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Home My WebLink AboutLegislation01- 06 459 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00593 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-3, TO CLARIFY THE APPLICANT'S ASSUMPTION OF LIABILITY; TO PROVIDE FOR RESTRICTIONS CONCERNING TEMPORARY OBSTRUCTIONS; TO PROVIDE AN APPLICATION AND PERMIT FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend the, Code of the City of Miami, Florida, as amended ("City Code"), to clarify the permit requirements for work that constructs or closes a street or sidewalk or impedes traffic; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. Chapter 54 of the City Code, "Streets and Sidewalks," is further amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS 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 City of Miami Page 1 of 4 Printed On: 5/1/2007 File Number.. 07-00593 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 from all claims, suits or actions of any kind whatsoever arising out of or resulting from the closure, the issuance of the permit or the operations or activities of the permittee and shall, further, hold the city harmless for any injuries or losses or damages arising or resulting from the permitted work including any injuries or losses or damages resulting from alleged negligent acts or omissions on the part of the city. Final responsibility for all activities and the installation and maintenance of traffic -control devices shall rest with the permittee. 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. (4) Fees. (44 Temporary obstruction of streets and sidewalks. ,C11 Any permit issued pursuant to this chapter under this section may be revoked at any time for violation of the terms of the permit. The City Manager or his designee may revoke this permit with justification. The permit holder shall not locate a temporary office, trailer, portable toilets, equipment or storage materials and supplies within the temporary obstructed right of way. Such storage of materials or supplies may be allowed by the Public Works Department if no suitable alternative exists. A violation of this section shall result in a fine of $250,00 per day for each violation. ,(3i If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $250.00 per day for each violation, plus any appropriate additional fees for the obstruction. (4),The permittee must provide a construction staging plan showing the location of lifting equipments if applicable, ingress and exit points, and a signed and sealed statement from a registered professional engineer in the state of Florida that no suitable onsite alternative exists. Fees. (1) A fee of $100.00 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 City of Miami Page 2 of 4 Printed On: 5/1/2007 File Number: 07-00593 (2) A non-refundable fee for a permit issued under this article for the partial or full obstruction by construction related activities exceeding one month in duration shall be as follows: a. $0.15 per linear foot per day of sidewalk/curb usage b. $0.25 per linear foot per day of parking lane usage* *This fee is in addition to fees payable under chapter 35 of the City Code of the City of Miami, as amended. c. $0.30 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane usage. The fees shall accompany each permit application to the Department of Public Works for the use of the public right of way. u All fees collected by the Public Works Department in accordance with subsection (e)(_2) shall be deposited in a rollover account to be known as the lane closure fund. This account shall be used for the inspection of lane closures, and maintenance of the public right of way. a) Waiver of fees. The fees described in subsection (e)(2) shall not apply to the City of Miami or any other Federal, County, City, School District entity, or for construction, excavation, and repair within the public right of way. The fees described in subsection (e)(1) and (e)(2) 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. (f) The revenues received will be placed in a special revenue fund. Ninety percent (90%) of this revenue will be used for public right of way improvements and repairs. Ten percent (10%) of special revenue will be used for Public Works Department training, materials and equipment related to road closures. Expending _these funds will be at the discretion of the City Manager by recommendation of the Public Works or Capital Improvement Directors. 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. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 3 of A Printed On: 5/1/2007 File Number 07-00593 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission: City of Miami Page 4 of 4 Printed On: 5/1/2007