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Home My WebLink AboutO-12977City of Miami Legislation Ordinance: 12977 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01548 Final Action Date: 3/13/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," AND CHAPTER 54/ARTICLE II OF THE CITY CODE ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," BY AMENDING SECTIONS, AS STATED HEREIN, CONCERNING THE REGULATION OF EXCAVATION WORK IN THE PUBLIC RIGHTS -OF -WAY TO CONFORM WITH THE FLORIDA CONSUMER CHOICE ACT OF 2007; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to promote the public health, safety, and general welfare, the City of Miami has a substantial and significant public interest in maintaining and protecting its public rights -of -way and requiring that individuals and entities seeking permits to conduct any type of excavation in those public rights -of -way do so in a safe, expeditious, and professional manner and that existing and future permit holders comply in a non-discriminatory manner; and WHEREAS, the Florida Legislature has passed and the Governor has signed the Consumer Choice Act of 2007 (the "Act") regarding, inter alia, access by cable and video services to the public rights -of -way and the permitting processes of local governments regarding existing permit holders and future permit holders engaged in various communications systems and devices and other systems excavating, constructing, using, restoring, obstructing, and maintaining systems within the public rights -of -way; and WHEREAS, local government ordinances regulating the conduct of excavation work in the public rights -of -way must comply with the Act; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Chapter 2/Article X, of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Administration/Code Enforcement," is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION City of Miami Page 1 of 5 File Id: 07-01548 (Version: 1) Printed On: 4/27/2017 File Number: 07-01548 Enactment Number: 12977 ARTICLE X. CODE ENFORCEMENT Sec. 2-829. Schedule of civil penalties. * CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Code Section Description of Violation Civil Penalty * * * * * * * * * 54-3 Failure to obtain permit to obstruct street, or sidewalk or impede traffic or failure to pay usage fee. Daily usage fee will be required to be paid in addition to payment of the applicable penalty. 200.00 _ 250.00 54-3 Failure to comply with conditions set forth by such permit, each violation. 50.00 250.00 * * * * * * * * * * 54-57 Obstructing streets or sidewalks with trash, lumber or other obstructions. 50.00 250.00 54 57 Failure to install proper lighted warning devices on permitted obstructions in the public right of way. 200.00 * * * * * * * * * * * *!, City of Miami Page 2 of 5 File Id: 07-01548 (Version: 1) Printed On: 4/27/2017 File Number: 07-01548 Enactment Number: 12977 Section 3. Chapter 54/Article II of the City Code entitled "Streets and Sidewalks/Construction, Excavation and Repair" is amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS * * * * * * * * * * * * ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR * * * * * * * * * * * * Sec. 54-42. Excavations. * * * * * * * * * (d) Obstruction of more than two blocks the right of way. In the event that the permitted individual, company or agency desires to obstruct or temporarily close any portion of the right of way in order to accomplish the work, a separate permit shall be required pursuant to section 54-3. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two adjacent blocks at a time, and the work on one of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed before the work was commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. * * * * * * * * * * Sec. 54-49. Obstructing street with materials. Materials such as are to be used in the work or for construction purposes may be piled stored in the street right of way by the contractor , but only in such a manner as not to cause needless obstruction of traffic, and the contractor is n� rot to -use more than one half the width of the street in any case for construction purposes only upon approval of the Public Works Department if no suitable alternative exists and obtaining a permit pursuant to section 54-3. All sidewalks, gutters, drains, fire hydrants, roadways and private driveways within the block in which work is being done are to be kept open by the contractor for their intended use. As soon as the work is finished or the permit expires, whichever occurs first, all accumulated rubbish or surplus materials, forms, tools and equipment shall be promptly removed from the street right of way by the contractor. City of Miami Page 3 of 5 File Id: 07-01548 (Version: 1) Printed On: 4/27/2017 File Number: 07-01548 Enactment Number: 12977 Sec. 54-53. Closing of streets during progress of work. When any work is being done or is to be done under the direction of the city authorities on any street, avenue or alley in the city, such street, avenue or alley, or any part thereof, may be closed to the passage of vehicles or pedestrians while such work is in progress only upon approval of the Public Works Department and obtaining a permit pursuant to section 54-3. * * * * * * * * * Sec. 54-57. Obstructing streets or sidewalks with trash, lumber, etc. {a} No person shall place any trash, lumber, wood, glass or other obstruction in any public street, lane, alley or way, or on any sidewalk. Any person who shall place any such obstruction in any street, lane, alley or way, or on any sidewalk, and fail to remove the same within six hours after being notified by the chief of police or any police officer, or who, after having removed the obstruction, shall replace it or place similar obstructions shall, on conviction, be punished as provided in section 1-13. Any person actually building or about to build or repair any buildings, or construct or repair any sewer or line of water or gas piping, may collect and lay be allowed by the Public Works Department to temporarily store all such materials as may be necessary within the street or sidewalk adjoining the place where such building or repairing is to be done, or in front „f such h, iilding and shall -have -the - privilege of using one third of the width of the street adjoining in front of such building or repairs. But in no event shall any person obstruct the sidewalk in front of or along the site or place where such improvement is being made, or where such building is in process of repair or construction, except sidewalk be permitted for a period exceeding one day. if no suitable alternative exists and only upon obtaining a separate permit pursuant to section 54-3. (b) The owner or proprietor of such materials shall cause a lamp or lantern, with a good and sufficient light therein, to be securely hung up, placed or fixed on a post or otherwise at each end of the pile of manner as to clearly and plainly show the place and extent occupied by such material. The lamp or and shall be kept burning until daylight. * * * * * * * * * *11 Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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. City of Miami Page 4 of 5 File Id: 07-01548 (Version: 1) Printed On: 4/27/2017 File Number: 07-01548 Enactment Number: 12977 Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 5 of 5 File Id: 07-01548 (Version: 1) Printed On: 4/27/2017