20 days from the day the offer to settle is made, then the
original fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of
prosecution, if any, which have been incurred by the city with respect to such violation.
(e) A certified copy of an order imposing a fine shall be recorded in the public records
and thereafter shall constitute a lien against the land on which the violation exists and
upon any other real or personal property owned by the violator and upon petition to the
circuit court such order may be enforced in the same manner as a court judgment by
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the - sheriffs of this state, including levy against personal property, but shall not be
deemed otherwise to be a judgment of a court except for enforcement purposes. Any
fine imposed pursuant to this part shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to
this section, whichever occurs first. After three months from filing of any such lien which
remains unpaid, the city attorney shall be automatically authorized by the board or the
special master to foreclose on the lien and the city shall make a determination within 45
days whether to proceed with foreclosure action. Once a determination to foreclose has
been made, the city attorney shall promptly institute foreclosure proceedings. No lien
created pursuant to F.S. ch. 162 may be foreclosed on real property which is a
homestead under section 4, article X of the state constitution. The city attorney shall
report to the board or special master at each meeting with respect to any foreclosure
actions that have been instituted as well as any decision not to foreclose with respect to
a lien.
(f) No lien provided by the Local Government Code Enforcement Boards Act shall
continue for a longer period than 20 years after the certified copy of an order imposing a
fine has been recorded, unless within that time an action to foreclose on the lien is
commenced in a court of competent jurisdiction. In an action to foreclose a lien, the
prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that
it incurs in the foreclosure. The continuation of the lien affected by the commencement
of the action shall not be good against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens is recorded.
(g) The board or special master may issue an order requiring payment of such
administrative costs not to exceed $50.00 52.50when said costs are found to have been
incurred as a result of necessary actions taken by the petitioner to bring about code
compliance.
(h) (1) Notwithstanding any other provision contained in the Code, the city manager
may authorize a subordinate lien position on loans for the finance or refinance of
construction improvements, or release or satisfy any lien placed on a property by the
city or by any of its agencies and instrumentalities if:
(i) The property is used for the development of an affordable homeownership housing
project by a project sponsor that has been allocated funds by the city commission or the
city housing and commercial loan committee for such project, or
(ii) The property is located in a home ownership zone and is used for the development
of an affordable homeownership housing project in accordance with the five-year
consolidated plan.
(2) City liens which may be subordinated, released or satisfied include but are not
limited to: demolition liens, lot clearing liens, solid waste liens, code enforcement liens
and nuisance abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the city manager, circumstances relating to
the project make the release or satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued within 24
months of the lien or liens being subordinated, the subordination of the lien or liens shall
City of Miami Page 7 of 98 Printed On: 10/16/09
become null and void unless the city manager approves an extension for the certificate
of occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records
of the county.
(5) The city shall not release or satisfy any lien on a property owned by the person
whose actions resulted in the lien being placed on the property. The city shall not
release or forgive any lien on a property owned by an immediate family member or a
firm, corporation, partnership or business entity of a person whose actions resulted in
the lien being placed on the property. For purposes of this section, the term "person"
shall mean any individual, business, corporation partnership, firm, organization or other
type of entity or association. For purposes of this section, the term "immediate family
member" shall mean spouse, child, parent, niece, nephew, aunt, uncle, grandparent,
grandchild or anyone having one of these relationships by law.
(6) Release or subordination of a lien under this section shall not prohibit the city from
collecting the underlying fine/sum due by other legal means. Release of a lien pursuant
to this section shall not be deemed to mean that a violation underlying the lien has been
cured.
Sec. 2-829. Schedule of civil penalties.
(a) The table contained herein in subsection (b) lists the sections of city ordinances or
the city Code, as they may be amended, from time to time, which may be enforced
pursuant to the provisions of this article; and prescribes the dollar amount of civil
penalty for the violation of these sections. For all contested tickets, an additional ten
percent will be charged.
(b) The "descriptions of violations" below are for informational purposes only and the
civil penalties attached are meant only as proposed figures not intended to limit the
nature, number of or amount of fines to be imposed for the violations which may be
cited in this section. To determine the exact nature of the activity prescribed or required
by this Code, the relevant Code section, ordinance or treatise cited in the specific
violation must be examined.
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
TABLE INSET:
Code
Description of Violation
Civil
Section
Penalty
2-207
Failure to have a valid certificate of use.
$400.90
105.00
2-265
Construction in right-of-way, nonconforming with public
2-00
works standards.
210.00
10-63
Maintaining a vacant, blighted, unsecured or abandoned
4,-99&99—
structure
1050.00
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17-72
Failure to obtain permit to trim trees located in the public
50.00 —
right-of-way.
52.50
17-72
Failure to obtain required permit for removal of trees
800.09—
located in the public right-of-way.
525.00
Failure to obtain permit to break, deface, cut, disturb, or
17-73
interfere in any way with the roots of any tree, shrub, or
208-00__
vine in a public highway or park.
210.00
Failure to place guards around all nearby trees, shrubs or
299.00
17-76
vines in a public highway or park during construction of a
210.00
building.
17-77
Placing injurious substances on or near tree roots.
509.00
525.00
19-2.1
Failure to have valid fire safety permit.
100.00
19-3
Failure to obtain public assembly permit.
X88. —
105.00
19-4
Obstructing a required means of egress.
x-88.09-
105.00
19-5
Failure to obtain flammable combustible liquids permit.
i 99•n�
105.00
19-5(d)
Failure to obtain required inspection of flammable liquids
100.00—
tanks/devices.
105.00
19-6
Failure to obtain explosives permit.
108'90---
105.00
19-7
Failure to obtain fireworks permit.
i 89.00 --
105.00
19-26
Violation orders not corrected.
499,09
105.00
22-116,
Failure to maintain lot in a safe, clean condition not
209.00
22-117
allowing accumulation of debris, trash or a dense growth of
210—
grass.
22-146
Abandoned property on private property in the city.
500.99
525.00
29-1
Landfill --Permit required.
209: 09
210.00
29-1
Failure to obtain fill permit prior to obtainment of building
200.00 —
permit.
210.00
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29-1
Filling land with unsuitable material.
525.00
29-4
Failure to level stockpiled material within a reasonable
200.09 —
period of time.
210.00
29-4
Failure to protect against excess erosion of filling material.
200.90
210.00
29-4
Filling dedicated or undedicated public right-of-way with
000.00—
unsuitable material.
525.00
29-5
Failure to notify public works department 24 hours prior to
200.00
start of filling operation.
210.00
29-53
Failure to obtain mandatory inspections for filling land in
200.00
Biscayne Bay.
210.00
29-53
Failure to obtain final inspection for filling land in Biscayne
500.00—
Bay.
525.00
29-54
Filling in Biscayne Bay in violation of the provisions of this
''�09
article.
210.00
29-83
Failure to obtain waterfront improvement permit.
200.09
00:90210.00
210.00
29-93
and 29-
Failure to obtain required inspections for waterfront
200.^00
94
improvements.
210.00
29-95
Failure to maintain waterfront improvements.
508-00-
525.00
31-26
Failure to have a valid local business tax receipt.
250.90
262.50
35-10
Parking for certain purposes prohibited:
No person shall park a vehicle upon any street or
(a)
within the public right-of-way for the unlawful
200.00
purposes as per subsections (a)(1), (2), (3), (4) and
210.00
(5).
(b)
No person shall park a commercial vehicle, bus,
i 00-88—
trailer or semi -trailer upon any street or within the
105.00
public right-of-way in any zoned residential district.
(c)
No person shall park upon any street or within the
public right-of-way in any zoned residential district of
105.00
the city a truck of unlawful size.
(d)
Unlawful parking of construction equipment such as
40098—
earth moving machines, excavators, cranes and the
105.00
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City of Miami Page 11 of 98 Printed On: 10/16/09
like within the public right-of-way in any zoned
residential district.
Unlawful parking of major recreational equipment
such as travel trailers, pickup campers, tents, boats
(e)
and boat trailers, combination thereof and other
100.90
similar equipment, whether occupied by such
105.00
equipment or not upon any street or within the public
right-of-way.
35-25 et
Violation of the dangerous intersection safety article:
seq.
First offense.
$42-5�
131.25
Second offense.
2nn
262.50
Each additional offense.
$989:-08
525.00
49-2
Unlawful discharge of petroleum products into storm or
2-89-90—
sanitary sewers.
210.00
49-3
Unlawful discharge of human excreta.
508.88
525.00
Unlawful discharge of wastewater from construction
200.0049-4
excavation into city storm sewer.
210.00
49-5
Discharge or dumping of septic tank contents into city
50040
storm or sanitary sewers.
525.00
Failure to obtain permit to obstruct street, or sidewalk or
54-3
impede traffic or failure to pay usage fee. Daily usage fee
250..00
will be required to be paid in addition to payment of the
262.50
applicable penalty
54-3
Failure to comply with conditions set forth by such permit,
258-09
each violation.
262.50
54-8
Unlawful use of street or sidewalk for advertising or display
250..0
purposes.
262.50
54-8
Failure to obtain permit for lawful advertising or display in
250.99
the public right-of-way.
262.50
54-9
Placing signs on street or sidewalk surface.
25M262.50
54-12
Placing glass or other injurious substances on streets.
ern n��52.50
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54-14
Failure to remove utility facilities to permit improvement of
58:80=
streets.
52.50
54-41
Failure to notify public works 24 hours prior to commencing
50.90
construction.
52.50
54-42
Disturbing, cutting, digging or excavating any portion of the
200.99
public right-of-way without a permit.
210.00
54-44
Failure to construct sidewalk with standard material.
58.00 --
52.50
54-47
Failure to obtain approval of location and construction of
59.90
driveway.
52.50
54-48
Refusing to allow inspection.
190.00--
105.00
54-48
Failure to comply with stop work order.
290.00 -
210.00
54-51
Failure to obtain proper street grade and lines.
59.90--
52.50
54-52
Failure to lay sewers, water and gas mains, telephone and
20Q.C)Q
electrical conduits prior to street improvements.
210.00
54-54
Allowing sidewalks to remain in dangerous condition.
500 -
52.50
54-56
Failure to construct, reconstruct, or repair the street
259.00
improvements.
262.50
54-57
Obstructing streets or sidewalks with trash lumber or other
500
obstructions.
52.50
Failure to obtain proper permits or authorization for
54-86
placement of a bench or a shelter upon public right-of-way.
50.09
52.50
54-91
Failure to maintain proper clearances for placement of a
50.00 -
bus bench or shelter.
52.50
54-92
1
Failure to properly maintain a bench and/or shelter.
50.09
52.50
54-93
Failure to comply with bench and/or shelter size
50.05
requirements.
52.50
54-94
Failure to properly display name/address, and local
50.09
telephone number of bench and/or shelter company.
52.50
54-132
Failure to properly affix numbering to building as required.
400.09 -
105.00
City of Miami Page 12 of 98 Printed On: 70116109
SOUTH FLORIDA FIRE PREVENTION CODE
TABLE INSET:
Section
Unlawful placement of any sign designating street, avenue
50.00
54-134
or other public place by a different name than by which it is
$489.00
105.00
5-208
generally and legally known.
52.50
54-135
Defacing or removal of any street signs posted in the city.
58:88 --
52.50
5-302(a)(b)
Unlawful construction or installation of an encroachment
10000
105.00
54-193
within the dedicated right-of-way or within the undedicated
289-98--
6.201
right-of-way.
210.00
54-221
Operating a sidewalk cafe without a permit.
590.09--
525.00
54-263
Placing, maintaining, or operating newsrack on any public
50.00
right-of-way without a permit.
52.50
54-266
Installation, use and/or maintenance of nonconforming
50.09--
newsrack.
52.50
54-268
Allowing a newsrack to remain in a state of abandonment.
50.00
52.50
54-300
Failure to obtain telecommunications permit agreement.-
525.00
Failure to notify public works department in writing ten days
58-89-
54-309
prior to commencement of construction of a
52.50
telecommunications system.
SOUTH FLORIDA FIRE PREVENTION CODE
TABLE INSET:
Section
Description of Violation
Civil Penalty
5-207(a)
Blocking/parking in emergency accesslfire lane(s).
$489.00
105.00
5-208
Required address number missing.
489.90
105.00
5-301(a)
Fire extinguisher(s) missing.
499.99
105.00
5-302(a)(b)
Fire suppression systems need service.
10000
105.00
5-302(c)
Fire extinguisher needs service.
490.99
105.00
6.201
Excessive combustible trash exterior of building.
400.90
105.00
6.401(a)
Nonconforming extension cord.
488.99
City of Miami Page 13 of 98 Printed On: 10/16/09
AUTOMOTIVE AND MARINE SERVICE STATIONS
AUTOMOTIVE AND MARINE SERVICE STATION CODE--NFPA #30A--1984 EDITION
TABLE INSET:
Chapter/Section
Description of Violation
105.00
8.110(a)
Room capacity is not posted.
109.00
105.00
8.110(b)
Number of occupants exceeds approved capacity.
200.09
210.00
14-62
Refusal to allow inspector to make inspection.
X00'00
105.00
42.101
Elevator key box missing.
i 00'00
105.00
42.101
"Do not use elevator" sign missing.
499:00
105.00
42.101
Electric rooms missing door signs.
a 95:-00
105.00
42.101
LP gas meter not identified.
489
105.00
42.101
LP gas shutoff valve damaged/missing.
48-99
105.00
42.101
LP gas container and/or gas meter not protected.
X00'00
105.00
42.101
Electric meters not identified.
4:80
105.00
42.101
Violations of dangerous or hazardous conditions not
corrected.
189-00
105.00
42.101
Nonconforming spray finish operation.
--
210.00
42.101(c)
Excess combustible trash interior of building.
400-00
42.101(f)
Second means of escape obstructed.
��1��110//��5//.l�00
210.00
AUTOMOTIVE AND MARINE SERVICE STATIONS
AUTOMOTIVE AND MARINE SERVICE STATION CODE--NFPA #30A--1984 EDITION
TABLE INSET:
Chapter/Section
Description of Violation
Civil Penalty
Chapter 2
Nonconforming storage of flammable and
$2�:^�—
combustible liquids.
210.00
City of Miami Page 14 of 98 Printed On: 10/16109
2-3.5.1
Nonconforming vent pipes.
200.00
4-1.2
Emergency shutoff for all dispensers is not
290.00
remote.
210.00
4-2.5
Dispensing units are not protected.
200-00--
5-2.1.8
Stairwaylexit doors are secured in the open position.
210.00
4-2.6
Dispenser hose exceeds approved length.
Inn nn
200.00
5-2.2.3.4
Nonconforming storage room under interior stairs.
210.00
4-2.6
Nonconforming dispenser hose.
209.09
210.00
4-2.6
Automatic hose retractors not operable.
200.09 -
210.00
4-3.6
Emergency shutoff valve needs annual test.
199.99
105.00
8-1.1
Nonconforming hose nozzle valve.
180-80
105.00
8-4.8
Warning signs not posted.
1��
105.00
LIFE SAFETY CODE--NFPA #80--1985 EDITION
TABLE INSET:
Section
Description of Violation
Civil Penalty
2-8.8.1
Required self-closers/latching devices missing.
488-00-- 105.00
LIFE SAFETY CODE--NFPA #101--1985 EDITION
TABLE INSET:
Section
Description of Violation
Civil Penalty
5-2.1.4.1
Stairway/exit doors do not swing in the way of exit
18028
travel.
105.00
5-2.1.5.3
Nonconforming locking device on exit doors.
490.00
105.00
5-2.1.8
Stairwaylexit doors are secured in the open position.
180.Q -Q-
105.00
5-2.2.3.4
Nonconforming storage room under interior stairs.
no nom ----
105.00
5-2.2.5.2
Exit doors locked from stairway side.
i 90.09
105.00
City of Miami Page 15 of 98 Printed On: 90/16/09
5-10.3.1
Exit signs are not properly illuminated.
fl nn nn105.00
7-5.2
Laundry chute is not properly self-closing and
I QQ.n-
latching.
105.00
7-5.2
Laundry chute room door is not properly self-closing
100.n�----
and latching.
105.00
7-5.2
Rubbish chute is not properly self-closing and
1O0.Q0
latching.
105.00
7-5.2
Waste chute room door is not properly self-closing
100 .00
and latching.
105.00
9-2.4.1
Inadequate number of exits (class A).
T00.00
105.00
9-2.4.2
Inadequate number of exits (class B).
i09..n�n----
105.00
9-2.4.3
Inadequate number of exits (class C).
;190 .90
105.00
9-2.5.1
Required exits are not remote from each other.
nn nn
105.00
9-2.5.5.9
Width of required aisles is not properly maintained.
199.90
105.00
9-2.6
Nonconforming travel distance.
i99.90
105.00
9-2.7.1
Nonconforming exit discharge.
9.90
105.00
9-2.8.1
Lighting inadequate for means of egress.
i 98-09105.00
9-2.9
Emergency lighting is not provided.
-r
vv. nv105.00
9-2.10
Required exit signs are not provided.
i99.09105.00
9-2.11.1
Panic hardware not provided.
1 nn nn
105.00
9-3.1
Vertical opening is not protected or enclosed.
I QQ.QQ
105.00
11-1.7.1
Occupant load exceeds approved capacity.
i 0n n�105.00
11-2.3.3.1
Exit access corridor width is nonconforming.
290,00
City of Miami Page 16 of 98 Printed On: 10/16/09
City of Miami Page 17 of 98 Printed On: 10/16/09
210.00
11-2.4.1
Inadequate number of exits.
210.00
11-2.6
Nonconforming travel distance.
12.0.00105.00
11-2.7
Exit discharge is nonconforming.
100.00105.00
11-2.8
Exit lighting inadequate.
i 00.00
105.00
11-2.11.5
Emergency rescue or ventilation window not
200.-0 0 -
provided.
210.00
11-2.11.5
Window from classroom is not provided (12 or more
299.O8 -
clients).
210.00
11-3.1.1
Vertical openings are not enclosed or protected.
2=9Q9
210.00
11-3.3.1
Interior finish is not conforming.
299.9�
210.00
11-3.4
No fire alarm system.
220.99-
210.00
11-3.6.1
Nonconforming interior corridor.
290.09
210.00
Inadequate fire rating of exit corridor (12 or more
200.0011-3.6.1
clients).
210.00
11-7.1.2
Nonconforming separation between day care and
2ee.ee
other occupancy.
210.00
11-7.2.4.1
Inadequate number of exits.
209.90
210.00
11-7.2.6.2
Nonconforming travel distance.
2 Q 0. Q 9
210.00
11-7.2.9
Emergency lighting is not provided (12 or more
X98:00
clients).
105.00
11-7.2.10
Exit signs are not provided (12 or more clients).
199.90-
105.00
11- .2,11.1
Nonconforming latch on closet door.
100.00
11-
2
Nonconforming lock on bathroom door.
00
11 2
105
City of Miami Page 17 of 98 Printed On: 10/16/09
11-7.3.1
Vertical openings are not protected.
200.00
210.00
11-7.3.2
Hazardous areas are not properly protected (12 or
100:00
more clients).
105.00
11-7.3.3.1
Interior finish is not conforming.
280:80
210.00
11-7.3.4.1
Fire alarm system missing/nonconforming.
289:99
210.00
11-7.5.1.2
Protective covers for electrical receptacles are not
190.00
provided.
105.00
11-8.3.4.1
Smoke detectors are not provided (7--12 clients).
480.00-
105.00
11-8.3.4.2
No smoke detection system in corridors (7--12
100.00 -
clients).
105.00
17-2.4.1
Inadequate number of exits.
290.00
210.00
17-2.7.1
Nonconforming exit discharge.
200.90
17-2.7.2
Exit discharges through interior of building.
200.09
210.00
17-3.1.1
Vertical opening is not enclosed or protected.
209,00
210.00
17-3.2.2
Hazardous areas are not properly protected.
a oo.09
105.00
17-3.4.4
Single station smoke detectors required in
109.00-
guestrooms.
105.00
17-3.6.2
Nonconforming door between guestroom and interior
200.00
corridor.
210.00
17-3.6.3
Doors between guestrooms and corridors are not self-
480.00 -
closing.
105.00
19-2.4.1
Inadequate number of exits.
299.00
210.00
19-2.7.1
Nonconforming exit discharge.
200"00
210.00
19-2.7.2
Nonconforming exit (buildings three stories or less).
299.00
19-2.7.2
Nonconforming exit (buildings four stories or less).
200-90
City of Miami Page 18 of 98 Printed On: 10/16/09
City of Miami Page 19 of 98 Printed On: 10/16/09
210.00
19-2.9.1
Emergency lighting is not provided.
!100.00
105.00
19-2.10.1
Exit signs are not provided.
x89.08-
105.00
19-3.1.1
Vertical opening not protected (buildings four stories
2-00.00
or more).
210.00
19-3.1.1
Vertical opening not protected (buildings three stories
2So:0n-
or less).
210.00
19-3.2.1
Hazardous area not protected or separated.
299.00
210.00
19-3.4.1
Fire alarm system required.
288210.00
19-3.4.4.1
Single station smoke detectors required in all living
200.00
units.
210.00
19-3.6.1
Exit access corridor not protected.
200.00
210.00
19-3.6.2
Doors between living units and corridors not self-
200.00
closing and latching.
210.00
19-3.6,3
Doors between living units and corridors not fire
200.00
rated.
210.00
19-3.7.1
Smoke barrier in exit access corridor not provided.
299.00
40.G'0210.00
210.00
19-26
Violation orders not corrected.
!199.00
105.00
20-2.1.2
No second means of escape or alternate protection.
289,88
210.00
20-3.1.1
Vertical opening not enclosed or protected.
�n�
0-88210.00
20-3.3.2
No fire alarm system.
20)9.09
210.00
20-3.3.4
No single or multiple station smoke detectors.
290v9
210.00
20-3.4
Transfer grills, transoms, louvers in exit corridors.
!109.09
105.00
20-3.4
Guestroom doors to corridors not self-closing and
199.89
latching.
105.00
City of Miami Page 19 of 98 Printed On: 10/16/09
25-2.4.1
Inadequate number of exits for class A and class B
2 0- Q
stores.
210.00
25-2.4.2
Inadequate number of exits from class C stores.
200,00
210.00
25-2.5.5
Required aisle width inadequate.
199 80
105.00
25-2.5.6
Inadequate aisle width for class A store.
T-v -
9a.ns
105.00
25-2.5.6
No automatic sprinkler system.
590.90
525.00
25-2.6
Nonconforming travel distance.
290.00
210.00
25-2.7
Nonconforming exit discharge.
290.99
210.00
25-2.8
Exit illumination is inadequate.
�I n�99105.00
25-2.9
Emergency lighting is not provided for class A and
100.00
class B stores.
105.00
25-2.10
Exit signs are not provided.
�I n�0105.00
25-3.1
Vertical openings are not protected or enclosed.
29.89
210.00
25-3.2.1
Hazardous area is not protected or separated.
1 QQ
100 5.00 0
27-2.4
Inadequate number of exits.
209.00
210.00
Common path of travel or dead-end corridor exceeds
109.0027-2.5.2
50 feet.
105.00
27-2.6
Nonconforming travel distances.
209.90
210.00
27-2.7.1
Nonconforming exit discharge.
209.99
210.00
27-2.7.2
Exit discharges through interior of building.
200.99--
210.00
27-2.8
Exit lighting is inadequate.
1-090105.00
27-2.9.1
Emergency lighting is not provided.
Inn .P -T_
TOO
City of Miami Page 20 of 98 Printed On: 10/16/09
City of Miami Page 21 of 98 Printed On: 10/16/09
105.00
27-2.10
Exit sign is not provided.
--�vn�. cv
�i105.00
27-3.1.1
Vertical opening is not protected or enclosed.
=�e.Qa
210.00
27-3.2.1
Hazardous area is not protected or separated.
1100 .90
27-3.4.1
Fire alarm system required.
200.99
210.00
27-4.2.1
No approved sprinkler system for building over 75
feet.
X500 nn
525.00
28-2.4.1
Inadequate number of exits.
200.00
tiv.0v210.00
210.00
28-2.6.1
Nonconforming travel distance.
200.90
210.00
28-2.7
Nonconforming exit discharge.
290'00
210.00
28-2.7.2
Exit discharges through interior of building.
200.09210.00
28-2.9.1
Emergency lighting is not provided.
4100.99
105.00
28-2.10.1
Exit signs are not provided.
nn nn
90
i .09 -
105.00
28-3.1.1
Vertical openings are not protected or enclosed.
290.E
210.00
29-2.4.1
Inadequate number of exits.
�?W.Qti210.00
29-2.6.1
Nonconforming travel distance.
2Qe.Qo210.00
29-2.7
Nonconforming exit discharge.
209 .90
210.00
29-2.7.2
Exit discharges through interior of building.
209.00
210.00
29-2.8.1
Exit lighting is inadequate.
499.99
�-znT
105.00
29-2.9.1
Emergency lighting is not provided.
Iv0-ve105.00
29-2.10
Exit signs are not provided.
r---
100.00
105.00
City of Miami Page 21 of 98 Printed On: 10/16/09
29-3.1.1
Vertical opening is not enclosed or protected.
200 nn
4-2.5.1
Inadequate clearance below sprinkler heads.
210.00
31-1.2.1
Means of egress is obstructed.
9().()()
nnn105.00
8-6
Metal waste cans required.
105.00
31-1.3.1
Single/multiple station smoke detector needs
i 00 .00
servicing/replacing.
105.00
31-1.3.1
Emergency lighting is not operable.
498.99
105.00
31-1.3.1
Required self-closers/latching devices inoperative.
1 nn nn105.00
31-1.3.1
Fire escape stairs need maintenance.
100.00
fir0v:l.iv105.00
105.00
31-1.6
Excessive storage of flammable liquids.
i 00.00
105.00
31-1.6
Improper storage of flammable liquids.
Tnn 00
105.00
31-3.1.2
Fire drills not conducted.
499.00
105.00
31-3.4.4
Wastebaskets/waste containers are nonconforming.
i 00.00
105.00
31-6.4.1
Emergency exit diagram missing.
i
LIFE SAFETY CODE—NFPA #13-1989 EDITION
TABLE INSET:
Section
Description of Violation
Civil Penalty
4-2.5.1
Inadequate clearance below sprinkler heads.
$100.09— 105.00
LIFE SAFETY CODE—NFPA #33-1989 EDITION
TABLE INSET:
Chapter/Section
Description of Violation
Civil Penalty
Chapter 8
Dangerous accumulation of combustible
$1290.00
residue inside spray booth.
210.00
8-6
Metal waste cans required.
109.09
105.00
8-11
"No smoking" signs missing.
i 09 .99
105.00
LIFE SAFETY CODE—NFPA #14-1990 EDITION
City of Miami Page 22 of 98 Printed On: 10/16/09
TABLE INSET:
Section
Description of Violation
Civil Penalty
4-1
Department of fire -rescue connections
$100.99
4A-
36.103(13)
obstructed/need caps.
105.00
LIFE SAFETY CODE—NFPA #30-1990 EDITION
TABLE INSET:
Chapter/Section
Description of Violation
Civil Penalty
Chapter 2
Nonconforming storage of flammable and
$200.08
4A-
36.103(13)
combustible liquids.
210.00
LIFE SAFETY CODE—NFPA#96-1991 EDITION
TABLE INSET:
Section
Description of Violation
Civil Penalty
8-2.1
Extinguishing system for kitchen hood not serviced.
$109.00
4A-
36.103(13)
Number of occupants exceeds approved capacity.
105.00
STATE FIRE MARSHAL UNIFORM RULE
TRANSIENT PUBLIC LODGING ESTABLISHMENTS
TABLE INSET:
Section
Description of Violation
Civil
Penalty alty
4A-36.102
Inadequate staffing ratio.
�
t4'.7210.00
4A-
36.103(13)
Number of occupants exceeds approved capacity.
Q. --
PB
210.00
4A-
36.302(11)
Nonconforming locks.
105.00
4A-
Fire evacuation plans and fire drills are not provided.
100-90
36.302(12)
105.00
4A-
Day care located on a floor above the height
280 00
36.302(13)
permitted for the type of construction.
210.00
4A-43.010
No sprinkler system.
590.00
525.00
4A-43.011
No standpipe and hose system.
588-80
City of Miami Page 23 of 98 Printed On: 10/16/09
CONVENIENCE STORES
FLORIDA STATUTES --CHAPTER 812
TABLE INSET:
Section
Description of Violation
525.00
4A-43-009
No automatic smoke detection.
590.00
90-346
Parking area lighting report required.
525.00
90-346
Electrically supervised fire alarm system needs
100.004A-48
90-346
service.
105.00
CONVENIENCE STORES
FLORIDA STATUTES --CHAPTER 812
TABLE INSET:
Section
Description of Violation
Civil Penalty
90-346
Drop safe or cash management device missing.
190.99-105.00
90-346
Parking area lighting report required.
198-08-- 105.00
90-346
Cash limitations sign missing.
100.00 105.00
90-346
Excessive window signage.
1 105.00
90-346
Excessive window tinting.
180-08- 105.00
90-346
No height marker at entrance.
100 89- 105.00
ZONING ORDINANCE 11000
TABLE INSET:
Article
Section
Description of Violation
Civil
Penalty
9
917.12
Parking/storage of inoperable vehicles.
$ 50`00
52.50
9
920.3
Illegal parking of commercial vehicles in
490.00 -
residential zone.
105.00
21
2102
Working without a permit, building and/or
509.08 --
roofing, etc.
525.00
4
401
Illegal mechanical repairs prohibited.
209.00
210.00
4
401
Outside sales not permitted.
209.00--
210.00
9
917.3
Parking on unimproved surfaces.
50.00
52.50
9
917.12
Outside storage of miscellaneous materials,
2nn�-
equipment and/or debris.
210.00
9
908.11
Provide vision clearance.
-
525.00
City of Miami Page 24 of 98 Printed On: 10/16/09
21
2103.1
No certificate of use.
090.90
525.00
9
925.2
No sign permit.
525.00
9
920.2.2
Boat in front yard and/or major recreational
100.90
vehicle.
105.00
4
401
Illegal units.
X99:99 -
525.00
9
917.3
Removal of required landscape or failure to
280.00
maintain required landscaping.
210.00
9
906.5,
Use of home as office without certificate of
5099--
2103.3
use.
525.00
9
401
Use of home as a business prohibited.
599.99--
525.00
4
401
More than three unrelated adults in one
590.00 -
dwelling unit.
525.00
9
920.2.3
Recreational vehicle used as living quarters.
209-80 -
210.00
9
920.4
Parking/storage of construction equipment
100.00
prohibited in residential zone.
105.00
Hedge/fence higher than eight feet in
n9
9
908.8
residential zone other than with required
()-.n-
210.00
visibility triangle.
9
908.5,
Carport, awning and/or canopy without
-
908.6
permit.
525.00
4
401
Encroaching in required yards/open space.
50n.no
525.00
4
401
Tree removal without permit
590.99
(environmental).
525.00
4
401
Tree removal without permit
509.09-
(nonenvironmental).
525.00
4
401
Keeping vacant --Unsecured structure which
509-09
is considered a "public nuisance."
525.00
6
612
Failure to provide six-foot high C.B.S. wall.
525.00
4
401
Schedule of district regulations --Illegal
-
roominghouse.
525.00
City of Miami Page 25 of 98 Printed On: 10/16/09
4
906.10
Illegal garage sale.
50.09-
52.50
4
401
Occupying a live -aboard vessel (houseboat
500: -00 -
or housebarge).
525.00
4
908.8
Barbed wire adjacent to residential.
299.-00210.00
9
925.3.12
Temporary political campaign signs.
109.00
105.00
9
937.1
Adult entertainment closer than 600 feet to
599.--
937.3
residential zoned property.
525.00
4
401
Adult entertainment not permitted in C-1
509•n0
zoned property.
525.00
9
920.1
Mobile homes parking prohibited.
509:90--
525.00
4
401
Illegal mixed use.
200.00
210.00
9
Parking truck(s) used as storage space.
209.90
210.00
9
917.12
No required off-street parking to be used as
200.90
storage of materials or supplies.
210.00
4
401
Illegal C.B.R.F. without certificate of use.
509..90
525.00
4
401
Illegal shed.
210.00
4
401
Illegal roominghouse without a certificate of
509:90 ---
use.
525.00
9
917.13
Eliminating or reducing off-street parking
200.08 --
spaces.
210.00
9
917.1
Failure to provide required off-street
500.00 -
parking.
525.00
9
920.1.2
Illegal office trailer.
500.00-
525.00
9
917.3
Removal of handicapped sign.
inn nn
=99.09
210.00
9
908.8
Improperly located fence, wall or hedge.
50,005250
4
401
Unlawfully establishing an unusual or new
7-5.09
City of Miami Page 26 of 98 Printed On: 90/16/09
SOUTH FLORIDA BUILDING CODE VIOLATIONS
TABLE INSET:
City of Miami Page 27 of 98 Printed On: 10/16/09
use without prior approval at public hearing.
78.75
9
917.12
Illegally maintaining or depositing junk or
50.00 -
trash.
52.50
9
920.2.3
Improperly using recreational vehicle or
100.90 -
camping equipment.
105.00
4
401
Maintaining a structure encroaching in
50.00 -
required setbacks.
52.50
9
925.2
Erection, construction, posting, etc., of a sign
100.00
without a permit.
105.00
9
926.5.2
Illegally maintaining blinking or flashing
i QQAQ-
lights, streamer lights, pennants, etc.
105.00
9
926.6
Illegal revolving or rotating sign.
109.09 -
105.00
9
926.5
Illegal use of sign which uses word "stop" or
-
"danger."
105.00
4
401
Illegal neon sign.
i 00.00
0 8105.00
105.00
4
401
Failure to provide adequate number of off-
i 09.09 -
street parking spaces.
105.00
9
917.3
Failure to provide proper surface for parking
490.99
area.
105.00
4
401
Improper use of parking area as commercial
-
parking lot.
105.00
4
401
Illegally operating a business in a residential
250.00
Zone.
262.50
Illegal sale of fruit or merchandise from open
258.00
stands or vacant lots.
262.50
4
401
Failure to conduct a business from a
250.00
completely enclosed building.
262.50
Illegal storage of materials or products or
250 QQ
4
401
illegal storage of materials above the height
262.50
of a wall or fence.
Failure to maintain the wall required to
` 5C).QQ
9
905.2
separate business from residential property.
262.50
SOUTH FLORIDA BUILDING CODE VIOLATIONS
TABLE INSET:
City of Miami Page 27 of 98 Printed On: 10/16/09
Section
Description of Violation
Civil
Penalty
Failure to maintain a building or structure in a safe
100.00-
105.1(A)
condition; failure to maintain devices or safeguards in
105.00
good working order.
105.2
Failure to remove debris equipment, materials, or sheds.
-
105.00
105.3,
�-
305.5,
Failure to secure buildings and equipment.
.00
525.00
3324
201.1(e),
201.3(e)
Failure to comply with lawful work stop order.
599.QQ
525.00
304.1
Failure to display permit card.
59.00
8 0052.50
52.50
305.2
Failure to obtain mandatory inspection.
250.00
262.50
307.5
Unlawfully connecting utility service.
500.99 -
525.00
515
Failure to provide required handicapped accessibility.
50:-88--
52.50
3302.2
(a)
50.00--
52.50
(b)
59:80
52.50
3302.3
Failure to provide temporary sidewalk which is properly
50-00
guarded and not less than five feet wide
52.50
3302.4
Illegal obstruction of an alley or portion thereof in
WAND --
connection with construction or demolition.
52.50
3302.5
Failure to protect sidewalks and pavements from damage
5() -Q0 -
incidental to construction work.
52.50
3306.1
Sidewalk shed --Failure to provide sidewalk shed per
50-00
S.F.B.C.--Subsections (a), (b), (c) and (d).
52.50
3306.2
Failure to provide construction fence per S.F.B.C.
59.09
52.50
3318.8
Failure to prevent the falling of paint or debris over public
-
sidewalks or other places of public use.
52.50
4601
It shall be unlawful to allow sewer or any sanitary waste to
100.00 --
City of Miami Page 28 of 98 Printed On: 10/16/09
(c) Any violation of the code that is not specified within this section, or any other
section of the code or zoning ordinance, shall be assessed a civil penalty of $250.99
262.50.
Section 3. Chapter 3 of the Code is further amended in the following
particulars:{1)
"CHAPTER 3. ALARM SYSTEMS
ARTICLE 11. BURGLARY AND ROBBERY ALARMS
Sec. 3-23. Alarm permits required; fee; renewal; enforcement provisions.
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm
user permit. Violation of this section shall be a misdemeanor of the second degree,
punishable as provided for in F.S. ch. 775.
(b) Applications must be made to the City of Miami Alarm Unit which will issue permits
to alarm users after payment of a $75.00 79.00application fee.
(c) All alarm user permits will expire on September 30 of each year and must be
renewed not later than October 1 of renewal year. Renewal permits will be issued after
completion of an application form and the payment of a $75-00 79.00 renewal fee or a
$25-89 26.50 renewal fee provided there have been no false alarms.
(d) Whenever the police respond to a location where no alarm permit has ever been
issued or the alarm permit has expired for the alarm system generating a false alarm, a
copy of section 3-23 entitled "Alarm permits required; fee; renewal; enforcement
provisions," shall be sent to the alarm user along with written notification as follows:
City of Miami Page 29 of 98 Printed On: 10116109
be discharged onto the ground creating a nuisance and/or
105.00
health hazard
4611.1
Unlawful discharge of rainwater or other liquid wastes or
59.00
(a)
allowing same to be disposed onto or across adjoining
52.50
private or public property or sidewalk.
301
Failure of contractor to get permit.
n .09
262.50
8-1 301
Failure of homeowner to get permit.
209.00
210.00
8-1
All other South Florida Building Code violations
299.00
210.00
(c) Any violation of the code that is not specified within this section, or any other
section of the code or zoning ordinance, shall be assessed a civil penalty of $250.99
262.50.
Section 3. Chapter 3 of the Code is further amended in the following
particulars:{1)
"CHAPTER 3. ALARM SYSTEMS
ARTICLE 11. BURGLARY AND ROBBERY ALARMS
Sec. 3-23. Alarm permits required; fee; renewal; enforcement provisions.
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm
user permit. Violation of this section shall be a misdemeanor of the second degree,
punishable as provided for in F.S. ch. 775.
(b) Applications must be made to the City of Miami Alarm Unit which will issue permits
to alarm users after payment of a $75.00 79.00application fee.
(c) All alarm user permits will expire on September 30 of each year and must be
renewed not later than October 1 of renewal year. Renewal permits will be issued after
completion of an application form and the payment of a $75-00 79.00 renewal fee or a
$25-89 26.50 renewal fee provided there have been no false alarms.
(d) Whenever the police respond to a location where no alarm permit has ever been
issued or the alarm permit has expired for the alarm system generating a false alarm, a
copy of section 3-23 entitled "Alarm permits required; fee; renewal; enforcement
provisions," shall be sent to the alarm user along with written notification as follows:
City of Miami Page 29 of 98 Printed On: 10116109
(1) On nonpermitted accounts, a $75 Q9 79.00 renewal fee will be required, plus a
$200.09 210.00 fine for a total of $275.88-289.00. There will be no police response to
subsequent alarms until the fine and the permit fee are paid.
(2) A response to an alarm system where the permit has expired will result in a $75.99
79.00 renewal fee, plus a $150.00 157.50 fine for a total of $225.80 236.50. There will
be no police response to subsequent alarms until the fine and the permit fee are paid.
(3) All expired permits will be charged a $25:80 26.50 late fee, plus a $� 99 79.00
renewal fee. All expired permits with no false alarms will require a $25.09 26.50 late fee,
plus a $25..09 26.50 renewal fee.
(e) If a business has one or more alarm systems protecting two or more separate
structures having different addresses, a separate permit will be required for each
structure.
(f) To reinstate police service the alarm user must obtain a valid alarm permit pursuant
to section 3-23(b) or (c) and pay all outstanding fines.
(g) Subsections (b) through (f) of this section shall not apply in those situations where
alarm use permits have been revoked under section 3-29.
Sec. 3-24. Application for alarm permit; emergency notification and reporting
service information.
(a) Applications. Applications for alarm permits shall be made on forms provided by
the police department. The initial application shall be accompanied by a fee of $25-98
79.00. The application shall state the name, address and telephone number of the
location where the alarm is installed. If the applicant's alarm is installed and serviced by
an alarm company, then the alarm company must provide the city with their company
name, address and telephone number and obtain the alarm user permit for the applicant
prior to the installation of the alarm system. Noncompliance by the alarm company will
incur a $2-54.80 262.50 fine. Each permit shall be valid until September of the renewal
year. The permit will be valid for one year.
(b) Emergency notification. Each application shall list an emergency telephone
number of the user or his representative to permit prompt notification of alarm calls and
facilities assisting the police in the inspection of the property. Changes in emergency
telephone numbers shall be kept current, and failure to provide updated information
may constitute grounds for revocation of the permit.
(c) Reporting service information. Each holder of an alarm user permit shall
immediately notify the police department in writing of any and all changes in the
information on file with the city regarding such permit. Failure to do so shall constitute
grounds for revocation of the permit.
Sec. 3-29. False alarm service charges; enforcement provisions.
(a) It is hereby found and determined that more than six false alarms within any permit
year is excessive and constitutes a public nuisance.
(b) The activation of false alarms within a permit year will be handled according to the
following escalating service fee schedule:
City of Miami Page 30 of 98 Printed On: 10/16/09
(1) The first and second false alarms will not be billed a service charge. The third false
alarm will be billed a $50.00 52.50 service charge that shall be considered a bill owed
by the alarm user to the city. Failure to make payment within 15 days of receipt of the
bill shall result in a discontinuance of police response to alarms that may occur at the
premises described in the alarm user's permit until payment is received. The fourth false
alarm will be billed a $100.00 105.00 service charge and must be paid within 15 days of
receipt or there will be no further police response. The fifth false alarm will be billed a
$159.00 157.50 service charge and must be paid within 15 days of receipt or there will
be no further police response. The sixth false alarm will be billed a $200-88 210.00
service charge and must be paid within 15 days of receipt or there will be no further
police response.
(2) The seventh false alarm shall result in no police response and shall also result in
revocation of the alarm user's permit in the following manner:
a. The alarm user shall be given ten days' advance written notification that the alarm
user's permit will be revoked, which written notice shall set forth the reasons for such
revocation.
b. The notice shall specify the specific date of revocation, and that the police
department will discontinue responding to alarms that occur at the premises described
in the revoked permit after the date of revocation.
c. False alarms occurring before the effective date of police response termination or
while an appeal is pending pursuant to section 3-28 hereof, will continue to accumulate
service charges which will be billed and handled in accordance with the provisions
hereof.
d. Reinstatement of the permit and police service will be made upon receipt of a letter
from an alarm company licensed in accordance with section 3-22 hereof [to the effect]
that the alarm system is operating properly, that the permit holder has received alarm
system user's retraining on how to properly operate the alarm system, and payment of a
$150.90157.50 reinstatement fee and all outstanding service charges.
(c) For the purposes of this section a permit year will extend from October 1 to
September 30 of the following calendar year.
ARTICLE III. FIRE ALARMS
Sec. 3-59. Fee assessment for false alarms.
Notwithstanding references in this section to false alarms being activated within a
period of 12 consecutive months, there shall be a six-month grace period following the
issuance of an initial or temporary certificate of occupancy by the department of fire -
rescue. Computation of the period of 12 consecutive months shall not include this initial
grace period in order to permit the correction or adjustment of a newly installed alarm
system in a building which has just been constructed. Following the completed
installation of a new alarm system in a previously constructed building, there likewise
shall be a six-month grace period commencing on the date such newly completed
City of Miami Page 31 of 98 Printed On: 10/16/09
installation, after inspection by the department of fire -rescue, receives final approval of
said department.
(1) it is hereby found and determined that more than two false alarms within a period
of 12 consecutive months is excessive and constitutes a public nuisance and creates a
prima facie presumption that the involved alarm system is malfunctioning.
(2) The activation of three or more false alarms in a period of 12 consecutive months
will result in the following:
a. The third and fourth false alarms shall result in a charge for apparatus responding of
$90008 945.00 per engine company or hose company, $49000 1,260 per aerial
company, $2909 210.00 per district chief, and $00009 630.00 per rescue company
per hour. A minimum of 15 minutes per alarm and increments of 15 minutes per
apparatus per alarm will be the baseline for said charges. Apparatus dispatched to
alarms is based on potential need and risk involved for that dispatch zone. This fee shall
be payable to the city upon receipt of said invoice by the alarm user.
b. The fifth false alarm shall result in a charge for apparatus responding of $900:00
945.00 per engine company or hose company, $1,2-09;00 1,260 per aerial company,
$200:08 210.00 per district chief, and $690.99 630.00 per rescue company per hour. A
minimum of 15 minutes per alarm and increments of 15 minutes per apparatus per
alarm will be the baseline for said charges. Apparatus dispatched to alarms is based on
potential need and risk involved for that dispatch zone. This fee shall be payable to the
city upon receipt of said invoice by the alarm user. The alarm user shall also submit,
within 30 days from the date the herein charge invoice is mailed to the alarm user, a
letter from a certified fire alarm company to the fire prevention bureau, certifying that the
alarm system is operating properly.
c. The sixth false alarm shall result in a charge for apparatus responding of $900.09
945.00 per engine company or hose company, $499-00 1,260 per aerial company,
$209.90 210.00 per district chief, and $600.09 630.00 per rescue company per hour. A
minimum of 15 minutes per alarm and increments of 15 minutes per apparatus per
alarm will be the baseline for said charges. Apparatus dispatched to alarms is based on
potential need and risk involved for that dispatch zone. This fee shall be payable to the
city upon receipt of said invoice by the alarm user, and being given written notice that
the occurrence of another false alarm may be cause for revocation of any certificate of
occupancy issued in connection of said building.
d. The seventh false alarm may cause the certificate of occupancy for the alarm user
to be revoked unless an inspection of the alarm system by a fire prevention bureau
representative, and a certified fire alarm company representative results in the finding
by the chief of the fire prevention bureau that the alarm system is working properly.
There will be charged a double fee of $1,800.00 1,890.00 per engine company or hose
company, $2-,4.0 09 2,520.00 per aerial company, $408.0 420.00 per district chief,
and $488 08 1,260.00 per rescue, per hour. A minimum of 15 minutes per alarm and
increments of 15 minutes per apparatus per alarm will be the baseline for said charges.
Apparatus dispatched to alarms is based on potential need and risk involved for that
dispatch zone. This double fee shall also be billed for such seventh alarm and for such
eighth false alarm and for each of all subsequent false alarms which occur within a
period of 12 consecutive months.
City of Miami Page 32 of 98 Printed On: 10/16/09
Section 4. Chapter 4 of the Code is further amended in the following
particulars:{1}
"CHAPTER 4. ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Sec. 4-14. Requirements for restaurants.
(a) A restaurant, cafeteria, or coffee shop/sandwich shop, as defined herein, may only
serve beer/wine upon compliance with the following conditions:
(1) Sale of beer and wine shall be incidental to the sale and consumption of food. Beer
and wine may be consumed both at tables and counters provided it is in conjunction
with the principal and primary consumption of meals.
(2) At least 60 percent of total gross revenues must come from retail sale on the
premises of food and non-alcoholic beverages. The required percentage must be
maintained on a daily basis.
(3) Records of all purchases and gross retail sales of food and non-alcoholic
beverages and all purchases and gross retail sales of alcoholic beverages must be
maintained separately.
(4) The records required in subsection (3) above must be maintained on the premises,
or other designated place approved in writing by the city for a period of three years and
shall be made available within 14 days upon demand by an officer of the city. The city
shall approve written requests to maintain the aforementioned records off the premises
when the place to be designated is the business office, open eight hours per work day,
of a corporate officer, attorney, or accountant; the place to be designated is located in
the city; and the place to be designated is precisely identified by complete mailing
address.
(5) Since the burden is on the holder of the restaurant, cafeteria or coffee
shop/sandwich shop license to demonstrate compliance with the requirements for the
license, the records required to be kept shall be legible, clear, and readable.
(6) The required percentage shall be computed by adding all gross sales of food, non-
alcoholic beverages, and alcoholic beverages and thereafter dividing that sum into the
total of the gross sales of food plus non-alcoholic beverages.
(7) The restaurant, cafeteria or coffee shop/sandwich shop will immediately comply
with any request by the city to audit or inspect the annual receipts of the establishment
for purposes of verifying the percentage of alcoholic beverage sales.
(8) Upon request of the city the restaurant cafeteria, or coffee shop/sandwich shop
shall provide an independent audit by a certified public accountant indicating revenues
derived from the sale of alcoholic beverages.
(9) The written menu should be able to be read by a person with average eyesight
under the existing lighting conditions anywhere in the service area without the need of a
secondary light source.
City of Miami Page 33 of 98 Printed On: 10/16/09
(10) A majority of the food listed in the written menu shall be available while the
business is open.
(11) No alcoholic beverages shall be sold after the hours of serving food.
(b) Restaurants holding a valid 4COPSRX license issued by the state shall be exempt
from the provisions of this section, but instead shall be subject to all the rules and
regulations imposed by the state.
(c) It is unlawful for any person to violate any provision of this chapter.
(d) It is unlawful for an establishment that is licensed as a restaurant to circumvent the
intent of this subsection by an artifice or scheme.
(e) Penalty. The penalty for violation of this section is a fine not exceeding $500:00
525.00 or imprisonment in the county jail for a term not to exceed 60 days, or by both
such fine and imprisonment.
*„
Section 5. Chapter 10 of the Code is further amended in the following
particulars:{1}
"CHAPTER 10. BUILDINGS
ARTICLE 11. EXTERIOR FACADE CODE
Sec. 10-26. Exceptions.
The restrictions as set forth herein, may be modified by the director of the
department of planning and zoning, subject to the issuance of a Class II Special Permit
as required by Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, for properties lying within a designated media district. In determining the
issuance of a Class II Special Permit, the director shall review and make findings based
upon the following criteria:
(1) The structure/building is of significant value to the media district; and
(2) The Class II Special Permit shall expire one year after its issuance; annual
renewals shall be required; and
(3) The application fee for the Class II Special Permit shall be $4000 420.00; and
(4) The owner of the property shall comply with the following:
a. The owner shall submit an engineering report, certifying that the subject structure is
safe for the public and safe for the limited use of the media industry; and
b. Provide insurance coverage holding the city harmless from any liability, as required
by the risk management division; and
c. Events, as required by the Class II Special Permit; and
d. Any other requirement that the director of planning and zoning may deem necessary
for the safety of the proposed use and the public; and
City of Miami Page 34 of 98 Printed On: 10/16/09
(5) The director of planning and zoning shall review and approve any proposed
aesthetic changes or modifications to the structure which are visible from the public
right-of-way.
Such finding shall be incorporated as part of the final decision of the Class 11
Special Permit. Decisions of the planning and zoning director are final, unless appealed
according to the procedures set forth in article 18 of the Zoning Ordinance No. 11000,
as amended, the zoning ordinance of the city.
ARTICLE IV. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR
ABANDONED STRUCTURES
Sec. 10-65. Blighted, unsecured or abandoned structure registration.
(a) After any structure in the city becomes a blighted, unsecured or abandoned
structure, as defined in this article, within 48 hours, the owner shall register the property
with the enforcement officer.
(b) The registration shall be submitted on designated forms and shall, at a minimum,
include the following information supplied by the owner:
(1) A description of the premises, including address, legal description and folio
number;
(2) The names, addresses and contact numbers of the owner, or agents, that can be
contacted within 24 hours;
(3) The names, addresses and contact numbers of all known lien holders and all other
parties with an ownership interest in the structure;
(4) A plan and timeline for bringing the structure into compliance; and
(5) Written consent by the owner allowing the city police department to enforce the
trespassing penalties described in F.S. § 810.08.
(c) The owner shall comply with all applicable laws and codes and close all
outstanding City Code violations, unless waived by the appropriate department or
agency.
(d) The owner shall submit a plan and timeline, as described in subsection (b)(4) to be
approved by the enforcement officer. The enforcement officer shall require completion
of the plan within a reasonable time, not to exceed ninety (90) days. Any repairs,
improvements or alterations to structures must comply with any applicable housing
and/or building codes.
(e) The owner shall notify the enforcement officer of any changes to the information
supplied on the registration immediately. All plan and timeline revisions and extensions
must be approved by the enforcement officer or the city manager's designee.
(f) Unless a structure has been registered as a vacant structure pursuant to this
section, the owner of a blighted, unsecured or abandoned structure shall pay a
registration fee:
(1) The owner of a blighted, unsecured or abandoned structure shall initially register
the property with the city and pay an annual registration fee. The schedule is as follows:
City of Miami Page 35 of 98 Printed On: 10116109
a. $250.00 262.50 for the first year.
b. $37,r,-.8 394.00for the second year.
c. $590.00 525.00for the third and each subsequent consecutive year the building
remains a blighted, unsecured or abandoned structure.
(2) The fee for the first year of registration shall be due and payable, in full, 30 days
after the structure is registered as a blighted, unsecured or abandoned structure. If the
fee is not paid within 30 days of being due, the owner shall be subject to prosecution as
prescribed in section 10-66.
(3) The registration fee shall be paid in full prior to the issuance of any permits to repair
or rehabilitate with the exception of a demolition permit.
(4) All delinquent registration fees, including interest, shall be paid by the owner prior
to any transfer of ownership interest. If the fees are not paid prior to transfer, the new
owner shall be responsible for all outstanding fees no later than 30 days after the
transfer of ownership and subsequent registration fees shall be due and payable in
accordance with this article.
(5) The registration fee is reasonably related to the administrative costs for processing
the registrations and monitoring of the blighted, unsecured, or abandoned structures.
Increasing fees reflect growing costs of identifying, regulating, monitoring and policing of
deteriorating structures.
(g) The enforcement officer shall keep a file for all registered blighted, unsecured or
abandoned structures, which shall include any information from interested parties or
citizens regarding the history, problems, status or blighting influence of such structure.
Section 6. Chapter 11 of the Code is further amended in the following
particulars: f 1}
"CHAPTER 11. CABLE TELEVISION
Sec. 11-7. Interpretation of license terms; conflicts.
(a) The provisions of this chapter at the time of the grant of a license (initial or renewal)
shall apply to a license agreement as if fully set forth in the license agreement, and the
express terms of this chapter shall prevail over conflicting or inconsistent provisions in a
license agreement unless such license agreement expresses an intent to amend or
modify a requirement of this chapter.
(b) Except as to matters which are governed by federal law or regulation, a license
agreement shall be governed by and construed in accordance with the laws of the state.
Sec. 11-8. Applications for grant, renewal, modification or transfer of licenses.
(a) A written application shall be filed with the city for:
(1) Grant of an initial license;
(2) Renewal of a license in accordance with section 626(a) --(g) of the Communications
Act, 47 U.S.C. 546;
City of Miami Page 36 of 98 Printed On: 10/16/09
(3) Modification of a license agreement; -
(4) Transfer or change of control of a license; or
(5) Any other relief from the city pursuant to this chapter or a license agreement.
(b) To be acceptable for filing, a signed original of the application shall be submitted
together with seven copies, be accompanied by the required non-refundable application
filing fee as set forth in subsection 11-8(i) hereof, conform to any applicable request for
proposals, and contain all required information. All applications shall include the names
and addresses of persons authorized to act on behalf of the applicant with respect to
the application.
(c) All applications accepted for filing shall be made available by the city for public
inspection.
(d) An application for the grant of an initial license may be filed pursuant to a request
for proposals issued by the city or on an unsolicited basis. The city, upon receipt of an
unsolicited application, may issue a request for proposals, If the city elects to issue a
request for proposals upon receipt of an unsolicited application, the applicant may
submit an amended application in response to the request for proposals, or may inform
the city that its unsolicited application should be considered in response to the request
for proposals, or may withdraw its unsolicited application. An application which does not
conform to the reasonable requirements of a request for proposals may be considered
non-responsive and denied on that basis.
(e) An application for the grant of an initial license shall contain, at minimum, the
following information:
(1) Name and address of the applicant and identification of the ownership and control
of the applicant, including: the names and addresses of all persons with five percent or
more ownership interest in the applicant, including the names and addresses of parents
or subsidiaries holding such ownership interests directly or indirectly; the persons who
control the applicant; all officers and directors of the applicant; and any other cable
system ownership or other communication ownership interest of each named person;
provided that in the case of an application for a renewal or transfer of a license, the
information regarding cable system ownership or other communication ownership
interest shall be provided upon written request of the city;
(2) An indication of whether the applicant, or any person controlling the applicant, or
any officer, or director or person with five percent or more ownership interest in the
applicant, has been adjudged bankrupt, had a cable license revoked, or been found by
any court or administrative agency to have violated a security or antitrust law, or to have
committed a felony, or any crime involving moral turpitude; and, if so, identification of
any such person and a full explanation of the circumstances; provided that in the case
of an application for renewal or transfer of a license, a licensee shall provide such
information upon written request;
(3) A demonstration of the technical, legal and financial ability of the applicant to
construct and/or operate the proposed cable system, including identification of key
personnel;
(4) A copy of any agreement covering the license area, if existing, between the
applicant and any public utility providing for the use of any facility of the public utility,
including, but not limited to, the use of utility poles, lines or conduits. In the case of a
City of Miami Page 37 of 98 Printed on: 10/16/09
transfer pursuant to section 11-24 hereof, licensee shall only be required to provide
evidence of the assignability of such agreements;
(5) In the case of an application for an initial license, a statement prepared by a
certified public accountant or duly authorized financial officer of the applicant regarding
the financial ability of the applicant to complete the construction and operation of the
cable system proposed;
(6) A description of the prior experience of the applicant in cable system ownership,
construction and operation, and identification of communities in which the applicant or
any person having a controlling interest in the applicant or having more than a ten
percent ownership interest in the applicant has, or has had, a cable franchise or license
or any interest therein; provided that in the case of an application for a transfer of a
license, a licensee shall provide such information upon written request;
(7) Upon reasonable request of the city, the applicant shall provide copies of any
franchise or license agreements entered into by applicant, its parent, affiliate or
subsidiary;
(8) A description of the physical facilities proposed, including channel capacity,
performance characteristics, headend, and access facilities; upon request, the applicant
shall provide information on technical design;
(9) In the case of an application for an initial grant of a license, where applicable, a
description of the construction of the proposed cable system, including an estimate of
plant mileage and its location, the proposed construction schedule, a description, where
appropriate, of how services shall be converted from existing facilities to new facilities,
and information on the availability of space in conduits including, where appropriate, an
estimate of the cost of any necessary rearrangement of existing facilities;
(10) For informational purposes, the proposed rate structure, including projected
charges for each service tier, installation, converters, and other equipment or services,
and the ownership interest of the applicant in any proposed program services to be
delivered over the cable system;
(11) A demonstration of how the proposal of the applicant shall reasonably meet the
future cable -related needs and interests of the community;
(12) A description of any cable services offered by the applicant or its parent, affiliate
or subsidiary, and applicant's plan with respect to the availability of services to
subscribers in the city;
(13) Upon request, for information purposes only, a description of any non -cable
services offered by the applicant or its parent, affiliate or subsidiary and plan of the
licensee with respect to the availability of such services to subscribers in the city;
(14) Upon request, for information purposes only, a description of any non -cable
services offered by the applicant or its parent, affiliate or subsidiary in any other
community and a copy of the terms and conditions pursuant to which applicant offers
such non -cable services in any other community;
(15) A proposal by applicant to offer discount rates to qualified senior citizens,
consistent with Section 623(e)(1) of the Cable Act;
(16) In the case of an application for an initial license or the transfer of a license, where
the transferee is not a publicly traded company, pro forma financial projections for the
first five years of the license term, including a statement of projected income, and a
City of Miami Page 38 of 98 Printed On: 10/16/09
schedule of planned capital additions, with all significant assumptions explained in notes
or supporting schedules;
(17) If an applicant proposes to provide cable service to an area already served by an
existing cable licensee, the identification of the area where the overbuild would occur,
the potential subscriber density in the area which would encompass the overbuild, and
the ability of the streets to accommodate an additional system;
(18) In the case of a renewal or transfer application, any other information as may be
reasonably necessary to demonstrate compliance with the requirements of this chapter
and information that the city may reasonably request of the applicant that is relevant to
the consideration of the city of the application; and
(19) An affidavit or declaration of the applicant or authorized officer certifying the truth
and accuracy of the information in the application, acknowledging the enforceability of
application commitments, and certifying that the proposal meets all federal and state
law requirements.
(f) An application for modification of a license agreement shall include, at minimum, the
following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the
requested modification on subscribers and others;
(3) A statement whether the modification is sought pursuant to Section 625 of the
Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification
meets the standards set forth in 47 U.S.C. § 545;
(4) Any other reasonable information necessary for the city to make an informed
determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the truth
and accuracy of the information in the application, and certifying that the application is
consistent with all federal and state law requirements.
(g) An application for renewal of a license shall comply with the requirements of
section 11-23 hereof.
(h) An application for approval of a transfer of a license shall comply with the
requirements of section 11-24 hereof.
(i) To be acceptable for filing, an application shall be accompanied by a non-
refundable filing fee in the following amount, as appropriate:
TABLE INSET:
(1 }
For a new or initial license:
$25,000.00
26.250.00
(2)
For renewal cf a license:
$
10'5 00.00
(3)
For a transfer of a license (other than a pro forma
$49,09:09
transfer):
10_,500.00
(4)
For a pro forma transfer of a license:
$ 5,909.99
5,250.00
(5)
For modification of a license agreement pursuant to 47
$4-8;880:98
City of Miami Page 39 of 98 Printed On: 10/16109
The purpose of the filing fee is to defray a portion of the cost to the city in processing an
application. Such fee shall be credited against amounts due under section 11-9(f)
herein. The filing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a license within the meaning of Section 622(g)(2)(D) of the Cable Act, 47
U.S.C. § 542(g)(2)(D), and may not be deducted from the license fee imposed in a
license agreement and shall not be passed through to subscribers.
Sec. 11-10. Insurance; surety; indemnification.
(a) A licensee shall be required by the city to maintain, and by its acceptance of the
license, specifically agrees that it shall maintain, throughout the entire term of the
license including any renewals thereof, insurance coverage insuring the licensee with
respect to the construction, operation and maintenance of the cable system, and the
conduct of the licensee's business in the city, as described below and as required to
satisfy all requirements of Florida law.
(1) Comprehensive general liability insurance including contractual liability, explosion,
collapse and underground property damage, bodily injury and broad form property
damage, personal and advertising injury and products/completed operations coverage.
The licensee shall carry limits with a combined single limit of no less than $3,000,000.00
per occurrence naming the city as an additional insured. The licensee shall require any
subcontractors to provide adequate insurance and provide proof of insurance to the city
as well.
(2) The licensee shall carry workers compensation and employers liability insurance in
compliance with Florida statute. The licensee shall require any subcontractors to
provide workers compensation insurance for all of the subcontractors' employees.
(3) Automobile liability insurance covering all owned, hired and non -owned vehicles
used in connection with any activities arising out of this agreement. Such insurance
shall afford coverage with a combined single limit of no less than $1,000,000.00 per
occurrence. The licensee shall require any subcontractors to provide automobile liability
insurance for all of the vehicles used by subcontractors arising out of the license.
(b) All insurance policies shall be with insurance companies authorized to do business
in the state and shall be with insurance companies with a minimum Best's Rating of
AV11, or an equivalent rating, and financial size category rating of X (ten).
(c) A licensee shall keep on file with the city certificates of insurance which certificates
shall indicate evidence of payment of the required premiums and shall indicate that the
city, its officers, boards, commission, commissioners, agents and employees are listed
as additional insureds, and that this insurance is primary over any other insurance or
self-insurance program available to the city whether collectible or not. In the event of a
potential claim such that the city claims insurance coverage, licensee shall immediately
respond to all reasonable requests by the city for information with respect to the scope
of the insurance coverage.
City of Miami Page 40 of 98 Printed On: 10/96/09
U.S.C. § 545:
10,500.00
(6)
For any other relief:
5,250.00
The purpose of the filing fee is to defray a portion of the cost to the city in processing an
application. Such fee shall be credited against amounts due under section 11-9(f)
herein. The filing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a license within the meaning of Section 622(g)(2)(D) of the Cable Act, 47
U.S.C. § 542(g)(2)(D), and may not be deducted from the license fee imposed in a
license agreement and shall not be passed through to subscribers.
Sec. 11-10. Insurance; surety; indemnification.
(a) A licensee shall be required by the city to maintain, and by its acceptance of the
license, specifically agrees that it shall maintain, throughout the entire term of the
license including any renewals thereof, insurance coverage insuring the licensee with
respect to the construction, operation and maintenance of the cable system, and the
conduct of the licensee's business in the city, as described below and as required to
satisfy all requirements of Florida law.
(1) Comprehensive general liability insurance including contractual liability, explosion,
collapse and underground property damage, bodily injury and broad form property
damage, personal and advertising injury and products/completed operations coverage.
The licensee shall carry limits with a combined single limit of no less than $3,000,000.00
per occurrence naming the city as an additional insured. The licensee shall require any
subcontractors to provide adequate insurance and provide proof of insurance to the city
as well.
(2) The licensee shall carry workers compensation and employers liability insurance in
compliance with Florida statute. The licensee shall require any subcontractors to
provide workers compensation insurance for all of the subcontractors' employees.
(3) Automobile liability insurance covering all owned, hired and non -owned vehicles
used in connection with any activities arising out of this agreement. Such insurance
shall afford coverage with a combined single limit of no less than $1,000,000.00 per
occurrence. The licensee shall require any subcontractors to provide automobile liability
insurance for all of the vehicles used by subcontractors arising out of the license.
(b) All insurance policies shall be with insurance companies authorized to do business
in the state and shall be with insurance companies with a minimum Best's Rating of
AV11, or an equivalent rating, and financial size category rating of X (ten).
(c) A licensee shall keep on file with the city certificates of insurance which certificates
shall indicate evidence of payment of the required premiums and shall indicate that the
city, its officers, boards, commission, commissioners, agents and employees are listed
as additional insureds, and that this insurance is primary over any other insurance or
self-insurance program available to the city whether collectible or not. In the event of a
potential claim such that the city claims insurance coverage, licensee shall immediately
respond to all reasonable requests by the city for information with respect to the scope
of the insurance coverage.
City of Miami Page 40 of 98 Printed On: 10/96/09
(d) All insurance policies shall name the city as additional insured and shall further
provide that any cancellation or reduction in coverage shall not be effective unless 60
calendar days prior written notice thereof has been given to the city. A licensee shall not
cancel any required insurance policy without submission of proof that the licensee has
obtained alternative insurance satisfactory to the city which complies with this chapter.
(e) A licensee shall, at its sole cost and expense, indemnify, hold harmless, waive
subrogation against and defend the city, its officials, boards, commissions,
commissioners, agents, and employees, against any and all third party claims, suits,
causes of action, proceedings, judgments for damages or equitable relief, and costs and
expenses arising out of the construction, maintenance or operation of its cable system
by the licensee, its agents or employees in the city, or the granting of a license
agreement to the licensee or in any way arising out of the licensee's enjoyment or
exercise of a license granted hereunder, regardless of whether the act or omission
complained of is authorized, allowed or prohibited by this chapter or a license
agreement. This provision includes, but is not limited to, the reasonable attorneys' fees
of the city incurred in defending against any such claim, suit or proceedings; and claims
arising out of copyright infringements or a failure by the licensee to secure consents
from the owners, authorized distributors, or providers of programs to be delivered by the
cable system, claims arising out of Section 638 of the Cable Act, 47 U.S.C. § 558, and
claims against the licensee for invasion of the right of privacy, defamation of any
person, firm or corporation, or the violation or infringement of any copyright, trade mark,
trade name, service mark or patent, or of any other right of any person, firm or
corporation. The city shall give the licensee written notice of any claim or of the
commencement of any action, suit or other proceeding covered by the indemnity in this
section. In the event any such claim arises, the licensee shall have the obligation and
duty to defend the city and any other indemnified party hereunder; provided, however,
licensee may not agree to any settlement of claims affecting the city without the city
attorney's approval. if the city attorney finds that separate representation to fully protect
the interests of the city is necessary, licensee shall consult with the city attorney on
counsel that is acceptable to the city attorney. If licensee is unwilling or unable to select
counsel acceptable to the city attorney, licensee shall pay all expenses incurred by the
city in defending itself with regard to any action, suit or proceeding subject to this
indemnification. The city's expenses shall include all out of pocket expenses, attorney's
fees and costs of the city attorney or his/her assistants, or any employees of the city,
outside attorneys, or other agents. Not withstanding anything to the contrary contained
in this subparagraph, the obligation of the licensee shall not extend to any claims
caused by the gross negligence of the city, its officials, boards, commissioners, agents
or employees, or to claims arising from licensee's provision of access channels for
public, educational and/or governmental use pursuant to section 11-15 hereof and a
license agreement, to the extent such claims relate to programming and content on
such channels, over which licensee has no editorial control nor exercises administrative
control.
(f) Notwithstanding anything to the contrary, a licensee shall be responsible for all
actions of the subcontractors and shall agree to indemnify and hold harmless the city for
any and all claims against the city or arising out of the activity of such subcontractors.
City of Miami Page 41 of 98 Printed On: 10/16/09
Sec. 11-11. Security fund.
(a) The city shall require in a license agreement that, prior to the license becoming
effective, the licensee shall post with the city a security fund. Such fund may be in the
form of a cash deposit, letter of credit, or performance bond as determined by the city in
its sole discretion or as set forth in a license agreement. The security fund shall be used
to ensure the licensee's faithful performance of and compliance with all provisions of
this chapter, the license agreement, and other applicable law, and compliance with all
orders, permits and directions of the city, and the payment by the licensee of any
claims, liens, fees, or taxes due the city which arise by reason of the construction,
operation or maintenance of the system. The amount of the security fund shall be the
amount that the city determines, under circumstances existing at the time, that is
necessary to protect the public, to provide adequate incentive to the licensee to comply
with this chapter and the license agreement, and to enable the city to effectively enforce
compliance therewith, but in no event less than $2,000,000.00. The license agreement
shall provide for the procedures to be followed with respect to the security fund. Neither
the posting of the cash deposit or filing of an indemnity bond or any form of performance
bond with the city, nor the receipt of any damages recovered by the city thereunder,
shall be construed to excuse faithful performance by the licensee or limit the liability of
the licensee under the terms of its license for damages, either to the full amount of the
fund or otherwise.
(b) The rights reserved to the city with respect to the security fund are in addition to all
other rights of the city, whether reserved by this chapter or authorized by other law or
the license agreement, and no action, proceeding or exercise of a right with respect to
such security fund shall affect any other right the city may have.
Sec. 11-13. Minimum facilities and services.
(a) The following minimum requirements for facilities and services apply to all licenses
granted by the city. The city may require in a license agreement that a licensee exceed
these minimum requirements where it determines, under circumstances existing at the
time of the grant of the license, that the additional requirements are necessary to meet
the future cable related needs of the city and interests or to serve the public interest.
(1) Any cable system that commences construction, including but not limited to initial
construction, rebuild, upgrade, or reconstruction after the effective date of this chapter
shall have a minimum capacity of at least 750 MHZ providing no less than 78 activated
video channels or its digital equivalent, including two-way capability as defined in
subsection 11-2 hereof. The construction, rebuild, upgrade or reconstruction of any
cable system must be completed within a 24 -month construction schedule. A license
agreement may provide for a larger minimum channel capacity requirement as well as
upgrades during the term of a license. Licensee's failure to comply with this subsection
shall result in imposition of fines to be paid by the licensee to the city in the amount of
not less than $4-.000_00 1050.00per violation, per day or part thereof that the violation
continues.
(2) The city may require in a license agreement that a licensee provide access
channels, facilities and other support for public, educational and/or governmental use, in
City of Miami Page 42 of 98 Printed On: 10/16/09
excess of the minimum requirement of this chapter. Licensee's failure to comply with the
terms of a license agreement with respect to the provision of access channel facilities
and other support for public, educational and/or governmental use shall result in
imposition of fines to be paid by the licensee to the city in the amount of not less than
$588-981,575.00 per violation, per day or part thereof that the violation continues.
(3) A cable system shall provide leased access channels as required by federal law.
(4) If required by the terms of a license agreement, a licensee shall, at minimum,
provide at least one cable outlet and shall provide cable service, including basic and
cable programming service tier, with the exception of digital and premium/pay-per-view,
or its equivalent, without charge, to each and every floor of all public buildings including,
but not limited to city buildings, parks, community and day-care centers, and any other
public building designated by resolution of the city commission. In addition, licensee
agrees to provide one outlet of cable service without charge to each and every floor of
all buildings of the city that may be constructed, opened or annexed within the city after
the effective date of the license agreement, subject to the service policy set forth below.
In new locations and remodels of existing locations, licensee shall have access to "pre -
wire." Such cable service shall at a minimum include the basic cable service tier, and all
programming offered without additional charge on the cable programming service tier
offered by licensee over the cable system. Licensee's failure to comply with this
subsection shall result in imposition of fines to be paid by the licensee to the city in the
amount of not less than $.588:89 525.00 per violation, per day or part thereof that the
violation continues.
(5) If required by the terms of a license agreement, licensee shall, upon request,
provide to each and every floor of all public buildings including, but not limited to city
buildings, parks, community and day-care centers, and any other public building
designated by resolution of the city commission, with, at minimum, one free connection
to an on-line service provided by licensee. Such on-line service will provide access to
the Internet. Upon request, each city building, park, community center and daycare
center within the city, and any other public building designated by resolution of the city
commission, shall receive, at minimum, one free cable modem which will be allowed to
be networked, and free, unlimited access to the on-line service. All services requested
shall be provided not later than one year after licensee makes commercially available
an on-line service for personal computers within the city. Licensee's failure to comply
with this subsection shall result in imposition of fines to be paid by the licensee to the
city in the amount of not less than $88:98 525.00 per violation, per day or part thereof
that the violation continues.
(6) Licensee shall, at a minimum, provide at least one cable outlet and shall provide
cable service, including basic and cable programming service tier, with the exception of
digital and premium/pay-per-view, or its equivalent, without charge, to each floor, not to
exceed three floors, in all public and private schools (as defined by, and which receives
funding pursuant to, Title I of the Elementary and Secondary Education Act of 1965, 20
U.S.C. § 421(a) et seq., as amended), (grades K--12). Licensee will make
arrangements for each school to receive school materials for teachers and other facility
administrators, to the extent they are available, that explain the educational applications
of the broadband cable systems and services offered on the cable system. The
materials will be provided to all connected schools. Licensee's failure to comply with this
City of Miami Page 43 of 98 Printed On: 10/16/09
-subsection shall result in imposition of fines to be paid by the -licensee -to the city in the
amount of not less than $599.00 525.00 per violation, per day or part thereof that the
violation continues.
(7) Licensee shall, upon written request from the school, provide all schools (as
defined in subsection (6) above) within the city which receive cable service with, at
minimum, one free connection to an on-line service provided by licensee. Such on-line
service will provide access to the Internet. Upon request, each connected school shall
receive, at minimum, one free cable modem which will be allowed to be networked, and
free, unlimited access to the on-line service, All services requested shall be provided
not later than one year after licensee makes commercially available an on-line service
for personal computers within the city. Additional cable modems and operational
support and services (for example, assisting schools in setting up and maintaining
reliable Internet connections) shall be provided to connected schools upon written
request and at the actual and direct costs of licensee. In addition, licensee shall sponsor
local workshops in each region to educate teachers and other facility administrators
about its on-line service and to provide connected schools, city parks, community
centers and day-care centers with an opportunity for hands-on training. Licensee's
failure to comply with this subsection shall result in imposition of fines to be paid by the
licensee to the city in the amount of not less than $599-89 525.00 per violation, per day
or part thereof that the violation continues.
(8) A cable system shall include an "emergency alert" capability, which shall permit the
city manager or designated representative, to the extent permitted by applicable law, to
remotely override the audio of all channels on the cable system or to allow for video
crawl over all channels.
(9) The city may seek the use of a portion of the cable system's bandwidth for
collecting data from subscribers for purposes including but not limited to a fire, police or
other alarm system, or reading water meters, provided that the following conditions are
met:
a. Licensee has excess capacity on its system, at each location the city wishes to
utilize at the time of the request and, as of the date of the city's request, has not
allocated such excess capacity, as evidenced by a written agreement with a third party
for such bandwidth for provision of services during the 12 months following the date of
city's request;
b. The city purchases the necessary equipment according to the reasonable technical
specifications provided by licensee;
c. Attachment of the necessary equipment is performed by the licensee owning the
cable system, and the city reimburses the labor and material cost of such attachment to
said licensee at the direct, actual costs to licensee;
d. The city pays to the licensee the direct and actual costs of the bandwidth usage, but
in no event to exceed the lowest rate offered by the licensee to an unaffiliated third party
for similar bandwidth usage; and
e. No sooner than one year after city commences use of the bandwidth, a licensee
may thereafter reclaim the excess bandwidth, upon no less than 120 calendar days
notice, if it plans to provide an additional product or service to its customers utilizing
said bandwidth within six months of reclaiming the bandwidth, provided that city shall
have a right of first refusal for use of the bandwidth on terms and conditions equal to
City of Miami Page 44 of 98 Printed On: 90/16/09
those -at which the licensee proposes to offer the capacity to a third party. To the extent
a licensee is providing an institutional network for the city, at no cost to the city, such
provision may be in lieu of the licensee's obligations under this section.
(10) A licensee shall make available to its subscribers equipment capable of decoding
closed circuit captioning information for the hearing impaired.
(11) The cable system operator shall maintain equipment capable of providing standby
powering for headend transportation and trunk amplifiers for a minimum of two hours.
The equipment shall be constructed so as to automatically notify the cable office when it
is in operation and to automatically revert to the standby mode when the AC power
returns. All utility safety regulations must be followed to prevent a standby generator
from powering the "dead" utility line, with possible injury to an unwitting lineman.
(b) Most favored nation.
(1) Pursuant to the requirements of a license agreement, a licensee shall provide, at a
minimum, the same facilities, services, products and benefits available on any system
serving any other similarly sized city or other community in the state, or other such
communities outside the state, owned and operated by the licensee, its parent, affiliate
or subsidiary.
(2) Licensee's failure to comply with this subsection shall result in imposition of fines to
be paid by the licensee to the city in the amount of not less than $1,590.00 1,575.00 per
violation, per day or part thereof that the violation continues.
(c) Universal service. Upon request and payment of all applicable charges and
provided that the requesting person grants the licensee access to his or her premises in
order to furnish, maintain, and continue to offer cable service to that person, a licensee
shall, throughout the term of a license, offer any person at his or her place of residence
or place of business within the license area, all cable services distributed over the cable
system, except as otherwise set forth in a license agreement. Licensee's failure to
comply with this subsection shall result in imposition of fines to be paid by the licensee
to the city in the amount of not less than $000.00 525.00 per violation, per day or part
thereof that the violation continues.
(d) Upon licensee's acquisition of facilities in any city right-of-way, or upon the
annexation to the city of any area in which licensee owns or operates any facility,
licensee shall, at the city's request, submit to the city a statement describing all facilities
involved, whether authorized by license, permit, franchise or other prior right, and
specifying the location of all such facilities to the extent licensee has possession of such
information. Such facilities shall immediately be subject to the terms of licensee's
license granted pursuant to this chapter.
(e) Pursuant to the requirements of a license agreement, in the event licensee offers
cable Internet services over its cable system in the city, it shall, taking into account
technical feasibility, provide access to its cable modem platform to providers of Internet
access and on-line services on comparable terms and conditions to those terms and
conditions on which access is provided by licensee, its parent, affiliate or subsidiary in
any other community. Licensee shall comply with all lawful requirements with respect to
access to licensee's cable modem platform for providers of Internet access and on-line
services.
(f) A licensee granted a license under this chapter shall make a proposal to the city for
the installation, operation and maintenance of or provide funding for an institutional
City of Miami Page 45 of 98 Printed On: 10/16/09
network ("I -NET"). The I -NET shall, at minimum, take into consideration the
interconnection of all government and other public buildings, schools, or persons as
designated by the city, with minimum technical facilities as shall be specified subject to
negotiation between the city and the licensee. A licensee may provide the city, subject
to city approval, with an equivalent of an I -NET, based on current technology, in lieu of
the obligation set forth herein.
(g) Where an I -NET already exists in the city, an applicant for a license shall provide
the city with a capital grant in an amount which represents the cost of an institutional
network, or, at the city's sole option, alternative facilities, equipment and support,
including but not limited to a new institutional network, in satisfaction of licensee's
obligation to provide the city with an I -NET pursuant to this chapter.
Sec. 11-14. Technical standards.
(a) Any cable system within the city shall at minimum meet the technical standards of
the FCC or other applicable federal, state, county or city technical standards, including
any and all applicable rules, regulations, codes, and standards as hereinafter amended
or adopted. All television signals transmitted on a cable system shall include any closed
circuit captioning information for the hearing impaired. Antennas, supporting structures,
and outside plants used in the system shall be designed to comply with all generally
accepted industry practices and standards and with all federal, state, county and city
ordinances, rules and regulations, including but not limited to the city zoning code.
(b) All construction, installation and maintenance of the cable system shall comply with
federal and state codes, as well as the National Electrical Safety Code, the National
Electric Code, the South Florida Building Code, all local codes and ordinances and any
and all applicable rules, regulations and codes, as hereinafter may be amended or
changed.
(c) At the times specified in the license agreement or as required by FCC rules, the
licensee shall perform, at its expense, proof of performance tests designed to
demonstrate compliance with the requirements of this chapter, the license agreement,
and FCC requirements. The licensee shall provide, upon written request, the proof of
performance test results to the city within ten (10) calendar days after completion. The
city shall have the right to inspect the cable system facilities during and after
construction to ensure compliance with the requirements of the license agreement, this
chapter, and FCC standards.
(d) The city may require any other tests as specified in a license agreement, or
required by applicable law or regulation, or where there have been extensive complaints
made, or where there exists other demonstrative evidence which in the reasonable
judgment of the city casts doubt upon the reliability or technical quality of the cable
system to be performed at the expense of the licensee; provided that if the results of
such tests indicate that licensee is in compliance with the requirements of this chapter
and/or the license agreement, the expenses incurred by the licensee in conducting said
tests shall be borne by the city. The licensee shall provide the test results to the city
within ten calendar days of completion of the proof of performance or other tests.
(e) The licensee shall provide the city ten calendar days advance written notice when a
proof of performance test required in subsections (c) and (d) above is scheduled, in
order that the city may have an observer present.
City of Miami Page 46 of 98 Printed On: 10/16/09
:.(f) A- licensee shall not design, install or operate its facilities in a manner that shall
interfere with the signals of any broadcast station, the facilities of the city, the facilities of
any public utility, the cable system of another licensee, or individual or master antennas
used for receiving television or other broadcast signals. In the event any such
interference is discovered, licensee shall take all actions necessary to remedy the
problem as quickly as is technically feasible.
(g) In any license granted pursuant to this chapter, a licensee shall agree to maintain
that level of technology to satisfy the state-of-the-art as defined in subsection 11-2,
subject to qualifications, conditions, and terms that may be expressly identified in a
license agreement, if any. Licensee's failure to comply with this subsection shall result in
imposition of fines to be paid by the licensee to the city in the amount of not less than
$1,509.001.575.00 per violation, per day or part thereof that the violation continues.
(h) Licensee shall provide access channels, equipment and facilities, and capital
support, in accordance with section 11-15, as well as such other benefits and services
required by a license agreement. Licensee's failure to comply with this subsection shall
result in imposition of fines to be paid by the licensee to the city in the amount of not
less than $90 1,575.00 per violation, per day or part thereof that the violation
continues.
(i) In the event that the city commission determines that it is in the public interest of the
residents of the city to renew or approve the transfer of a license where the licensee is
not in compliance with the requirements of this section at the time of the grant, the city
may agree in an agreement, or an amendment to a license agreement, to a program
whereby the licensee is permitted a specified period of time, not to exceed 24 -months,
to come into compliance. However, the city's approval of any such plan shall be
contingent upon licensee's agreement to provide the city and any subscribers with fines,
refunds, credits or service vouchers as liquidated damages for the harm suffered due to
licensee's non-compliance. The city may grant extension of the time period herein, for
good cause shown.
Sec. 11-18. Customer service requirements.
(a) A licensee shall at a minimum maintain all parts of its system in good condition and
in accordance with FCC standards. Sufficient employees shall be retained to provide
safe service for all of its customers and facilities as set forth in this chapter and a
license agreement. The customer service requirements set forth herein are applicable to
all services subject to the chapter. Licensee's failure to comply with this subsection shall
result in a refund order in the amount of a subscriber's monthly bill, and a fine in the
amount of $500-48-525.00, per violation, per day or part thereof that the violation
continues.
(b) A licensee shall maintain at least two conveniently located business offices and/or
service centers within the city limits, unless licensee offers free pick-up and delivery of
rental equipment, in which case licensee shall maintain at least one such location. This
business office shall be open at minimum from 8:00 a.m. to 6:00 p.m., Monday through
Friday, and 8:30 a.m. to 5:00 p.m. on Saturday. Further, licensee shall locate, staff,
operate and maintain said office(s) so as to provide all subscribers, including but not
City of Miami Page 47 of 98 Printed On: 90/96/09
limited. to those subscribers who may bel elderly;- disabled or otherwise impaired, with
access to its office. The office shall make available for all customers 1) parking within
reasonable proximity of the office and 2) sufficient covered waiting areas and adequate
seating capacity in an air-conditioned space. Such office must have adequate counter
personnel to keep wait time to an average of ten minutes or less. Licensee's failure to
comply with this subsection, under normal operating conditions, shall result in a fine in
the amount $389.00 315.00 per violation, per day or part thereof that the violation
continues.
(c) Licensee shall maintain a listed local, toll-free telephone number under the name
by which licensee is doing business in the city, and employ a sufficient number of
telephone lines, personnel and answering equipment or service to allow reasonable
access by subscribers and members of the public to contact the licensee on a full-time
basis, 24 hours per day, seven calendar days per week including holidays.
Knowledgeable, qualified licensee representatives shall be available to respond to
customer telephone inquiries, 24 hours per day, seven days per week including holidays
in, at minimum, English, Spanish and Creole languages. Licensee's failure to comply
with this subsection shall result in a refund order in the amount of a subscriber's monthly
bill, and a fine in the amount of $3000 315.00, per violation, per day or part thereof
that the violation continues.
(d) Licensee shall answer all customer service and repair telephone calls made under
normal operating conditions within 30 seconds, including wait time and within an
additional 30 seconds to transfer the call. Customers shall receive a busy signal less
than three percent of the time. These standards shall be met no less than 90 percent of
the time under normal operating conditions except for the period from 12:00 a.m. to 6:00
a.m., where a licensee and the city have mutually agreed in writing to an alternative
standard measured on a quarterly basis. Licensee shall employ automatic call
distribution technology, or its equivalent, to compile and generate the information
required to establish compliance with these standards. Licensee's failure to comply with
this subsection shall result in a fine in the amount of $300:80 315.00 per violation, per
day or part thereof that the violation continues.
(e) A licensee shall employ and maintain sufficient qualified personnel and equipment
to be available to:
(1) Accept payments;
(2) Exchange or accept converters or other equipment;
(3) Receive subscriber complaints or requests for service or repairs on a full-time
basis, 24 hours per day, seven days per week;
(4) Initiate service installations, undertake normal repairs, initiate action with respect to
any subscriber service complaints within 24 hours;
(5) Enable a service technician to respond to service calls 24 hours per day, seven
days a week including holidays when more than 25 subscribers served from the same
nearest active electronic device, such as an amplifier or node, call with the similar
complaint.
Licensee's failure to comply with this subsection shall result in a fine in the amount of
$3008 315.00 per violation, per day or part thereof that the violation continues.
(f) Licensee must meet each of the following standards no less than 95 percent of the
time under normal operating conditions as measured on a quarterly basis:
City of Miami Page 48 of 98 Printed On: 10/16/09
(1) Standard installation work shall be performed within seven calendar days after an
order has been placed except in those instances where a subscriber specifically
requests an installation date beyond the seven calendar day period. If scheduled
installation is neither started nor completed as scheduled, the subscriber shall be
telephoned by an employee of the licensee the same day. Evening personnel shall also
attempt to call subscribers at home between the hours of 5:30 p.m. and 8:00 p.m. on
the day prior to any appointment as a reminder of scheduled installation work. If the call
to the subscriber is not answered, an employee of the licensee shall telephone the
subscriber the next day.
(2) Licensee shall respond to service interruptions promptly and in no event later than
24 hours after the interruption becomes known to licensee. Other service problems shall
be responded to promptly and in no event later than 48 hours after the problem
becomes known to licensee. All service interruptions, and service problems within the
control of licensee, shall be corrected within 48 hours after receipt of a complaint.
(3) The appointment window alternatives made available for installations, service calls,
repairs, and other installation activities shall be either a specific time, a four-hour time
block during normal business hours, or at the election and discretion of the subscriber,
"all day." These options shall be clearly explained to the customer at the time of
scheduling.
(4) Licensee may not cancel an appointment with a subscriber after the close of
business on the business day prior to the scheduled appointment.
(5) If at any time an installer or technician is running late for a scheduled appointment,
an attempt to contact the customer shall be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
(6) Licensee's failure to comply with this subsection shall result in a bill credit in an
amount prorated on a daily basis, with a minimum of one day, and a fine in the amount
of $3998 315.00, per violation, per day or part thereof that the violation continues.
(g) Subscribers who have experienced two missed installation or service appointments
due to the fault of licensee shall receive installation free of charge. If the installation was
to have been provided free of charge or if the appointment was for service or repair, the
subscriber shall receive a credit on the next bill of not less than $20.00. Licensee's
failure to comply with this subsection shall result in a fine in the amount of $400.00
105.00 per violation, per day or part thereof that the violation continues.
(h) Disconnection.
(1) Voluntary disconnection.
a. A subscriber may terminate service at any time.
b. A licensee shall promptly disconnect any subscriber who so requests from the cable
system of the licensee. No period of notice prior to voluntary termination of service may
be required of subscribers by any licensee. So long as the subscriber returns equipment
within five business days of the disconnection, no charge may be imposed by any
licensee for such voluntary disconnection, or for any cable services delivered after the
date of disconnect request.
c. A subscriber may be asked, but not required, to disconnect the equipment of the
licensee and return it to the business office, subject to subsection b. above.
d. Any security deposit and/or other funds due the subscriber shall be refunded on
disconnected accounts after any customer premises equipment including all converters
City of Miami Page 49 of 98 Printed On: 10/16/09
but excluding wiring have been recovered- by the licensee. The refund process shall
take a maximum of 45 calendar days from the date equipment is returned to licensee to
the date the customer receives the refund.
(2) Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other
fee or charge, the licensee may disconnect the service outlet of the subscriber;
however, such disconnection shall not be effected until 35 calendar days after the due
date of the monthly subscriber fee or other charge, and ten calendar days advance
written notice of intent to disconnect to the subscriber in question. If the subscriber pays
within 35 calendar days of the due date and after notice of disconnection has been
given, the licensee shall not disconnect. After disconnection, upon payment by the
subscriber in full of all proper fees or charges, including the payment of the
reconnection charge, if any, the licensee shall reinstate service as soon as practicable.
Licensee reserves the right to deny service to any customer who has been repeatedly
disconnected for non-payment of services to the extent such rights are consistent with
applicable state and federal law.
(3) With respect to any disconnection, whether requested or involuntary, a licensee
shall comply with the rules and regulations of the FCC and applicable law with respect
to ownership, sale, removal and abandonment of home wiring. Failure to comply with
such rules including, but not limited to providing applicable notice to subscribers and
property owners shall be considered a violation of this chapter.
(4) Licensee's failure to comply with this subsection shall result in a fine in the amount
of $39949 315.00 per violation, per day or part thereof that the violation continues.
(i) Licensee shall intentionally interrupt service only for good cause and for the shortest
time possible and shall use its best efforts to minimize the number of service
interruptions between 6:00 p.m. and 11:00 p.m. Licensee shall maintain a written log for
all intentional service interruptions and all other service interruptions. Licensee's failure
to comply with this subsection shall result in a fine in the amount of $300.90 315.00 per
violation, per day or part thereof that the violation continues.
Q) Licensee shall notify the city manager or designee immediately if a service
interruption affects fifty or more subscribers for a time period greater than one hour. The
city manager, in his or her discretion, shall establish appropriate methods for the
notification required herein, including any procedures for notification after normal
business hours. Licensee's failure to comply with this subsection shall result in a fine in
the amount of $299.00 210.00 per violation, per day or part thereof that the violation
continues.
(k) Licensee shall cause all of its field employees to wear a picture identification badge
indicating employment by licensee. This badge shall be clearly visible to the public. All
company vehicles shall display the company name, telephone number and logo, if any,
in a manner clearly visible to the public. Contractor vehicles shall display the contractor
name, telephone number, contractor license number, if applicable, as well as the cable
operator's name. Licensee's failure to comply with this subsection shall result in a fine in
the amount of $290.00 210.00 per violation, per day or part thereof that the violation
continues.
(1) A licensee shall develop written procedures for the investigation and resolution of all
subscriber or city resident complaints, including, but not limited to, those regarding the
quality of service and equipment malfunction, which procedures shall be subject to the
City of Miami Page 50 of 98 Printed On: 10/16/09
review and approval by the - city manager: A subscriber or city resident who has not
been satisfied by following the procedures of the licensee may file a written complaint
with the office of the city manager, who shall investigate the matter and, in consultation
with the licensee as appropriate, attempt to resolve the matter. The good faith or lack
thereof of the licensee in attempting to resolve subscriber and resident complaints in a
fair and equitable manner shall be considered in connection with the renewal application
of the licensee. Licensee shall maintain a complete list of all complaints not resolved
within three calendar days of receipt and the measures taken to resolve those
complaints. This list shall be compiled in a form to be approved by the city. It shall be
compiled on a monthly basis. The list for each calendar month shall be supplied to the
city no later than the 15th day of the next month. Licensee shall also maintain a list of all
complaints received, which list shall be provided to the city within three calendar days of
request by the city manager or designee, as part of an inquiry by the city regarding
licensee's compliance with this section. Licensee's failure to comply with this subsection
shall result in a fine in the amount of $500.00 525.00 per violation, per day or part
thereof that the violation continues.
(m) Licensee shall permit the city designee to inspect and test the technical equipment
and facilities of the system upon reasonable notice not to be less than 72 hours, except
in an emergency. Licensee's failure to comply with this subsection shall result in a fine
in the amount of $500.0 525.00 per violation, per day or part thereof that the violation
continues.
(n) Licensee shall abide by the following requirements governing communications with
customers, bills and refunds:
(1) Each licensee shall provide to subscribers written information in each of the
following areas at the time of installation, at least once annually, and at any future time
upon request by the subscriber:
a. How to use the cable service;
b. Installation and service maintenance policies;
c. All products and services offered;
d. Prices and service options;
e. Channel positions of programming carried on the system;
f. The procedures of the licensee for the receipt and resolution of customer complaints,
the address of the licensee and telephone number to which complaints may be
reported, and the hours of operation;
g. The telephone number and address of the city, and as required by county
ordinance, the county office designated to handle cable complaints and inquiries shall
be printed on the back of the bill. The information shall be placed so as to not be
confused with similar information for licensee or the county;
h. The availability and costs of a "lock -out" device and other parental control
mechanisms;
i. The information of the licensee, collection, and disclosure policies for the protection
of the privacy of the subscriber.
j. Licensee's failure to comply with this subsection shall result in a fine in the amount of
$2.800 210.00 per violation, per day or part thereof that the violation continues.
(2) In addition, each licensee shall provide written notice in its monthly billing, at the
request of the city, of any events or public service announcements. The city shall make
City of Miami Page 51 of 98 Printed On: 10/16/09
such a request in writing, with- reasonable notice prior to the mailing of any billing by
licensee, such that licensee's regular billing cycle shall not be interrupted. City shall pay
printing costs and incremental postage expenses for said notices. Licensee's failure to
comply with this subsection shall result in a fine in the amount of $508-00 525.00 per
violation, per day or part thereof that the violation continues.
(3) Licensee bills shall be clear, concise and understandable to subscribers.
Licensee's failure to comply with this subsection shall result in a fine in the amount of
$208:00 210.00 per violation, per day or part thereof that the violation continues.
(4) Credits for service shall be issued no later than the next billing cycle of the
customer following the determination that a credit is warranted. Licensee's failure to
comply with this subsection shall result in a fine in the amount of $208:88 210.00 per
violation, per day or part thereof that the violation continues.
(5) A licensee shall provide subscribers, the city commission, and the city manager
with at least 30 calendar days advance written notice of any changes in rates, charges,
channel lineup, or initiations or discontinuations or changes of service or services
offered over the cable system whenever practicable. Licensee's failure to comply with
this subsection shall result in a fine in the amount of $280.00 210.00 per violation, per
day or part thereof that the violation continues.
(o) Upon a subscriber's request, a licensee shall provide a credit to the account of the
subscriber, prorated on a daily basis, with a minimum of one day, for any period of two
hours or more within a 24 hour period during which a subscriber experienced an
interruption of service or substantial impairment of service, whether due to a system
malfunction or other cause within the licensee's control. No refunds shall be due for
service interruptions directly related to a rebuild, upgrade or routine maintenance of the
cable system which is planned, noticed properly to the city and subscribers, and occurs
during a time other than between 6:00 p.m. and 11:00 p.m. and lasts for four hours or
less. Licensee's failure to comply with this subsection shall result in a fine in the amount
of $300:08 315.00 per violation, per day or part thereof that the violation continues.
(p) Billing.
(1) The first billing statement of the licensee after a new installation or service change
shall be pro -rated as appropriate and shall reflect any security deposit.
(2) The billing statement of the licensee must be fully itemized, with itemizations
including, but not limited to, basic and premium service charges and equipment
charges. Invoices shall also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
(3) Any balance not received within ten calendar days after the due date may be
assessed an administrative charge not to exceed the average actual fixed and variable
cost to administer a delinquent account, subject to applicable law, except that a late
charge of not more than five dollars shall be presumed to comply with this subsection.
The charge shall appear on the billing statement of the following month. In the event it is
determined that a licensee has assessed a late fee in violation of this section, licensee
shall pay to subscribers that amount which is ordered by a governmental or judicial
body which has properly asserted jurisdiction. Subscribers shall not be charged an
administrative fee, a late fee or otherwise penalized for any failure by the licensee, its
employees, or contractors, including failure to timely or correctly bill the subscriber, or
failure to properly credit the subscriber for a payment timely made.
City of Miami Page 52 of 98 Printed On: 10/16/09
(4) The licensee must notify the subscriber that payment can be remitted in -person -at
the office of the licensee in the city and inform the subscriber of the address of that
office where payment can be made.
(5) Licensee's failure to comply with this subsection shall result in a fine in the amount
of $399:80 315.00 per violation, per day or part thereof that the violation continues.
(q) Except as incident to a rebuild of the cable system, a licensee may not substantially
alter the service being provided to a subscriber (including by re -tiering, restructuring a
tier or otherwise) without the express permission of such subscriber, unless it complies
with this subsection.
(1) If a licensee wishes to alter the service being provided to a subscriber (including by
retiering, restructuring a tier or otherwise) in such a way that the subscriber shall no
longer be able to obtain the same package of services, then the licensee must provide
the subscriber with 30 calendar days notice of such alteration, explain the substance
and the full effect of the alteration, and provide the subscriber the right within the 30 -day
period following notice, to opt to receive within the same 30 calendar days any
combination of services offered by the licensee.
(2) Except as provided under applicable federal, state, or local law, no charge may be
made for any service or product which the subscriber has not affirmatively indicated, in
a manner separate and apart from payment of the regular monthly bill, that the
subscriber wishes to receive.
(3) Licensee's failure to comply with this subsection shall result in a fine in the amount
of $008:98 315.00 per violation, per day or part thereof that the violation continues.
(r) If the city reasonably questions a licensee's compliance with any provision of this
section, the city may request that the licensee certify in writing to the city, based upon
internal due diligence by the licensee, that to the best of knowledge of the licensee it is
in compliance with the standards set forth in this section; provided, however, that the
city specifically shall identify the performance of licensee that is questioned, and
requests certification not more often than semi-annually. At the request of the city, in the
event of a discrepancy between the reports provided to the city pursuant to this section
and the certification required herein, the licensee shall submit such documentation as
may be required to demonstrate compliance with this section. This documentation shall
be submitted within 30 calendar days of the receipt by the licensee of the city's request.
(s) Responsibility for the administration of this chapter, and any license granted
pursuant to this chapter, and for the resolution of all complaints against a licensee
regarding the quality of service, equipment malfunctions, and related matters, including
the authority to order refunds or fines, is hereby delegated to the city manager, who is
empowered, among other things, to settle, or compromise any controversy arising from
operations of the licensee, on behalf of the city, in accordance with the best interests of
the public. In cases where requests for service have been ignored or in cases where the
service provided is unsatisfactory for whatever reason, the city manager or designee,
hereafter referred to jointly as city manager, shall have the power to require the licensee
to provide service, if in the opinion of the city manager or designee such request for
service is reasonable. Any person aggrieved by a decision of the city manager,
including the licensee, may appeal the matter to the city commission for hearing and
determination. The city commission may accept, reject or modify the decision of the city
manager. No adjustment, settlement, or compromise, whether instituted by the city
City of Miami Page 53 of 98 Printed On: 10/16/09
manager or -by the city commission shall be contrary to the provisions of this chapter or
any license agreement issued pursuant to this chapter, and neither the city manager nor
the city commission, in the adjustment, settlement, or compromise of any controversy
shall have the right or authority to add to, modify or delete any provision of this chapter
or of the license, or to interfere with any rights of subscribers or any licensee under
applicable federal, or state law or private contract.
(t) (1) In addition to the powers delegated in subsection 11-18(s) above, the city
manager shall have the authority to order credits from a licensee to individual cable
subscribers who have submitted a written complaint to the city and to assess fines
against a licensee for any violation of this chapter or any license issued pursuant to this
chapter, which fines shall be paid to the city.
(2) In ordering credits to cable subscribers, the city manager shall be governed as set
forth throughout this section, in which the refund indicated is expressed as a percentage
of the monthly bill of the subscriber. The credits set forth are to be made on a per
violation basis with each day of a continuing violation constituting a separate violation.
The credit ordered by the city manager pursuant to this section shall not exceed 100
percent of a monthly bill of the subscriber, unless a violation has continued at least 30
calendar days from the date first reported to the licensee.
(3) The fines set forth in this section are to be assessed on a per violation basis, with
each day of a continuing violation constituting a separate violation. Where a credit
required by this section is not possible because service has been terminated, licensee
shall issue a refund to the former subscriber for the appropriate amount, provided that
the licensee can locate the former subscriber after using reasonable efforts to do so.
(4) Prior to ordering any credit and/or assessing a fine pursuant to this chapter, the city
manager shall mail to the licensee a written notice, by hand delivery or certified or
registered mail, of the proposed credit and/or fine, specifying the violation at issue. The
licensee shall have ten calendar days from the date of receipt of the written notice to
demonstrate the violation has been cured or to file a written response to the notice of
the city manager describing the plan to cure. In the sole discretion of the city manager,
a fine, credit or refund may be waived, if the issue has been cured or the city manager
believes the issue will be cured according to the proposed plan. Written response of the
licensee shall be signed by management level personnel of licensee and all statements
contained therein shall be regarded as material representations of the licensee to the
city.
(5) Prior to ordering a credit, refund and/or assessing a fine, the city manager shall
consider any justification or mitigating factor advanced in the written response of the
licensee, including but not limited to rebates or credits to the subscriber or a cure of the
violation. The city manager may, after consideration of the response of the licensee,
waive or reduce any proposed credit, refund and/or fine. in the case of a complaint from
a single subscriber or a violation of this chapter or any license issued pursuant to this
chapter in which only a single subscriber has been affected, the city manager may not
assess any fine if the licensee has reasonably resolved the complaint or cured the
violation within a reasonable time frame not to exceed ten calendar days. However, said
subscriber may be entitled to a credit as provided herein.
(6) Subsequent to the notice of proposed credit, refund and/or fine to licensee and
consideration of the response of the licensee, if any, the city manager may issue an
City of Miami Page 54 of 98 Printed On: 10/16/09
assessment of credit, refund and/or fine. The credit, refund and/or. fine shall be paid
within 30 calendar days of written notice to the licensee. If said credit, refund and/or fine
is not paid by licensee in the next bill cycle or within such 30 -day period, as the case
may be, the city may, at its discretion, withdraw immediately the amount thereof from
the security fund. Upon such withdrawal, the city shall notify licensee of the withdrawal
amount, after which licensee shall have ten calendar days from the date of such notice
to deposit in the security fund an amount sufficient to restore the security fund to the
amount specified in the license agreement. This credit, refund and/or fine shall
constitute liquidated damages to the subscriber and city for the violation and the city
may enforce payment of the credit, refund and/or fine in any court having jurisdiction. It
is the intent of the city to determine fines as a reasonable estimate of the damages
suffered by the city and/or its subscribers, whether actual or potential, and may include
without limitation, increased costs of administration and other damages difficult to
measure.
(7) Licensee may appeal any decision of the city manager directly to the city
commission within 30 calendar days of notice of the decision to the licensee.
(8) Intentional misrepresentation by a licensee in any response to a notice of proposed
credit, refund and/or fine, whether oral or written, shall be considered a material breach
of the license agreement, subject to a penalty of no less than $5,000:00 5,250.00 in
liquidated damages to the city, and shall be grounds for license revocation.
(9) In addition to complying with the customer service standards set forth in this
chapter or in any license issued pursuant to this chapter, a licensee shall, at minimum,
comply with all customer service standards applicable to cable systems of the FCC and
any other applicable federal, state or county law concerning customer service
standards, consumer protection, and unfair or deceptive trade practices.
(10) The city expressly reserves the right to consider violations of the customer service
requirements in evaluating any renewal, modification or transfers of any license
agreement.
Section 7. Chapter 17 of the Code is further amended in the following
particulars:{1}
"CHAPTER 17. ENVIRONMENTAL PRESERVATION
ARTICLE 11. DISTRICTS
Sec. 17-42. Civil remedies.
City of Miami Page 55 of 98 Printed On: 10/16,109
In addition to any other remedies provided to this article, the -enforcement agency
shall have the following judicial remedies available for violations of this article or any
permit condition promulgated under this article:
(1) The enforcement agency may institute a civil action in a court of competent
jurisdiction to establish liability and recover liquidated damages for each violation in an
amount of not more than $5,000.00 5,250.00 per offense. Each tree unlawfully removed
under the provisions of this article shall constitute a separate offense hereunder.
(2) The enforcement agency may institute a civil action in a court relief to enforce
compliance with this article to enjoin any violation hereof and to seek injunctive relief to
prevent irreparable injury to the trees or properties encompassed by the term of this
article.
Sec. 17-43. Fees.
(a) Standard certificate of approval: Minimum $2500 26.00 plus $5.00 per tree to be
removed or relocated.
(b) Special certificate of approval: $2-5.00 26.00.
(c) All applications for permits for the removal of trees shall be accompanied by a fee,
as provided for under section 5, "Building permit fee," of Ordinance No. 6145, as
amended.
(d) All appeals pursuant to section 17-40 shall be accompanied by a fee of $30080
315.00, except that no fee shall be charged for such appeals initiated by agencies of the
city or by an owner in fact of a property adjacent to the subject property or by a nonprofit
corporation dedicated to conservation and protection of the natural and physical
environment.
Section 8. Chapter 18 of the Code is further amended in the following
particulars:{1 }
"CHAPTER 18. FINANCE
ARTICLE I. IN GENERAL
Sec. 18-4. Fees for opening and closing graves at city -owned cemetery.
(a) Generally. The schedule of fees for opening and closing graves at the city -owned
cemetery is as follows:
TABLE INSET:
City of Miami Page 56 of 98 Printed On: 10/16/09
Minimum Notice of 24 Hours
After 3:00 p.m.
Weekdays..........
$175.08 184.00
$225.00 236.00
Saturdays..........
208-08 - 210.00
250.00— 262.50
City of Miami Page 56 of 98 Printed On: 10/16/09
gundays and holidays..........
275.00— 289.00
2754A 289.00
Double-depth graves:
First burial..........
-298 00 — 210.00
250.00 262.50
Second burial..........
125.00-131.00
173-80 -184.00
Children's graves up to 36 inches..........
75,00_ 79.00
100.08 -105.00
Interment of ashes..........
75.00 79.00
100.00 -105.00
(b) Veterans. The fees for war veterans interred in block 35 and a portion of block 42
and the north and south peripheral area of the city cemetery shall be as follows:
Opening and closing of a grave where casket at outer case is:
Less than 86 inches ... $ 75.0079.00
Over 86 inches ... a 00.00-105.00
Double depth (to permit burial of wife in same gravesite) ... 159.09157.50
Fees for veterans interred in other sections of the city cemetery than those delineated
above shall remain the same as heretofore established.
*f,
Section 9. Chapter 20 of the Code is further amended in the following
particulars:{1}
"CHAPTER 20. FLOOD DAMAGE PREVENTION
Sec. 20-16. Schedule of fees.
(a) Application for waiver from Ordinance No. 91029:
(1) Residential ...$20().00210.00
Each additional structure ... 25.00-26.25
(2) Commercial ... 275 00 394.00
Each additional structure ... 25.88-26.25
(b) Application filing fee for variance from Ordinance No. 91029:
(1) Single-family residential (per house) ... $ 400 89-420.00
(2) Commercial, industrial or other (per building) ... 800:00-840.00
(c) Appeal to decision of the building official or his designee:
(1) Residential (per house) ... $ 450.00 473.00
(2) Commercial (per building) ... 890.00 840.00
(d) Application fees for variances (after the fact). Application fees for variances (after
the fact) shall be assessed at double the amount indicated above.
*„
City of Miami Page 57 of 98 Printed On: 10/16/09
ARTICLE 111. ENFORCEMENT AND ADMINISTRATION
Sec. 22-93. Enforcement and administrative fees.
(d) Civil penalties assessed pursuant to this article are due and payable to the city on
the last day of the period allowed for the filing of an administrative hearing before a
hearing officer, or if proper appeal is made, when the appeal has been finally decided
adversely to the named violator. The amount of such penalty assessed shall constitute
and is hereby imposed as a lien against the subject property with equal rank and dignity
of any other special assessment liens. Penalties for violations of the provisions of this
article shall be assessed in accordance with the minimum administrative fee schedule
as set forth below:
TABLE INSET:
Acts/Conditions of Noncompliance
Fee
Section
(Subsection)
1 st offense:
$9 262.50
22-46(b) and
22-47(6)
2nd offense.
598-98-- 525.00
22-46(b) and
22-47(6)
3 d offense:
4,000.00
22-46(b) and
1050.00
22-47(6)
Each additional offense:
1-999.99
22-46(b) and
1050.00
22-47(6)
The placement of containers, garbage, trash,
bulky and/or industrial waste on public rights -of-
7-5.00 79.00
22-2(e)
way
Dumpster(s) not kept in approved garbage
150.99 158.00
22-2(f)
facility
Failure of commercial property to have in effect
an agreement with a waste hauler for the250
QQ — 262.50
22-2(b)
collection and removal of solid waste/garbage
from the premises
Failure to inform NET service center of intent to
59.99— 52.50
22-2(a)
discontinue service
Failure to screen container
59.99 — 52.50
22-2(c)
City of Miami Page 58 of 93 Printed On: 10/16/09
Failure to remove raw or processed organic
, 79 00~
22 2(b)
waste matter from food service establishment
Failure to maintain property, sidewalk, alley,
59-00-_ 52.50
22-5,
and/or public right-of-way
22-9
Commercial container violation
50:0-- 52.50
22-2(f)
Insufficient number of approved garbage
50.00 - 52.50
22-2(f)
receptacles
Failure to properly mark container
50 90-- 52.50
22-2(f)
Uncontainerized garbage or miscellaneous
7.08 -79.00
22-8
trash in receptacle area
Unauthorized disposal of garbage or trash or
other waste materials consisting of industrial
500.00 525.00
22-6
and bulky waste or other waste material
Disposal of trash or other waste materials
placed in right-of-way at other than authorized
7-5.00- 79.00
22-18(b)
time
Illegal dumping by a person
509.09- 525.00
22-11
Illegal dumping
599-90-52500
22-60)
Littering
508-90- 525.00
22-6(I)
Illegal dumping from any commercial vehicle
1,nnnmoo-00nn
1050.00
22-11
Illegal dumping of waste tires
1 50 00
22-11
Garbage deposited at minidump site
450.99 - 157.50
22-18(f)(2)
Use of minidump site by commercial
_ 525.00
22-18(f)(1)
establishment
Impeding, salvaging and vandalism of bulky
- 262.50
22-18(f)(3)
Waste minidump site-�
Trash not containerized or bundled
X99-79.00
22-5
Unauthorized bulky waste on right-of-way
75.00--79.00
22-18(b)
Garbage not containerized
X99-79.00
22-8(1)
Litter on premises
50.00-- 52.50
22-9
Sunken containers
10-0-0-0 -105.00
22-2(c)(4)
Operating a vehicle without a valid registration
_ 262.50
22-50
City of Miami Page 59 of 98 Printed On: 10/16/09
Failure to properly identify equipment
100.00 105.00
22-52
All other violations
75.00 79.00
ch. 22
Failure of franchisee to remove container(s)
75.00-79.00
22(b)
from discontinued accounts
City provision of service to discontinued
259.90-- 262.50
22(b)
commercial/multi-family property
Failure of property owner to have contract with
250-0– 262.50
22-2(b)
city franchised hauler
Engaging in commercial solid waste collection
:75.-79.00
22-46
without city franchise
Failure to use city issued container or to set -out
75.00-79.00
properly
22-2
Section 10. Chapter 23 of the Code is further amended in the following
particulars:{1)
"CHAPTER 23. HISTORIC PRESERVATION
ARTICLE I. HISTORIC PRESERVATION
Sec. 23-4. Designation of historic resources, historic districts, and
archaeological sites and zones.
(a) Criteria for designation. Properties may be designated as historic resources,
historic districts, or archaeological sites and zones only if they have significance in the
historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of
the city, state, or nation; possess integrity of design, setting, materials, workmanship,
feeling, and association; and meet one or more of the following criteria:
(1) Are associated in a significant way with the life of a person important in the past;
(2) Are the site of a historic event with significant effect upon the community, city,
state, or nation;
(3) Exemplify the historical, cultural, political, economical, or social trends of the
community;
(4) Portray the environment in an era of history characterized by one or more
distinctive architectural styles;
(5) Embody those distinguishing characteristics of an architectural style, or period, or
method of construction;
(6) Are an outstanding work of a prominent designer or builder;
City of Miami Page 60 of 96 Printed On: 10/16/09
(7) Contain elements of design, detail, materials, or craftsmanship of outstanding
quality or which represent a significant innovation or adaptation to the South Florida
environment; or
(8) Have yielded, or may be likely to yield, information important in prehistory or
history.
(b) Criteria exceptions. Ordinarily cemeteries, birth places, or graves of historical
figures, properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed historic
buildings, properties primarily commemorative in nature and properties that have
achieved significance within the past 50 years shall not be considered eligible for listing
in the Miami register of historic places. However, such properties will qualify for
designation if they are integral parts of districts that do meet the criteria, or if they fall
within the following categories:
(1) A building or structure that has been removed from its original location but is
significant primarily for architectural value, or is the surviving structure most importantly
associated with a historic person or event;
(2) A birthplace or grave of a local historical figure of outstanding importance if no
appropriate site or building exists directly associated with his or her productive life;
(3) A cemetery that derives its primary significance from graves of persons of
outstanding importance, from age, from distinctive design features, or from association
with historic events;
(4) A reconstructed building when accurately executed in a suitable environment and
presented appropriately as part of a restoration master plan and no other building or
structure with the same association has survived;
(5) A property primarily commemorative in intent if design, age, tradition, or symbolic
value has invested it with its own exceptional significance;
(6) A property achieving significance within the past 50 years if it is exceptionally
important; or
(7) A religious property deriving primary significance from architectural or artistic
distinction or historical importance.
(c) Procedures for designation. Properties which meet the criteria set forth in
subsection (a) may be designated as historic resources, historic districts, and
archaeological sites and zones according to the following procedures:
(1) Proposals and preliminary evaluation. Proposals for designation may be made to
the board by any one of its members, the mayor, the city commission, the planning
department, any other city department, agency, or board, or any interested citizen,
organization, agency, association, board, or business entity. The board shall conduct a
preliminary evaluation of the data provided in the proposal for conformance with criteria
set forth in subsection (a); and shall, if appropriate, direct the planning department to
prepare a designation report. The board may require the party initiating such proposal to
provide any necessary documentation, and to pay any applicable fees.
a. Notification. At least ten days prior to the meeting at which the board will consider
the preliminary evaluation, the owner of property or his designated agent or attorney on
file with the city, if any, which is the subject of said proposal for designation shall be
notified by certified mail of the board's intent to consider the preliminary evaluation of
the property. Should the applicant be a person other than the property owner or
City of Miami Page 61 of 98 Printed On: 10/16/09
designated agent or attorney on file with the city, the applicant shall be notified and the
owner of record of the subject property shall be notified.
b. Interim protection measures. From the date said notice of the preliminary evaluation
is mailed, no building permit for any new construction, alteration, relocation, or
demolition that may affect the property proposed for designation shall be issued until
one of the following occurs:
1. The board finds that the property does not appear to meet the criteria for
designation and votes not to direct the planning department to prepare a designation
report in accordance with subsection (b)(1);
2. The board approves or denies the designation in accordance with subsection (b)(3),
or 120 days have elapsed, whichever shall occur first, unless this time limit is waived on
the record by mutual consent of the owner and the board; or
3. The owner applies for an accelerated certificate of appropriateness prior to final
action on the designation by the board, and such certificate of appropriateness has
been issued in accordance with the provisions of section 23-6.2. The preservation office
shall place said application for a certificate of appropriateness on the next available
agenda of the board. Any owner who carries out or causes to be carried out any work
without the required certificate of appropriateness shall be subject to the provisions of
subsection 23-6.2(f).
(2) Preparation of designation report. For every proposed historic site resource,
historic district, and archaeological zone, the planning department shall prepare a
designation report containing the following information:
a. Designation report. The designation report shall contain a statement of the historic,
architectural, and/or archaeological significance of the proposed historic resource,
historic district, or archaeological site or zone; the criteria upon which the designation is
based; a physical description of the property; an identification of contributing structures
and/or landscape features; present trends and conditions; and incentives to encourage
preservation, rehabilitation, or adaptive use.
b. Boundaries. The designation report shall include a map or maps indicating
proposed boundaries. Boundaries for historic resources shall generally include the
entire property or tract of land, unless such tract is so large that portions thereof are
visually and functionally unrelated to any contributing structure or landscape feature.
Historic district boundaries shall in general be drawn to include all contributing
structures reasonably contiguous within an area and may include properties which
individually do not contribute to the historic character of the district, but which require
regulation in order to control potentially adverse influences on the character and
integrity of the district. Archaeological zone boundaries shall generally conform to
natural physiographic features which were the focal points for prehistoric and historic
activities or may be drawn along property lines, streets, or geographic features to
facilitate efficient management.
c. Interiors. Interior spaces that have exceptional architectural, artistic, or historic
importance and that are regularly open to the public may be subject to regulation under
this chapter. The designation report shall describe precisely those features subject to
review and shall set forth standards and guidelines for such regulations. Interior spaces
not so described shall not be subject to review under this chapter.
City of Miami Page 62 of 98 Printed On: 10/16/09
(3) Notice and public hearing. -The board shall conduct a public hearing to determine
whether the proposed historic resource, historic district, archaeological site or zone
meets the criteria set forth in subsection (a) and shall approve, amend, or deny the
proposed designation. The board may rehear proposals based upon policies set forth in
its rules of procedure. All public hearings on designations conducted by the board,
except as provided in subsection (b)(1)a., and hearings on appeals of board decisions
to the city commission regarding designations shall be noticed as follows:
a. The owner of property or his designated agent or attorney, if any, which is the
subject of such designation shall be notified by mail at least 15 days prior to the board's
meeting and ten days prior to subsequent administrative appellate hearings. The owner
shall receive a copy of the designation report unless there are more than 20 owners, in
which case the notice shall state that a copy is available and where it may be obtained.
b. An advertisement shall be placed in a newspaper of general circulation at least ten
days prior to the hearing.
c. Signs shall be posted pursuant to subsection 62-129(2)x., as amended.
d. Notice of the time and place of the public hearing by the board, or city commission,
as the case may be, shall be sent at least ten days in advance of the hearing by mail to
all owners of property within 500 feet of the property lines of the land for which the
hearing is required. The applicant shall be charged the appropriate fee established for
this purpose.
e. For the purpose of this chapter, the names and addresses of property owners shall
be deemed those appearing on the latest tax rolls of Miami -Dade County. The
preservation officer, or his/her designee, shall certify at the time of the public hearing
that notice as herein required was given to the persons as named and with addresses
shown on his certification by the placing in the mail system of the United States on the
date certified the herein required notice, the certification shall be conclusive of the giving
of such notice; in the case of condominiums, notice will be sent solely to the
condominium association. No action taken by the board, or the city commission, as the
case may be, shall be voided by the failure of an individual property owner or property
owners to receive notice pursuant to this chapter.
(4) Historic and environmental preservation atlas. Historic sites, historic districts, and
archaeological zones designated pursuant to section 23-4 shall be shown in the "Official
Historic and Environmental Preservation Atlas of the City of Miami, Florida," as
amended.
(5) Electronic building records. Following the designation of a resource, the historic
preservation officer shall note the property as a historic resource in the city's building
department records.
(6) Notifications. Following the designation of a resource, the historic preservation
officer shall notify the following parties with a copy of the resolution:
a. The owner(s) of record.
b. The Miami -Dade County Clerk of the Courts.
(7) Appeals. The property owner, any one member of the city commission, the
planning department, or any aggrieved party may appeal to the city commission any
decision of the board on matters relating to designations by filing within 15 calendar
days after the date of the decision a written notice of appeal with the hearing boards
department, with a copy to the preservation officer. Such notice of appeal shall set forth
City of Miami Page 63 of 98 Printed On: 10/16/09
concisely the decision appealed from and the reasons or grounds for the appeal. Each
appeal shall be accompanied by a fee"of $509.00 525.00, plus $3.50 per mailed notice
required pursuant to subsection (b)(3). The city commission shall hear and consider all
facts material to the appeal and render a decision as promptly as possible. The city
commission may affirm, modify, or reverse the board's decision. Any decision to reverse
the board's decision shall require a three-fifths vote of all members of the city
commission. Appeals from decisions of the city commission may be made to the courts
as provided by the Florida Rules of Appellate Procedure. The provisions of subsection
(b) shall remain in effect during the entire appeal process, unless stayed by a court of
competent jurisdiction. The appeal shall be a de novo hearing and the city commission
may consider new evidence or materials in accordance with section 2004 of the zoning
ordinance. Appeals shall be made directly to the city commission, within 15 calendar
days after the date of the decision, and follow the procedures described in subsections
23-6.2(e) or 23-4(7).
(8) Amendments. The board may amend any designation by following the same
procedures as set forth in this section. The board may likewise rescind any designation
if the structure or feature of principal historic significance has been demolished or
destroyed.
(d) Effect of designation. Upon designation, and thereafter, the provisions of section
23-6.2 shall apply.
Sec. 23-6.2. Certificates of appropriateness.
(a) Certificates of appropriateness, when required. A certificate of appropriateness
shall be required for any new construction, alteration, relocation, or demolition within a
designated historic site or historic district. A certificate of appropriateness shall also be
required for waivers from the provisions of the zoning code. A certificate to dig shall be
required for any ground disturbing activity within a designated archaeological site or
archaeological zone or within an archaeological conservation area. All certificates of
appropriateness and certificates to dig shall be subject to the applicable criteria in
subsection (h) and any other applicable criteria specified in this chapter, as amended.
No permits shall be issued by the building department for any work requiring a
certificate of appropriateness unless such work is in conformance with such certificate.
(b) Procedures for issuing certificates of appropriateness.
(1) Pre -application conference(s). Before submitting an application for a certificate of
appropriateness, an applicant is encouraged to confer with the preservation officer to
obtain information and guidance before entering into binding commitments or incurring
substantial expense in the preparation of plans, surveys, and other data. At the request
of the applicant, the preservation officer, or any member of the board, an additional pre -
application conference shall be held between the applicant and the board or its
designated representative. The purpose of such conference shall be to further discuss
and clarify preservation objectives and design guidelines in cases that may not conform
to established objectives and guidelines. In no case, however, shall any statement or
representation made prior to the official application review be binding on the board, the
city commission, or any city department.
City of Miami Page 64 of 98 Printed On: 10/16/09
(2) Application for certificate- of appropriateness. The applicant shall submit to the
preservation officer an application together with supporting exhibits, other materials, and
any applicable fees as required by the rules of procedure of the board. No application
shall be deemed to be complete until all supporting materials required have been
provided and any established fees paid.
(3) Standard certificates of appropriateness. Where the action proposed in an
application is a minor improvement, as specified by the rules of procedure of the board,
and is in accord with the guidelines for issuing certificates of appropriateness as set
forth in subsection 23-6.1(c), the preservation officer shall, within ten calendar days of
receipt of the complete application, issue a standard certificate of appropriateness, with
or without conditions, indicating in writing conformity with said guidelines. Following
such approval, permits dependent upon it may be issued if otherwise lawful. An
applicant may request that the application be initially classified as a special certificate of
appropriateness if they wish to have the matter heard by the HEPB.
(4) Special certificates of appropriateness. Where the action proposed in an
application involves a major addition, alteration, relocation, or demolition, as specified
by the rules of procedure of the board; where the preservation officer finds that the
action proposed in an application involving a minor alteration is not clearly in accord
with the guidelines as set forth in subsection (c); or when the applicant is requesting a
waiver from the requirements of the zoning code the application shall be classified as a
special certificate of appropriateness, and the following procedures shall govern.
a. Public hearing. When a complete application is received, the preservation officer
shall place the application on the next regularly scheduled meeting of the board. The
board shall hold a public hearing to review the application. All public hearings on
certificates of appropriateness conducted by the board and hearings on appeals of
board decisions to the city commission regarding certificates of appropriateness shall be
noticed as follows:
1. The applicant shall be notified by mail at least ten calendar days prior to the hearing.
2. Any individual or organization requesting such notification and paying any
established fees therefore shall be notified by mail at least ten calendar days prior to the
hearing.
3. An advertisement shall be placed in a newspaper at least ten calendar days prior to
the hearing.
4. Any additional notice deemed appropriate by the board.
b. Decision of the board. The decision of the board shall be based upon the guidelines
set forth in subsection (c), as well as the general purpose and intent of this chapter and
any specific design guidelines officially adopted for the particular historic resource,
historic district, or archaeological site or zone. No decision of the board shall result in an
unreasonable or undue economic hardship for the owner. The board may seek technical
advice from outside its members on any application. The decision of the board shall
include a complete description of its findings, and shall direct one of the following
actions:
1. Issuance of a special certificate of appropriateness for the work proposed by the
applicant;
2. Issuance of a special certificate of appropriateness with specified modifications and
conditions;
City of Miami Page 65 of 98 Printed On: 10/16/09
3. Denial of a special certificate of appropriateness, including denial of a special
certificate of appropriateness for demolition; or
4. Issuance of a special certificate of appropriateness with a deferred effective date of
up to six months in cases of demolition or relocation of a contributing structure or
landscape feature, pursuant to the provision of subsection 23-5(c)(2), (3), and (4), or up
to 45 calendar days for any work potentially affecting an archaeological site,
archaeological zone, or archaeological conservation area, pursuant to the provisions of
subsection 23-5(c)(5).
5. Issuance of a recommendation to the city commission for a certificate of
appropriateness for any work that is included in an application for a major use special
permit (MUSP), pursuant to article 17 of Ordinance No. 11000, the zoning ordinance, as
amended.
6. Issuance of a written communication prepared by the preservation officer to the
director of the planning department and the zoning administrator that sets out the exact
parameters for their waiver(s) from the provisions of the zoning code and the reasons
wherefore.
(5) Accelerated certificate of appropriateness. When an applicant is proposing
physical changes to a resource that is simultaneously being considered for local historic
designation, if the proposed changes are of a substantial nature, the preservation officer
shall follow the procedures specified for a special certificate of appropriateness. A
hearing for an accelerated certificate of appropriateness will be preceded by the
preliminary designation report, in order to establish whether the resource appears to
meet the criteria for local historic designation.
(c) Time limitations. If no action is taken upon an application by the board within 60
calendar days, excluding those days within the month of August, from the receipt of a
complete application, such application shall be deemed to have been approved, and the
preservation officer shall authorize issuance of any permit dependent upon such
certification, if otherwise lawful, recording as authorization the provisions of this section.
This time limit may be waived at any time by mutual consent of the applicant and the
board. However, should in the opinion of the preservation officer or the historic and
environmental preservation board such delays be attributable to the applicant and/or
their agent, this time limitation 'shall not apply, nor shall the application be considered
approved.
(d) Records. Written copies of all decisions and certificates of appropriateness shall
be filed with the planning department.
(e) Appeals. The property owner, any one member of the city commission, the
planning department, or any aggrieved party may appeal to the city commission any
decision of the board on matters relating to designations by filing within 15 calendar
days after the date of the decision a written notice of appeal with the hearing boards
department, with a copy to the preservation officer. Such notice of appeal shall set forth
concisely the decision appealed from and the reasons or grounds for the appeal. Each
appeal shall be accompanied by a fee of $599:08 525.00, plus $3.50 per mailed notice
required pursuant to subsection 23-4(b)(3). The city commission shall hear and consider
all facts material to the appeal and render a decision as promptly as possible. The city
commission may affirm, modify, or reverse the board's decision. Any decision to reverse
the board's decision shall require a three-fifths vote of all members of the city
City of Miami Page 66 of 98 Printed On; 10/16/09
commission. -Appeals from decisions of the city commission may be made to the courts
as provided by the Florida Rules of Appellate Procedure. The provisions of subsection
23-4(b) shall remain in effect during the entire appeal process, unless stayed by a court
of competent jurisdiction. The appeal shall be a de novo hearing and the city
commission may consider new evidence or materials in accordance with § 2004 of the
zoning ordinance. Appeals shall be made directly to the city commission, within 15
calendar days after the date of the decision, and follow the procedures described in
subsections 23-6.2(e) or 23-4(7).
(f) Changes in approved work. Any change in work proposed subsequent to the
issuance of a certificate of appropriateness shall be reviewed by the preservation
officer. If the preservation officer finds that the proposed change does not materially
affect the property's historic character or that the proposed change is in accord with
approved guidelines, standards, and certificates of appropriateness, the officer may
issue a supplementary standard certificate of appropriateness for such change. If the
proposed change is not in accord with guidelines, standards, or certificates of
appropriateness previously approved by the board, a new application for a special
certificate of appropriateness shall be required.
(g) Conditional uses. The board shall issue special certificates of appropriateness for
conditional uses, pursuant to the provisions of article 7 of Ordinance No. 11000, the
zoning ordinance of the city, as amended.
(h) Expiration of certificates of appropriateness. Any certificate of appropriateness
issued pursuant to the provisions of this section shall expire 12 months from the date of
issuance, unless the authorized work is commenced within this time period, or a
building permit has been obtained. The preservation officer may grant an extension of
time not to exceed 12 months upon written request by the applicant, unless the board's
guidelines as they may relate to the authorized work have been amended.
(I) Guidelines for issuing certificates of appropriateness.
(1) Alteration of existing structures, new construction. Generally, for applications
relating to alterations or new construction as required in subsection (a) the proposed
work shall not adversely affect the historic, architectural, or aesthetic character of the
subject structure or the relationship and congruity between the subject structure and its
neighboring structures and surroundings, including but not limited to form, spacing,
height, yards, materials, color, or rhythm and pattern of window and door openings in
building facades; nor shall the proposed work adversely affect the special character or
special historic, architectural or aesthetic interest or value of the overall historic site or
historic district. Except where special standards and guidelines have been specified in
the designation of a particular historic resource or historic district, or where the board
has subsequently adopted additional standards and guidelines for a particular
designated historic resource or historic district, decisions relating to alterations or new
construction shall be guided by the U.S. Secretary of the Interior's "Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings."
(2) Applications for exceptions. An application for an exception will be made on forms
provided by the planning department, and will be processed and noticed in accordance
with the procedures for a special certificate of appropriateness.
(3) Applications for a waiver. An application for a waiver(s) from the provisions of,the
zoning code will be made on forms provided by the planning department, and will be
City of Miami Page 67 of 98 Printed On: 10116109
processed and noticed in accordance with the procedures for a special certificate of
appropriateness.
(4) Ground disturbing activity in archeological zones, archeological sites, or
archeological conservation areas.
a. No certificate of appropriateness shall be issued for new construction, excavation,
tree removal, or any other ground disturbing activity until the city's archeologist has
reviewed the application and made his recommendation concerning the required scope
of archeological work. The board may require any or all of the following:
1. Scientific excavation and evaluation of the site at the applicant's expense by an
archeologist approved by the board.
2. An archeological survey at the applicant's expense conducted by an archeologist
approved by the board containing an assessment of the significance of the
archeological site and an analysis of the impact of the proposed activity on the
archeological site.
3. Proposal for mitigation measures.
4. Protection or preservation of all or part of the archaeological site for green space, if
the site is of exceptional importance and such denial would not unreasonably restrict the
primary use of the property.
b. The board may issue a certificate to dig with a delayed effective date of up to 45
calendar days to allow any necessary site excavation or assessment.
(5) Unreasonable or undue economic hardship.
a. Where strict enforcement of the provisions of this section would result in an
unreasonable or undue economic hardship to the applicant, the board shall have the
power to vary or modify the provisions of this section, including adopted guidelines. The
fact that compliance would result in some increase in costs shall not be considered
unreasonable or undue economic hardship if the use of the property is still economically
viable.
b. Any applicant wishing to assert unreasonable or undue hardship must submit as a
part of the application for a certificate of appropriateness a written statement presenting
the factual data establishing such economic hardship. The written statement presenting
factual data shall be in the form of a sworn affidavit containing the following information:
1. The amount paid for the property, the date of purchase and the party from whom
purchased, including a description of the relationship, whether business or familial, if
any, between the owner and the person from whom the property was purchased;
2. The assessed value of the land and improvements thereon according to the three
most recent assessments;
3. The amount of real estate taxes for the previous three years;
4. All appraisals obtained by the owner or applicant within the previous three years in
connection with the potential or actual purchase, financing or ownership of the property;
5. All listings of the property for sale or rent within the previous three years, prices
asked and offers received, if any;
6. For income producing property only, a profit and loss statement for the property
containing the annual gross income for the previous three years; itemized expenses,
including operating and maintenance costs, for the previous three years; annual cash
flow for the previous three years; and proof that the owner has made reasonable efforts
to obtain a reasonable rate of return on the owner's investment and labor;
City of Miami Page 68 of 98 Printed On: 10/16/09
7. Any consideration, -by the applicant as to uses or adaptive uses of the property;
c. In the event that any of the required information is not reasonably available to the
applicant or cannot be obtained, the applicant shall file with the affidavit a statement of
the information that cannot be obtained and shall described the reasons why such
information is unavailable.
d. Notwithstanding the submission of the above information, the board may require, at
the applicant's expense, additional evidence, including, but not limited to, architectural,
structural and/or financial evaluations or studies as are reasonably necessary in the
opinion of the board to determine the economic feasibility of rehabilitation of the
structure.
ARTICLE 11. AD VALOREM TAX EXEMPTION
DIVISION 2. APPLICATION PROCESS FOR EXEMPTION
Sec. 23-13. Forms/fees.
Any person, firm, or corporation which desires a tax exemption for historic
properties shall, in the year the exemption is desired to take effect, file a completed
application on the appropriate forms obtained from the city historic preservation officer.
The forms shall contain all the information required by the division of historical
resources, Florida department of state, and promulgated in accordance with Rule 1A-
38, F.A.C., but may also contain additional information as determined necessary by the
board application forms and summaries of deadlines and application procedures shall
be maintained by the officer and shall be made available to the general public upon
request. A non-refundable fee of $259:89 262.50 will be payable upon submission of the
application, with the check made payable to the "City of Miami."
t„
Section 11. Chapter 29 of the Code is further amended in the following
particulars:{1}
"CHAPTER 29. LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE I. 1 N GENERAL
Sec. 29-3. Same --Fees; expiration; renewal.
(a) The permit fee for filling upland property that is below the design grade shall be
$1-50:99 157.50 for the first 5,000 square feet of area to be filled, and $ 00.00 105.00
for each additional 5,000 square feet of area or fraction thereof. The permit fee for filling
City of Miami Page 69 of 98 Printed On: 10/16/09
submerged land shall be $3500 367.50 for each acre -or fraction thereof. Permits
issued for filling shall be in effect for only one year from the date of issuance. Such fill
permits may be renewed annually for a fee of $100.00.
(b) The fee required under this section shall be waived for governmental entities and
agencies.
ARTICLE If. FILLING OF LAND IN BISCAYNE BAY
Sec. 29-52. Fees and charges.
(a) The following schedule of fees shall be charged in connection with this article:
(1) For publication and notification of property owners, payable at the time of filing a
petition, a minimum of $7-5.00 79.00.
(2) For removal of sand, rock or earth by pumping or otherwise, from lands
submerged, or otherwise, as estimated by the director of public works and payable upon
issuance of a permit, $3590 367.50 for the first 1,000 cubic yards or fraction thereof,
and $4-O0 105.00 for each additional 1,000 cubic yards or fraction thereof.
(b) The processing fees required by paragraphs (a)(1) and (2) of this section shall be
waived for governmental entities and agencies.
ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE
RAILWAYS AND OTHER SIMILAR STRUCTURES
Sec. 29-86. Same --Fees.
(a) The permit fee for the construction of any new structural improvement covered by
this article, excluding the cost of any electrical, mechanical and plumbing work requiring
separate permits, shall be based upon the estimated construction costs and shall be a
flat fee of $250.00 262.50 plus two percent of the estimated construction cost. An after -
the -fact permit fee, for any improvements covered by this article on which construction
was performed without proper permits and inspection, shall be quadruple the above fee.
(b) The permit fee for the repair or reconstruction of any existing structural
improvement covered by this article, excluding the cost of any separate permits, shall
be based upon the estimated cost of repair or reconstruction and shall be a flat fee of
$75.00 79.00 or ten percent of the estimated cost of repair/reconstruction up to $500.08
525.00, whichever is greater. An after -the -fact permit fee, for any improvements
covered by this article on which repairs/reconstruction were performed without proper
permits and inspection, shall be quadruple the above fee.
(c) The expense of any inspection by the public works department will be included in
the cost of the permit fee.
City of Miami Page 70 of 98 Printed On: 10/16/09
(d) The fee required under this section may be waived by the director of public works
for governmental entities and agencies.
"CHAPTER 32. MERCHANDISING
ARTICLE 11. BANKRUPTCY AND CLOSING -OUT SALES
Sec. 32-29. Same --Investigation fee.
Upon filing an original application or renewal application for a license to advertise
and conduct a sale or special sale, as defined in section 32-26, the applicant shall pay
to the director of finance a fee of $25.90 26.25 . If an application or renewal application
is disapproved, such payment shall be forfeited to the city for the cost of investigating
the statements contained in such application or renewal application.
ARTICLE 111. REFUNDS AND EXCHANGES
Sec. 32-68. Enforcement and penalties.
(a) Civil enforcement. To the extent permitted by law and in addition to the provisions
of subsection (b) below, the following civil actions may be brought by the city and/or the
injured consumer, and shall not be mutually exclusive:
(1) By city. Upon recommendation from the city manager that a retail establishment
has violated this article, the city attorney may initiate an equity or other action against
the owners and/or principal officers of the retail establishment to compel its compliance
with this article. In the event there is found to be a violation of this article, the city may
recover court costs and reasonable attorney's fees. In any civil action based on this
article, if the city proves that the violation occurred after one or more written warnings or
notices of violation to the defendant(s), or that the violation was especially offensive or
egregious, the court may award punitive damages not exceeding $ 000.99 1050.00 per
violation or three times the price of the merchandise that is the subject of the sale in
question, whichever is greater.
(2) By consumers. Any person injured by a violation of this article shall have the right
to bring a civil action and if he or she prevails shall be awarded compensatory damages
and reimbursements of attorney fees and costs. In any civil action based on this article,
if the injured consumer proves that the violation occurred after one or more written
warnings or notices of violation to the defendant(s), or that the violation was especially
offensive or egregious, the court may award punitive damages not exceeding $1;880.00
City of Miami Page 71 of 98 Printed On: 10/16/09
1050.00 per violation or three times the price of the merchandise that is the subject of
the sale in question, whichever is greater.
(b) Penalties. A person, firm or corporation violating or failing to comply with any of the
provisions hereof shall, upon conviction, be fined not more than $100.00 105.00 for the
first offense and not more than $500.90 525.00 for the second and each subsequent
offense. In addition, the court may, at its discretion, impose on the owner or principal
officers of the offending retail establishment a term of imprisonment for up to 60 days for
the second or subsequent offense.
(c) License may be affected. In addition to the enforcement measures and penalties
set forth in subsections (a) and (b) above which are cumulative, the city may take such
measures as are lawfully permitted under chapter 31 of the Code of the City of Miami,
as amended, dealing with the issuance, renewal, revocation, or suspension of local
business tax receipts.
Sec. 32-69. Requirements.
(a) Signs required. Every retail sales establishment within the city offering goods for
sale to the general public that offers no cash refund, credit refund, or exchange or
merchandise, must post a sign so stating, at the point of sale.
(b) Specifications for sign. The lettering on the posted sign must be at least three-
fourths inch in height and three-fourths inch in width. The sign must be posted in a
visible and conspicuous place near the point of sale.
(c) Failure to post sign. Failure of a retail sales establishment to exhibit a "no refund"
sign under such circumstances at the point of sale shall mean that a refund or exchange
policy exists, and the policy shall be presented in writing to the consumer upon request.
(d) Failure to comply. Any retail establishment failing to comply with the provisions of
this article shall grant to the consumer, upon request and proof of purchase, a cash
refund, credit refund or exchange of merchandise for the merchandise that is the
subject of the sale in question, within seven days of the date of purchase, provided the
merchandise is unused and in the original carton, if one was furnished. Nothing herein
shall prohibit a retail sales establishment from having a refund policy which exceeds the
number of days specified herein.
(e) When establishment grants refunds or exchanges. Any retail establishment which
has disclosed a policy of offering refunds or exchanges shall promptly grant refunds or
exchanges to customers in accordance with said disclosed policies, and no additional
conditions shall be imposed on such refunds or exchanges except as disclosed to the
customer.
(f) Sales slips.
(1) All sales of merchandise in excess of $1.00 but not exceeding $50.00 by a retail
establishment shall be accompanied by a receipt disclosing the date of sale, sales price,
and the legal name and address of the seller.
(2) Merchandise sold for over $50.00 by a retail establishment shall be accompanied
by a written invoice or receipt containing the date of sale, the purchase price, the
identification number or description of the merchandise sold, including the model and
the manufacturer thereof, the name of the salesperson and the legal name and address
of the seller.
City of Miami Page 72 of 98 Printed On: 10/16/09
(3)- A retail establishment using cash registers producing automated sales receipts
furnished to the customer simultaneously with the receiving and recording of the
consideration involved in the sale or transaction shall be deemed in compliance with the
provisions of subsection (f)(2), provided that such sales receipt bears a printed legend
or symbols which will enable the customer, upon request made of the retail
establishment, to be furnished the information in identifiable form that is required to be
furnished as set forth in the preceding paragraphs (1) and (2) of this subsection (f).
*„
"CHAPTER 38. PARKS AND RECREATION
ARTICLE I. IN GENERAL
Sec. 38-1. Children's creative experience program.
The city manager is hereby authorized to organize and conduct children's
creative experience programs in city parks and to charge a fee of $45.00 16.00 per
child, with such preschool activities to commence in the month of October and conclude
in the month of May, and such fee, to provide specialized instruction and supplies, to be
payable upon registration or in a maximum of three installments.
Sec. 38-8. Use of Manuel Artime Community Center.
(a) Rates. Rates for the use of the following areas at the city facility known as the
Manuel Artime Community Center are hereby established, which rates include normal
janitorial service, air conditioning, normal use of houselights, and such other items that
are available at the facility for use, but do not include event personnel or support
services such as police officers, firefighters, ushering staff, ticket sellers and ticket
takers, stagehands, spotlight operators, sound and lighting technicians, musicians,
projectionists, booth equipment and installing and dismantling electrical installations,
and insurance. The use rates established are as follows; however, nothing contained in
the provisions of this section shall limit or restrict the right of the city commission to
establish and fix special charges or special terms and conditions for the use of the
Manuel Artime Community Center of Little Havana:
(1) Manuel Artime Performing Arts Center, Theater, First Floor (900 S.W. First Street):
a. Performances:
1. With no ticket sales:
i. Two hours or less ... $3-59.00 367.50
ii. More than two hours, but less than four hours ... $550.09 577.50
Each additional hour over four hours ... $50.00 52.50
iii. Daily rental at eight hours maximum ... $760.98 787.50
2. With ticket sales:
i. Profit organizations, four hours or less ... $650.00 682.50
ii. Non-profit organizations, four hours or less ... $900.00 630.00
iii. For profit or non-profit organizations, two hours or less ... $490:99420.00
City of Miami Page 73 of 96 Printed On: 10/16/09
b.- Rehearsals: -
1. During a nonperformance date before 5:00 pm, four hours or less
$100.00105.00
2. During a nonperformance date after 5:00 pm, four hours or less ... $200.00 210.00
3. During a performance date, four hours or less ... $109.08 105.00
4. Rehearsals with no performance ... $550.00 577.50
5. Each additional hour over four hours, for any rehearsal stated above ... $59.09
52.50
c. Filming:
1. Daily rental rate, four hours or less ... $700.90 735.00
2. Daily rental rate, eight hours or less ... $959.00 892.50
3. Daily rental rate, more than eight hours ... $4798991050.00
d. Setup time and dismantle time for performances, rehearsals, and filming:
1. A total combination of eight hours or less ... No charge
2. Each additional hour over eight hoyFs hours ... $50.9052.50
(2) Choir room (third floor):
a. For non -tenants:
1. Two hours minimum ... $15.0916.00
2. Daily rental, eight hours maximum ... $8979.00
b. For tenants of the Manuel Artime Community Center with current leases and with
current insurance policies ... No charge
(3) Mini -plaza:
a. Daily rental of eight hours or less ... $450:00157.50
b. Daily rental of eight hours or less in addition to the rental of Manuel Artime
Performing Arts Center, Building A, first floor ... $58:8052.50
c. Each additional hour over eight hours ... $50.9952.50
(4) Mini -park:
a. Daily rental between the hours of 8:00 a.m. and 5:00 p.m.... $159.00157.50
b. Daily rental in conjunction with, and in addition to the rental of Manuel Artime
Performing Arts Center, first floor ... $50052.50
(b) Special rates for frequent non-profit users. For those non-profit organizations
sponsoring four or more events in one fiscal year the rate shall be $400.00 420.00per
event so long as the promoter, producer, sponsor, or organizer of the event is directly
and legally connected to said non-profit organization.
(c) Special rates. In addition to those rates set forth herein, special rates or fee
waivers at the Manuel Artime Community Center facilities upon user request and
recommendation by the administration may be approved by the city commission.
Except for the theater, use of all areas of this city facility is gratuitous for tenants
of the Manuel Artime Community Center who have executed current lease agreements,
subject to securing insurance as required in subsection (d) of this section, if non -tenants
are invited upon the premises of the facility or if the presence of non -tenants is
reasonably anticipated.
(d) Insurance. In addition to the rate(s) charged, insurance coverage, at the sole cost
and expense of the user, is required for all performances, rehearsals, and filming as a
prior condition of use. The insurance requirements shall be satisfied and approved by
the department of risk management prior to the date of the performance, rehearsal, or
City of Miami Page 74 of 98 Printed On: 10/16/09
filming. Use of the premises is prohibited unless the required insurance coverage is
obtained. All policies written must name the city as -an additional insured.
The city may be able to obtain special -events insurance for those events that
meet certain prerequisites. The city, at its sole option, may determine that the event
qualifies for said special -events insurance. If so qualified, the user may comply with the
insurance requirement by obtaining said insurance through the city at the user's
expense.
(e) Reservation deposit payment of fee. Persons or organizations wishing to use the
above -designated areas at the Manuel Artime Community Center shall be required to
make a payment in the amount of $ 99-09 105.00 per day, as a nonrefundable cash
deposit, seven days from the date of notification by the city that the requested date(s)
has been reserved. The cash deposit will be forfeited if the user cancels the event any
time after the payment of the said cash deposit. User must pay the city the total use fee
no less than ten days prior to the reserved date(s), as well as provide insurance
certificate(s) as set forth in subsection (b) of this section and copyright licenses, if
applicable, at this time.
(f) Compliance with applicable requirements. User must produce satisfactory evidence
of the following, where applicable:
(1) Compliance with all zoning ordinance requirements.
(2) Compliance with all county and state health requirements.
(3) Compliance with all applicable state licensing requirements.
(4) Compliance with federal copyright laws, rules and regulations.
(5) Compliance with all provisions of this Code.
"CHAPTER 42. POLICE
ARTICLE 1. IN GENERAL
Sec. 42-8. Special off-duty police services; fees.
(a) Evaluation of requests. The chief of police or his designee shall cause the
requests for off-duty police officers to provide services to persons or businesses
requesting the same to be evaluated on the basis of the reasonableness thereof,
including in such evaluation the factors of existing laws, ordinances, rules and
regulations, personnel scheduling availability, risk of harm to personnel, and police
department efficiency.
City of Miami Page 75 of 98 Printed On: 10/16/09
(b) Administrative fee. As a fee payable to the city to offset the administering of the
herein off-duty police services program, the chief of police shall cause to be collected
and shall establish procedures for the collection by the city of a fee of $3.00 per -hour,
per -man, per -location. Said fee will require a three-hour $9,00 minimum per -man, per -
location.
(1) Notwithstanding the above, assignments for residential off-duty patrol will be
subject to a $10.00 administrative fee.
Multiple police officers, days or locations shall be assessed on a per -man, per -job, per -
hour basis for contractual employment of off-duty police officers by private persons or
firms. (Each shall be subject to the three-hour minimum). This fee shall be in addition to
any special assessments which may be required and shall also be in addition to the
hourly compensation rate payable to the individual sworn police officer. Monies received
hereunder by the city shall be placed in the general fund except that $5.00 of each
administrative fee collected shall be placed in the city self-insurance and insurance trust
fund.
(c) Liability for claims. The city expressly recognizes its ongoing responsibility to
provide self-insurance coverage, subject to the maximum amounts provided in F.S. §
768.28, for tort liability and workers' compensation claims arising out of and in the
course and scope of assigned off-duty police officers performing law enforcement duties
during the period of such assignment. Nothing contained herein shall be deemed to limit
the tort liability or subrogation of parties for or on behalf of whom off-duty police services
are rendered, or upon whose property these services are performed. Further, nothing
contained herein shall be deemed a waiver of any defense or denial of coverage
permitted by law.
Liability for all civil actions and judgments (excluding individual punitive
damages) arising out of claims resulting from the performance of duties unrelated to law
enforcement during the period of said assigned off-duty police services shall be borne
by the party requesting such off-duty police services. The party for or on behalf of whom
such duties unrelated to law enforcement have been rendered shall hold the city, its
officers, agents and employees, harmless for any and all claims, demands, actions,
causes of action, suits, damages, loss and expenses, judgments, and attorney's fees
and costs expended in defense of same.
(d) Compensation of officers limited. Parties receiving off-duty police services shall not
offer, nor shall off-duty police officers accept, any compensation for such off-duty police
services or other services above than specified by the chief of police.
ARTICLE IV. TOWING AND IMMOBILIZATION OF MOTOR VEHICLES
DIVISION 2. NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE
PROPERTY
City of Miami Page 76 of 96 Printed On: 10/16/09
Sec. 42-106. Nature of and issuance of license and renewal.
(a) A license issued or renewed pursuant to the provisions of this article shall not be
transferable from one business enterprise to another business enterprise. All licenses
shall expire on September 30 of each year following the date of original issuance.
Licenses shall be renewable annually.
(b) Licenses shall be issued in the name of the business enterprise meeting the
standards and requirements for licensure.
(c) A business enterprise which has met the standards and requirements for licensure
and which is otherwise qualified for licensure may be issued a license.
(d) The revenue collection division shall issue a license conditioned upon an indication
of approval of the application by the chief of police and upon collection of license fees
by the revenue collection division.
(e) Each business enterprise shall be charged $260.00 262.50 annually as a license
fee.
Sec. 42-109. Penalties.
(a) Violations of the prohibitions and regulations of this article shall additionally
constitute offenses and violations of a city ordinance. Such violations shall be
prosecuted in the county court by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $690.00 525.00 for the first violation; a fine not
to exceed $4,,099.00 1050.00 for the second violation; by a fine not to exceed $1,990.00
1050.00 or by imprisonment in the county jail not to exceed 60 days or by both a fine
and imprisonment for each successive violation.
(b) Any person who charges a vehicle owner a towing or storage charge in excess of
the rate described herein is liable to the vehicle owner for three times the amount
charged.
(c) Any owner or agent of the business enterprise in possession of any private property
causing the removal of a vehicle parked on that property is liable to the vehicle owner
for double the storage or towing charges whenever the owner or agent fails to comply
with the regulations as set forth in section 42-108(b).
(d) Violations of the regulation or prohibition of this article shall result in suspension or
revocation of the license of the business enterprise as set forth in section 42-108(x).
Sec. 42-110. Maximum towing and storage rates for nonconsensual towing of
vehicles from private property.
(a) Towing rates per wrecker class. Towing rates set forth in this article shall be
posted in easily readable form at the customer's point of payment. The following rates
are the maximum allowable for towing vehicles from private property. The applicable
rates shall depend upon the requirements of the towed vehicle, rather than the actual
wrecker class utilized. Base rates shall include hookup, unlocking door, if necessary,
and towing.
(1) Class A:
a. Base rate ... $ 66-00 68.00
City of Miami Page 77 of 98 Printed On: 10/96/09
i. Towing agency ... 50.00 52:50 _
ii. City administrative charge ... 45.09-16.00
(2) Class B:
a. Base rate ... x.00 79.00
i. Towing agency ... 90.99 63.00
ii. City administrative charge ...45.00 16.00
(3) Class C:
a. Base rate ... 400.00 105.00
L Towing agency ... X08 89.00
ii. City administrative charge ... 45.90 16.00
(4) Class D:
a. Base rate ... 4250 131.00
i. Towing agency ... 444:80 115.50
ii. City administrative charge ... 45.09 16.00
(5) Towing agency administrative services:
a. Basic rate after first 24 hours , .. 19:80 10.50
This administrative service is not an automatic "add-on" but only when required to
comply with F.S. §§ 715.05 and 713.78, and may be imposed by the towing agency for
administrative services. This charge refers to and includes verification of public V.I.N.;
search of vehicle ownership information; preparation and processing of paperwork;
owner/lienholder information search; preparation and mailing of the first notification
letter to owner.
b. All actual fees imposed by a state for obtaining pertinent ownership information and
actual postage fees will be in addition to a. above.
The actual fee required by local tag agencies of computer service access time may be
added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by
out of state governmental agencies may be added to the above charges. Towing
agencies will be required to justify the additional charges. All mailing to owners,
lienholders, and governmental agencies (for ownership/lienholder information request),
will be done by certified mail. This administrative service charge will not be imposed by
the towing agency during the first 24 hours of impoundment. Failure to comply with the
owner/lienholder notification provisions, as required by F.S. §§ 715.05 and 713.78, shall
void any and all claims of storage charges by the towing agency for the impound
vehicle.
(6) There will be no other fees of any kind for the release of a vehicle to its owner after
towing.
The city shall send a monthly invoice to the business enterprise for payment of the city's
administrative charges. The administrative charges are due and payable upon receipt of
such invoice. Failure to remit payment of the administrative charges within 15 days of
the receipt of the invoice shall result in an additional charge of $599.99 525.00.
Continued failure to pay the charges after 30 days of receipt of the invoice will result in
the suspension of the license and the city may seek additional recourse from the
business enterprise as set forth in section 42-109.
(b) Storage rates. Daily rates for vehicle storage are based on a time period of 24
hours. The initial six hours of storage shall be without charge. Thereafter, the daily rate
shall apply, according to type of vehicle stored. With respect to stolen motor vehicles,
City of Miami Page 78 of 98 Printed On: 10/16/09
the below daily charges shall not commence until either: (a) 24 hours after the owner of
said vehicle has been personally notified that the vehicle is impounded and the location
of its impoundment; or (b) seven days after notice of such impoundment and location
has been sent via regular mail and via certified mail, return receipt requested, to the
address of the owner as reflected on the registration or title records of the state agency
having custody of such records, whichever occurs earlier.
(1) Any vehicle, first six hours ... No charge
(2) Motorcycles, daily rate ... $ 4.98 4.50
(3) Passenger vehicles, daily rate (up to and including 1/2 -ton truck) ... X2-89 12.50
(4) Large vehicles, daily rate, including trucks over 1/2 ton, boats one charge (with or
without trailer), trailers, etc.... 12
DIVISION 3. IMMOBILIZATION OF MOTOR VEHICLES
Sec. 42-117. Requirements for issuance of immobilization license.
No property owner or immobilization contractor shall be issued an immobilization
license under this article unless there is proof of compliance with each of the following
requirements:
(1) Notice.
a. Notice must be prominently placed at each driveway access or curb allowing
vehicular access to the property, within five feet from the public right-of-way line. The
letters shall be light -reflective, on a contrasting background and not less than two inches
high.
b. The notice must be affixed upon a sign structure which shall be permanently
installed with the bottom of the sign not less than four feet above ground level and shall
be continuously maintained on the property for not fewer than 24 hours before the
immobilization of vehicles. It must clearly display the words "Alert: Immobilization/Tow-
Away Zone" and indicate that parking is reserved for customers only and unauthorized
vehicles will be subject to immobilization and/or towing at the owner's expense.
c. The notice must also provide the name and telephone number of the person or firm
immobilizing the vehicle, the fee for the removal of the immobilization device, such fee
not to exceed a maximum rate of $95.99 89.00(a $60.00 63.00 immobilization
contractor fee and a $25.90 26.00administrative fee). Acceptable methods of payment
shall include cash, U.S. funds and credit card.
(2) Inspection of real property where immobilization is used to enforce parking
restrictions. The property owner shall provide access to the city manager or designee in
order to inspect the required signs on premises where immobilization is used to enforce
parking restrictions.
(3) Notification to owner. Prior to immobilization, the property owner's or
immobilization contractor's representative shall attempt to notify the owner, operator, or
City of Miami Page 79 of 98 Printed On: 10/16/09
person legally -.in control of the vehicle to retrieve it promptly or the vehicle will be
immobilized.
(4) Method of immobilization. Immobilization shall be accomplished by placing a steel
boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be
placed on any other wheel if placement on the front wheel on the driver's side is not
feasible.
(5) Warning sign requirement. Upon immobilization, the property owner shall affix a
warning notice in English, Spanish, and Creole, on the driver's side window of the
vehicle, indicating that the vehicle is immobilized and that any attempt to move it will
cause damage, and shall provide the telephone number to contact for release of the
immobilization device, and the fee for its removal. The city shall provide the property
owner or immobilization contractor with a form copy of the warning sign simultaneously
with the issuance of its immobilization license.
(6) Availability and response time. The property owner or immobilization contractor
shall make available on a 24-hour, seven -d ays-a-week basis, attendants and equipment
for the timely release of the immobilization device. The immobilization contractor is
required to remove the immobilization device from the vehicle within 30 minutes of a call
for said service by the owner of the immobilized vehicle provided payment to remove
the device has been made.
(7) Towing/removal requirements. An immobilized vehicle shall not remain
immobilized on private property for more than 24 hours. After such period of time has
expired, the vehicle shall be released from the steel boot and may be towed or removed
pursuant to this article, and no fee shall be assessed for release of the immobilization
device.
(8) Record of contracts. The property owner or immobilization contractor shall file and
maintain on record at all times with the city manager or designee a list of any and all
current written contracts for immobilization services on private real property within the
city limits. The list shall be kept current and shall provide the city with (a) the address of
the real property; (b) the date of the agreement; (c) the property owner's name, a
contact name and a telephone number at the premises.
(9) Insurance. The property owner or immobilization contractor shall file with the city's
risk management office and have in effect an insurance policy or certificates of
insurance in lieu thereof, which shall indemnify or insure the property owner or
immobilization contractor for all claims of damage to property resulting from any action
or operation in connection with the service performed, such amount not be less than
$20,000.00 for each incident.
(10) Record keeping procedures. The property owner or immobilization contractor
shall keep an immobilization log with information including but not limited to: date and
time the vehicle was observed illegally parked, compliance with this article, the date and
time of immobilization, the location/address of the real property where the
immobilization took place, make, model, color and license tag number of the vehicle
immobilized. In addition, the immobilization contractor shall include in the log the
following release information; verification of vehicle ownership, the name of the person
removing steel boot and the name of person requesting tow service, if applicable. All
files, records, and logs shall be available for inspection on the subject premises during
normal working hours by the city manager or designee. Said log shall be submitted to
City of Miami Page 80 of 98 Printed On: 10116109
the city manager or designee, on a biweekly basis, along with -the appropriate
administrative fee, as required by this article.
(11) Ethics and conduct. The property owner and immobilization contractor shall
conduct business in an orderly, ethical, and business -like manner at all times, and shall
use every means to obtain and keep the confidence of the motoring public. All public
contact shall be in a courteous and orderly manner.
(12) Term of local business tax receipt. The term of ar► local business tax receipt
issued pursuant to this article shall be in accordance with the provisions set forth in
chapter 31, article 11, of this Code.
(13) Rebates. The rebate or payment of money or any other valuable consideration,
directly or indirectly from the individual or firm immobilizing or removing vehicles to the.
owners or operators of the premises from which the vehicles are immobilized or
removed, for the privilege of immobilizing or removing those vehicles, is prohibited.
(14) Identification. The immobilization contractor's employees or agents shall wear
identification tags, or uniforms with identification, stating the full name of the contractor
and the name of the employee or agent; no identification worn by contractor's
employees or agents shall use the words "enforcement", "department", "police", or
"parking". Said identification shall be prominently displayed on the front left side of the
employee's or agent's shirt. The contractor's employees or agents shall not wear
uniforms that bear resemblance to police or off-street parking department officers in
Miami -Dade County. No badges may be worn by immobilization contractors or staff. All
contractor vehicles shall display the contractor name (or name of joint venture or
individual owner or other entity ownership) on the driver and passenger side of the
vehicle in letters at least three inches high. The contractor's address (or address of joint
venture, or individual owner or other entity ownership) and telephone number shall be
displayed on the driver and passenger side of the vehicle in letters at least one inch
high. No contractor shall use the words "enforcement," "department," "police," or
"parking" in its contractor name (or name of joint venture, fictitious name, or entity
name).
(15) Citizen complaints. The immobilization contractor shall respond in writing to any
complaints received by the city manager or designee concerning misconduct on the part
of contractor or its employees or agents, such as excessive charges, poor business
practices, discourteous service, damage to vehicles, and failure to give notice as
required by this article. The city manager or designee shall notify the contractor of any
complaints within five business days from receipt of the citizen complaint. The
contractor shall provide any additional explanation or information with respect to the
particular complaint within five days upon notification. A written disposition of the
complaint will be forwarded to the contractor and the citizen complainant upon
completion of the investigation.
Sec. 42-118. Enforcement; exemptions; penalties.
(a) Enforcement. The city manager's designee shall enforce the provisions set forth in
this division. This does not preclude other law enforcement agencies from any action as
deemed necessary to assure compliance with all applicable laws. If an inspector finds a
violation of this division, the inspector shall issue a notice of violation to the violator as
provided in section 2-823 of this Code. The notice shall inform the violator of the nature
City of Miami Page 61 of 98 Printed On: 10/16109
of the violation, amount of fine for which the violator may be liable, instructions and due
date for paying the fine, notice that the violation may be appealed by requesting an
administrative hearing within ten days after service of the notice of violation, and that
failure to do so shall constitute an admission of the violation and waiver of the right to a
hearing.
If at any time a property owner or immobilization contractor shall fail or refuse to comply
with, or violates any of the provisions of this article, such property owner engaging the
services of the immobilization contractor shall be subject to prosecution under the city's
code enforcement system, in accordance with the provisions set forth in chapter 2,
article X, of this Code. Additionally, the city may seek injunctive relief and/or follow
procedures to revoke and/or suspend the local business tax receipt in accordance with
the provisions set forth in chapter 31, article II, of this Code, where there are repeated
violations of this article.
(b) Exemptions. Nothing in this article shall effestaffect the rules and regulations
governing any person or firm engaged in the towing and removal of vehicles parked on
private property within the city.
(c) Penalties. Penalties for violations of the provisions set forth in this division are
hereby established as follows:
(1) Fines for violations shall be as follows:
First offense ... $ 109.09-105.00
Second offense ... 259.08262.50
Third offense ... 509.00525.00
Fourth offense and all subsequent offenses ... 590:00525.00
(2) Revocation of license. The city may also revoke the contractor's business license in
accordance with the provisions set forth in chapter 31, article X, of this Code and may
be subject to a suit for injunctive relief to enjoin the operation of the contractor in
violation of this division.
(3) As an additional means for enforcement/collection and supplemental to the above,
when a notice or record of any past due penalties which became due and payable to the
city after the effective date of Ordinance No. 11858 is recorded in the public records of
Miami -Dade County, said notice shall constitute a special assessment lien upon all real
and personal property of the contractor owing such penalties, and shall remain a lien
equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank
and dignity to all other liens, encumbrances, titles and claims in to or against the
property involved. Such liens may be foreclosed or levied upon in the manner provided
by law.
(4) In addition to the above, a violation of this article shall constitute a misdemeanor
and shall be punished by imprisonment not to exceed 60 days or by imposition of a fine
not to exceed $500.00 525.00, or both.
DIVISION 4. POLICE TOWS
City of Miami Page 82 of 98 Printed On: 10/16/09
Sec. 42-119. Maximum towing and storage rates for -.police department and
department of - off-street parking dispatched towing and wrecker service for
private vehicles.
(a) Towing rates per wrecker class. Towing rates set forth in this section shall be
posted in easily readable form at the customer's point of payment. The following rates
are the maximum allowable for police and department of off-street parking dispatched
towing and wrecker service for private vehicles. The applicable rates shall depend upon
the requirements of the towed vehicle, rather than the actual wrecker class utilized.
Base rates shall include hookup, unlocking door, if necessary, and towing.
(1) Class A:
Base rate ... $99.0092.00
i. City or department of off-street parking administrative charge ... 25:8826.00
ii. Mileage rate -after first five miles, per mile ...3:-993.50
(2) Class B:
Base rate ...9-89168.00
i. City or department of off-street parking administrative charge ... 25.0026.00
ii. Mileage rate -after first five miles, per mile ... 3-594.00
(3) Class C:
Base rate ... 215.99226.00
i. City or department of off-street parking administrative charge ... 25.9826.00
ii. Mileage rate -after first five miles, per mile ... 4.595.00
(4) Class D:
Base rate ... $289262.50
i. City or department of off-street parking administrative charge ... 25.0926.00
ii. Mileage rate -after first five miles, per mile ...4:595.00
(b) It is intended that any administrative fees or charges payable to the city or to the
department of off-street parking, directly or indirectly, included in the maximum towing
fees included in any contract or agreement in effect in the city be ratified and confirmed
at the $25.00 26.00 rate for the city administrative charge or department of off-street
parking administrative charge which is set forth above. All acts and proceedings,
including enforcement procedures, taken in connection with the imposition of the
administrative fee or charge as included in the maximum rates charged for department
of off-street parking dispatched towing before the date this section becomes a law are
ratified, validated and confirmed, and the administrative fee is declared to be legal and
valid in all respects from the date that it was charged, billed or collected.
ARTICLE V. VEHICLE IMPOUNDMENT
Sec. 42-122. Hearings, administrative civil penalty.
(a) The owner of the motor vehicle, or his/her agent or authorized representative shall
make a written request for a preliminary hearing within five days from the date notice is
received then:
City of Miami Page 83 of 98 Printed On: 10/16/09
(1)- The city shall hold such hearings within ten days of receipt of the written request,
excluding Saturdays, Sundays, and legal holidays, before a special master or alternate
special master of the city. At the hearing, the city shall have the burden to show that
there is probable cause to believe that the motor vehicle is subject to impoundment and
continued seizure under section 42-121. The formal rules of evidence shall not apply at
the hearing and hearsay and circumstantial evidence is admissible.
(2) If, after the hearing, the special master or alternate special master determines that
there is probable cause to believe that the motor vehicle is subject to impoundment and
continued seizure, he/she shall order the continued impoundment of the vehicle unless
the owner or his/her agent or authorized representative pays the city an administrative
civil penalty of up to $4,,000. 8 1050.00, as outlined in subsection 42-121(b)(2), or posts
with the city a cash bond in the amount of up to $4,000.00 1050.00, plus the
accumulated costs of towing and storing the vehicle. If, after the hearing, there is a
finding of no probable cause, the vehicle shall be released forthwith to the owner or
his/her agent or authorized representative without the imposition of the administrative
civil penalty.
(b) At the preliminary hearing, a final hearing may be requested by the owner of his/her
agent or authorized representative. The final hearing shall be scheduled and held
unless continued by order of the special master or alternate special master no later than
30 days after the date that the vehicle was seized and impounded. At the final hearing,
the city shall have the burden to show by a preponderance of the evidence that the
vehicle was used as set forth in section 42-121(a)(1) through (5). If, after the hearing, a
finding is made that the vehicle is subject to impoundment and seizure pursuant to
section 42-121(d) does not apply, then the special master or alternate special master of
the city shall enter an order finding the owner of record of the vehicle civilly liable to the
city for an administrative civil penalty of up to $ 009.00 1050.00, as outlined in
subsection 42-121(b)(2) plus towing and storage costs. If, after the hearing, a finding is
made that the city did not meet its burden of proof as set forth in the subsection or that
one of the exceptions of section 42-121(d) applies, the vehicle shall be returned to the
owner along with any cash bond posted.
Section 12. Chapter 45 of the Code, is further amended in the following
particulars:�1}
"CHAPTER. 45. PUBLIC ORDER
Sec. 45-8. Prohibition against unconscionable prices (price gouging) during a
declared state of emergency.
(a) As used in this section:
Average retail price means the average price at which similar merchandise or
services was sold during the 30 days immediately preceding the declaration of
emergency.
City of Miami Page 84 of 98 Printed On: 10116/09
Commodity means any goods, services, -materials, merchandise, supplies,
equipment; resources, other article of commerce, and includes, without limitation, food,
water, ice, chemicals, petroleum products, and lumber necessary for consumption or
use as a direct result of an emergency.
State of emergency means an occurrence or threat thereof, whether accidental,
natural, or man-made, during times of war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of property
in the city, county, state, and/or nation. Declaration of a state of emergency may be
made at the federal, state, county and/or municipal level.
(b) It is prima facie evidence that a price is unconscionable if:
(1) The amount charged represents a gross disparity between the price of the
commodity or rental or lease of any dwelling unit or self -storage facility that is the
subject of the offer or transaction and the average price at which that commodity or
dwelling unit or self -storage facility was rented, leased, sold, or offered for rent or sale in
the usual course of business during the 30 days immediately prior to a declaration of a
state of emergency, and the increase in the amount charged is not attributable to
additional costs incurred in connection with the rental or sale of the commodity or rental
or lease of any dwelling unit or self -storage facility, or national or international market
trends; or
(2) The amount charged grossly exceeds the average price at which the same or
similar commodity was readily obtainable in the trade area during the 30 days
immediately prior to a declaration of a state of emergency, and the increase in the
amount charged is not attributable to additional costs incurred in connection with the
rental or sale of the commodity or rental or lease of any dwelling unit or self -storage
facility, or national or international market trends.
(c) Upon a declaration of a state of emergency applicable to any portion of the city by
the President of the United States, the governor of the state, the mayor of Miami -Dade
County, and/or the mayor of the city, it shall be unlawful for a person or business, or
their agent or employee, to rent or sell or offer to rent or sell at an unconscionable price,
within the area for which the state of emergency is declared, any essential commodity
including, but not limited to: food, water, ice, chemicals, petroleum products, lumber,
supplies, services, provisions, or equipment, or any dwelling unit or self -storage facility,
that is necessary for consumption or use as a direct result of the emergency. This
prohibition shall remain in effect until the declaration expires or is terminated.
(d) A price increase approved by an appropriate government agency shall not be a
violation of this section.
(e) This section shall not apply to sales by growers, producers, or processors of raw or
processed food products, except for retail sales of such products to the ultimate
consumer within the area of the declared state of emergency.
(f) In addition to the remedies elsewhere provided in this section, the city manager or
his or her designee shall have the authority to institute a civil action in a court of
competent jurisdiction:
(1) To seek temporary or permanent, prohibitory or mandatory injunctive relief to
enforce compliance with or prohibit the violation of this section;
(2) To impose and recover a civil penalty in an amount of not more than $10,000.00
10,500.00 for each violation of this section; and
City of Miami Page 85 of 98 Printed On: 10116109
�(3) To recover any sums and costs expended by the city in tracing, investigating,
preventing, controlling, abating or remedying violation of thissection. Each day during
which any portion of such violation occurs, constitutes a separate violation. In any such
action in which the city prevails, the court shall award the city reasonable attorney's
fees.
(g) The city manager or his or her designee shall have the power to investigate
compliance with the requirements of this section and incident thereto may subpoena
witnesses, administer oaths, and require the production of records.
(h) Any violation of this section may be enforced by the city in an administrative
hearing before a code enforcement board or special master and by the Miami -Dade
County state attorney's office. Each occurrence of unconscionable pricing (price
gouging) shall constitute a separate violation and/or offense.
(i) In addition to the remedies elsewhere provided in this section, any person found
guilty of violating any provision of this section may be punished by a fine not to exceed
$500.00 for each violation, or may be arrested and/or imprisoned in the county jail for a
period not to exceed 60 days, or both.
Section 13. Chapter 53 of the Code, is further amended in the following
particulars:{1}
"CHAPTER 53. STADIUMS AND CONVENTION CENTERS
ARTICLE 1. IN GENERAL
Sec. 53-1. Ticket surcharge on paid admissions to events.
(a) Applicability.
(1) To certain facilities. A ticket surcharge shall be imposed against all paid
admissions to city facilities, including, without limitation, the Orange Bowl Memorial
Stadium, the Marine Stadium, the Coconut Grove Expo Center, the Miami Convention
Center, and the Bayfront Park Amphitheater. Said surcharge shall additionally apply
where admission is charged for events conducted in city parks, facilities therein, and/or
community centers. However, no ticket surcharge shall be imposed upon any event held
at the Manuel Artime Community Center, regardless of paid admissions. Unless
specifically exempted below, and for the purposes of this section, "events" shall include
activities, programs, concerts, festivals, parties, meetings and other gatherings for
whatever social, entertainment, cultural, sport or other purpose and for which attendees
are expected to pay or make a donation in order to attend. The application of the ticket
surcharge shall commence upon the effective date of this section, except for those
events for which advance ticket sales have the prior approval of the city manager, or
designee.
(2) Exemptions. The following activities as defined herein shall be exempted from the
application of the ticket surcharge on paid admissions:
City of Miami Page 86 of 98 Printed On: 10/16109
a. Banquets: Official celebratory or ceremonial -dinners with speeches that honor or
memorialize particular person(s) or occasion(s) and are held by organizations or groups
for their members, delegates, representatives and invited guests.
b. Conferences: Participatory meetings designed for discussion, fact finding, problem
solving, and/or consultation between members, representatives, delegates and/or other
affected parties of organizations on related issues.
c. Consumer shows: Exhibitions of related products and/or services that are open to
the public.
d. Conventions: -Formal assemblies or meetings of members, delegates, and
representatives of an organization or group, such as a political party, fraternal society or
business/professional association, that are convened for a common purpose.
e. Trade shows: Exhibitions of products and/or services that are not open to the public
but are open only to particular members, representatives, businesses and/or groups
involved in a specific trade.
Additionally, said surcharge shall not apply to the International Boat Show, the Orange
Blossom Classic conducted by Florida A&M University, and the Charity Pig Bowl hosted
by the city police department.
(b) Rate of surcharge. Notwithstanding contractual agreements to the contrary, the
rate of the ticket surcharge shall be dependent upon the price of admission charged to
attendees of a given event, as established by the sponsor or promoter of said event, as
follows:
TABLE INSET:
Price of Admission (or suggested donation) Ticket Surcharge
$1.00--$14.99 ... $0.75
$15.00--$29.99 ... 1.00
$30.00 and up ... 2.00
The ticket surcharge shall apply in addition to the actual admission price and shall be
exclusive of any applicable taxes and/or service charges. Each charge shall be itemized
and shown separately on each ticket.
(c) Coiiection, accounts and payment. The sponsor or promoter of each event shall be
responsible for the collection of the ticket surcharge, which shall be recorded and listed
as a separate item in the statement of accounts for said event. Such records and
accounts shall be maintained and available in accordance with all applicable city
requirements and Code provisions. Payment of the ticket surcharge to the proper city
authorities shall be made as soon as reasonably possible after the conclusion of the
event along with any and all other sums which may be due the city, and in no case shall
be permitted to remain unpaid longer than three working days after the event and in all
cases shall be paid prior to the holding of another subsequent event by the same
sponsor. Receipts from said surcharge shall be retained by or used as subsidy for the
facility or park from which they are generated to augment its operating or capital
budget.
ARTICLE 11. CITY STADIUMS
City of Miami Page 87 of 98 Printed On: 10116109
DIVISION 2. MARINE STADIUM
Sec. 53-53. Rental rates and associated charges and conditions.
(a) Definitions. For the purpose of this section, the following words and phrases shall
have the meanings respectively ascribed to them by this subsection:
Aquatic event: An activity or gathering involving persons and equipment in the
presentation of a show, stunt, demonstration, etc., on water.
Athletic event: An activity or gathering involving sports contests or games such
as swimming, boxing or wrestling.
Boat racing event: An activity or gathering involving racing contests or boat
games such as power boat racing, rowing championships or other boat races.
City manager: The city manager or his authorized designee.
Concert event: An activity or gathering involving the presentation of musicals,
the philharmonic, rock concerts and stage shows.
Other events: An activity or gathering other than events previously, or elsewhere
in this subsection (a), described, such as events sponsored by nonprofit entities or
conventions. The examples herein are illustrative only and do not preclude other types
of activities or gatherings.
Patrons: The person purchasing an admission ticket to an event or series of
events in and/or outside the stadium.
Stadium: The Marine Stadium (Commodore Ralph E. Munroe Marine Stadium).
Trade shows: An activity or gathering involving the display or showing of new
merchandise, equipment and other items of commerce.
User: The person or parties entering into a use agreement with the city for an
event or series of events to be held in the Marine Stadium. Such person may also be
referred to as the "sponsor."
(b) Admission tax and minimum charges.
(1) Except as otherwise provided in this section, charges by the city for the use of the
stadium shall be assessed as follows:
a. For the use of the stadium premises for other events and trade shows, there shall
be assessed a fee, payable in advance, which shall be the greater of $1,500,00
1,575.00 per show day and $088-48 525.00 per day for setup and/or breakdown, or a
city tax on each admission to the stadium of ten percent of the gross price, as
established by the sponsor, on each admission sold by the sponsor of the event to be
held in and on the stadium premises, less any federal, state or locally imposed tax
payable upon such admission price. The $08:08 1,575.00 -per -day fee or ten percent
of the gross price does not include any stadium costs except normal electricity, water
and sewer service. All event costs, including but not limited to security, electricians,
custodial personnel, restroom attendants, office attendants, cleanup costs, police
department personnel required for traffic control and crowd control, etc., shall be paid by
the sponsor.
City of Miami Page 88 of 98 Printed On: 10116109
b. For the use of the stadium premises for -any concert or events including, but not
limited to, athletic events, boat racing events and aquatic events, and concert events
where no admission is charged, there shall be assessed a fee, payable in advance,
which shall be the greater or $90.00 2,625.00 per day or a city tax on each
admission to the stadium of 12 percent of the gross price, as established by the
sponsor, on each admission ticket sold by the sponsor of the event to be held in and on
the stadium premises, less any federal, state or locally imposed tax payable upon such
gross price. The $2,-598-89 2,625.00 per day or 12 percent of the gross price shall
include electricity, water and sewer but the sponsor shall pay all other event costs,
including, but not limited to, security, crowd control, electricians, custodial personnel,
office attendants, cleanup, police department personnel required for traffic control and
crowd control, and other like expenses.
c. For the use of the parking lot only, there shall be assessed a flat fee, payable in
advance, of $1,000.88 1050.00 per day or portion thereof. The $1,0Q0:99 1,050.00 at
fee does not include any stadium costs. All event costs, including but not limited to
electricity used, security, electricians, cleanup, police department personnel required for
traffic control and crowd control, etc., shall be paid by the user.
d. For the use of the stadium premises for a combination of several types of events,
the user shall pay those rates which apply to the event having the larger of the fees
quoted herein.
(2) Any person, company, corporation, or organization requesting to reserve a date (or
dates) for the use of Marine Stadium shall be required, within ten calendar days of the
initial request for date reservation, to make a payment in an amount equal to ten
percent of the basic rental fee as a nonrefundable cash deposit. Additionally, not less
than 60 days prior to the date reserved for the subject event the user must pay to the
city an additional 40 percent of the basic rental fee, which will also serve as a
nonrefundable deposit. The intent of the city in this regard is that the user must have
made a total nonrefundable deposit to the city of 50 percent of the basic rental fee by at
least 60 days prior to the date reserved. The 50 -percent balance of the basic rental fee
shall be paid to the city, as a nonrefundable cash deposit, not less than 30 days prior to
the event date. All of the advance rental fees collected by the city will be forfeited if the
user cancels the event.
(3) Federal, state and locally imposed taxes shall be separately shown and printed
upon each and every ticket printed for an event, including complimentary tickets.
Complimentary tickets shall be clearly overprinted as such. Users shall be permitted to
issue complimentary tickets to their event in an amount equal to a maximum of three
percent of the total tickets sold for the event, over and above those complimentary
tickets designated by the use agreement, and, if the city's audit conducted subsequent
to the event reveals that complimentary tickets were issued in an amount exceeding
three percent of the total ticket sales, then the user will be required to pay the 12 -
percent city tax on that number of complimentary tickets which exceed the three
percent. The 12 -percent city tax on the excess complimentary tickets shall be paid on
the "average" ticket price charged by the user for that event.
(4) The user shall keep available in its office, or such other place approved by the city
manager, true, accurate and complete records and accounts of all ticket sales
transacted in connection with the stadium event and shall give access to the authorized
City of Miami Page 89 of 98 Printed On: 10/16109
representatives of the city, during reasonable business hours, to examine and audit-
such
udit such records and accounts. Final accounting and payment of all sums due hereunder
shall be made to the proper city authorities as soon after the holding of each event as
may be reasonably possible, and in no case shall be permitted to remain unpaid longer
than three working days after the event, and in all cases shall be paid prior to the
holding of another subsequent event by the same user.
(5) The user of the stadium, and the seller of the tickets, shall be responsible for the
collection and payment of all tax monies required to be collected hereunder and shall
hold in trust for the city all amounts due hereunder and shall account for and pay over to
the city all such sums within the time periods required, or immediately upon written
demand by the director of finance of the city. Failure to make full accounting and
payment upon demand shall subject the user to a penalty of two percent per month or
fraction thereof intervening between such demand and final accounting and payment,
exclusive of the first 24 hours of such period, which penalty shall be additional to other
penalties provided by this Code and the city Charter.
(6) The tax levied hereby and all sums paid to the city under this section shall be
deposited by the city daily as received in the funds and accounts of the stadium.
(c) Special charges, terms and conditions.
(1) a. The user for any event shall obtain, at its own cost and expense, public liability
insurance in the amount of not less than $1,000,000.00 per occurrence for bodily injury,
and not less than $100,000.00 per occurrence for property damage. The user shall
furnish certificates of insurance to the city at least ten days prior to any scheduled
event, in the amount, type and classification as noted. No modification or change in said
insurance shall be made without at least 20 days' advance written notice to the city.
Insurance policies required above shall be issued by companies authorized to do
business under the laws of the state, with the following qualifications as to management
and financial strength: The company must be rated no less than A as to management,
and no less than class X as to financial strength, in accordance with the latest edition of
Best's Key Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street,
New York, New York. All such policies to cover the scheduled events shall name the
city as an additional insured.
b. The city may be able to obtain special -events insurance for events that meet certain
prerequisites. The city, at its sole option, may determine that the event qualifies for said
special -events insurance. If so qualified, the user may comply with this section by
obtaining said insurance through the city.
(2) At any time when the flat -rate charge is imposed for the use of the stadium to stage
an event, or when admission and entry to any event is not conditioned upon the
purchase of a ticket or the payment of a fee by the patron, the charge to the user shall
not be less than the cost of operating the stadium for said event.
(3) Uniformed police officers and/or other security personnel shall be provided by the
event user in numbers acceptable to the facility manager as being sufficient to control
the anticipated event crowd both within and outside the stadium, with payment therefor
to be made by the user.
(4) User shall also provide, at its expense, all admission tickets to its event, as well as
ticket takers, ticket sellers and ushers, as required, and in numbers acceptable to the
City of Miami Page 90 of 98 Printed On: 90196109
facility manager as being sufficient to handle smooth entry of the public into the stadium
and to provide efficient ushering and seating of the event crowd.
(5) Nothing contained in the provisions of this section shall limit or restrict the right of
the city commission to establish and fix special charges or special terms and conditions
for the use of the stadium.
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Section 14. Chapter 54 of the Code, is further amended in the following
particulars:{1}
"CHAPTER 54. STREETS AND SIDEWALKS
City of Miami Page 96 of 98 Printed On: 10/16/09
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Section 14. Chapter 54 of the Code, is further amended in the following
particulars:{1}
"CHAPTER 54. STREETS AND SIDEWALKS
City of Miami Page 96 of 98 Printed On: 10/16/09
ARTICLE I. IN GENERAL
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 fire -rescue department. After approval by the departments of
police, public works, and fire -rescue, the city manager, or designee, shall issue a
permit.
(b) Conditions. Such permit shall set forth minimal reasonable conditions necessary
for the protection of property and personal safety. Any violation of the conditions set
forth shall render such permit null and void.
(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 and shall, further, hold the city harmless for
any injuries or damages arising or resulting from the permitted work including any
injuries or damages resulting from alleged negligent acts or omissions on the part of the
city. The applicant shall insure that adequate safety precautions are in effect at all times
during the term of the permit. Prior to the issuance of any such permit, the applicant
shall submit to the city a certificate binder or policy of liability insurance in an amount
not less than $100,000.00 per person, $200,000.00 aggregate per incident, or the
amounts specified as a limit of liability set forth in F.S. § 768.28, and any amendments
thereto, whichever is greater, which shall include the city as an additional insured, and
which shall provide that it will remain in full force and effect during the full term of the
permit.
(d) Fees.
(1) A fee of $109.00 105.00 shall accompany each permit application to the police
department, to be retained by the city regardless of action taken in the grant or denial of
the permit.
(2) Waiver of fees. The fees described in subsection (d)(1) hereinabove may be
waived or reduced by the city commission if the commission determines that such a
waiver or reduction is in the city's best interest.
(e) Public gatherings. This section shall not prevent any person or persons from
assembling on the streets or sidewalks, or in any park, or on private property, for the
purpose of making any speech, engaging in spontaneous expression, or conveying any
message to the public or government without holding a permit pursuant to this section.
In addition, this section shall not apply either to an "assembly", to a "parade" or to a
"special event", as they are defined in section 54-1.
City of Miami Page 97 of 98 Printed On: 10116/09
Sec. 54-9.2. Civil fines.
The following civil fines shall be imposed for violations of sections 54-7, 54-9(b) and (c)
herein:
(1) If the offense is the first offense, $448-09 105.00 fine plus $50.00 per sign;
(2) If the offense is the second offense within the preceding 12 months, $250.00
262.50 fine plus $50.00 per sign;
(3) If the offense is the third or subsequent offense within the preceding 12 months,
$080:00 525.00 fine plus $50.00 per sign.
(4) Notwithstanding subsections (1)--(3), no person, business or benefactor shall
receive more than one offense within any one -day period, however, the $50.00 per sign
fine shall apply to all signs found during that one -day period.
Section 15. If any section, part of a section, paragraph, clause, phrase or word
of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall
not be affected.
Section 16. This Ordinance shall become effective immediately upon its
adoption and signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU n
CITY ATTORNEY �k
..Footnote
{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 or upon
the effective date stated herein, whichever is later.
City of Miami Page 98 of 98 Printed On: 10/16/09