HomeMy WebLinkAboutLegislation FR/SRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01051 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND
REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED
"EXCAVATIONS," BY CLARIFYING EXISTING LANGUAGE AND CREATING
PERMIT REQUIREMENTS FOR EXCAVATIONS THAT AFFECT THE PUBLIC
RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, there has recently been a proliferation of utility markings in the City of Miami ("City");
and
WHEREAS, many of the utility markings remain even after the completion of the excavation or
demolition which required the utility markings to be placed; and
WHEREAS, the utility markings remain even though they are no longer valid and negatively affect
the aesthetics and quality of life of City and its residents, and can be characterized as graffiti; and
WHEREAS, Chapter 556, Florida Statutes, the "Underground Facility Damage Prevention and
Safety Act", as amended, regulates excavations and demolitions that may affect underground utilities,
and now requires low -impact utility markings to be placed;
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 and
incorporated as if fully set forth in this Section.
Section 2. Chapter 54/Article II of the Code of the City of Miami, Florida, as amended, 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
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City of Miami Page 1 of 5 File Id: 10-01051 (Version: 1) Printed On: 9/13/2010
File Number: 10-01051
Sec. 54-42. Excavations.
(a) Permit required. Except as provided in 54-42(b) when any person desires to disturb, cut into; dig up
or excavate any public street or sidewalk, whether the same is paved or unpaved. or to cause the
same to be done, application shall be made to the director of public works for permission therefore. No
person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing
in writing on the permit application form the person(s) on whose behalf such work in the public
right-of-way is being performed or conducted. If such work is being performed by one (1) or more
person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or
operating any type or manner of system, equipment, or device within the public right-of-way, then
both/all persons must comply with all application and permitting requirements of the city. Failure of any
person(s) to fully disclose his/her/their interest/participation/representation in the permit application or
to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by
the city of any excavation permit previously granted resulting in such permit becoming null and void
(without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a
written notice that such permit will not be granted, as the case may be, due to violation of this provision
by the person(s) who applied for such permit. The city shall have the right to take all legal measures
and seek all available remedies to enforce this disclosure provision. Such permit shall set forth minimal
reasonable conditions, as permitted by law, necessary for the protection of property and personal
safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going
maintenance or reparations for un-repaired conditions or damages that may be required of the
person(s) under the circumstances and extent of the work to be performed or conducted by such
person(s) under such permit. Any violation of the conditions set forth or any violations under applicable
law shall render such permit automatically null and void, without the necessity of any further action or
proceeding. Such permit shall cover the length of time necessary and reasonable according to the type
of activity involved. Additionally, unless otherwise provided by general law, any continuing use of the
public right-of-way by any such person(s) shall require such person(s) to also enter into a continuing
maintenance and restoration agreement, registration, or a franchise agreement, as applicable by
Florida Statutes or the City Code, with the city, and to provide such continuing insurance and such
continuing surety that may be required by the agreement or registration relating to such continuing
maintenance and potential restoration. A permit application form will not be required to be submitted
for multiple sanitary sewer laterals, water service laterals or water meters installed by the Miami -Dade
Water and Sewer Department, if such multiple installations are combined into a single written request
for permit to the director of public works. A request for multiple water and sewer installations shall be
submitted to the director of public works prior to construction work and shall not require submittal of a
surety for restoring the street or sidewalk as described in subsection (c) of this section.
(b) Underground utilities; underground facility. Prior to the issuance of a permit by the Director of
Public Works, all Persons shall fully comply with Chapter 556, Florida Statutes, entitled "The
Underground Facility Damage Prevention and Safety Act " as amended ("Chapter 556"). No City
permit will be required from operators of underground facilities in order to identify underground
facilities. In other instances permits required by this Section shall be required. Chapter 556 is deemed
as being incorporated by reference herein as though set forth in full. Markings required by Chapter
556 shall apply only to active excavation areas and shall only be made prior to or during the
excavation. Upon completion of the excavation in the immediate area, even if the excavation proiect
has not been fully completed, further markings pursuant to state statute shall not be required in areas
no longer affected by the excavation. Markings required by Chapter 556 shall be made with flags or
stakes, or temporary, non -permanent paint or other industry -accepted low -impact marking practices.
City of Miami Page 2 of 5 File Id: 10-01051 (Version: 1) Printed On: 9/13/2010
File Number.• 10-01051
Failure to comply with these provisions or the provisions detailed in Chapter 556 shall subject all
Persons including the Persons on whose behalf such work in the public right-of-way is being
performed or conducted and the owner of the property which adjoins or abuts the street or right-of-way
for which the permit was issued to the procedures, violations. penalties prescribed in Chapter 556. or
code enforcement proceedings pursuant to Chapter 2. Article X of the City Code. or both.
{ ) Lc_) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this
section, the director of public works shall calculate the cost of fully restoring the street or sidewalk to
the condition in which it is found upon the filing of such application. The cost shall be calculated on the
basis of the following rates:
Per Square Foot
Permanent paving (asphalt concrete and rock base) $ 2.75
Asphaltic concrete (only) 1.50
Stained Stamped/color asphalt concrete (only) 4.00
Six-inch driveway paving (plain concrete) 5.00
Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) 8.50
Six-inch concrete sidewalk (plain concrete) 2.50
Four -inch concrete sidewalk (plain concrete) 2.00
Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) 8.50
Six-inch reinforced concrete protective slab 3.50
Backfill 1.00
Eight -inch rock base 1.25
Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) 8.50
Solid sod 1.00
Per Linear Foot
Curb $10.00
Valley gutter 12.00
Curb and gutter 12.00
Concrete encasement for sewer pipe 3.00
Swale trench 35.00
Exfiltration trench 70.00
Each
Street furniture (benches, waste receptacles, bicycle racks, etc. 250.00
Drainage structure (inlet, manhole, etc.) 2,000.00
Decorative illumination (fixture/pole/mounting) 5,000.00
)d) Payment of amount of costs for restoration; issuance of permit; time for completion;
consequences of failure to complete street restoration.
(5) In the event that the permitted person, company or agency fails or refuses to complete the work,
including restoration, within the time specified by the permit, all payments including the
above -referenced surety shall be deemed forfeited. The director of public works shall then be
empowered to cause restoration to be done by contract, or by city forces, without regard to the status
of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted
individual, company, or agency. If the required amount is not remitted within ten (10) days of written
notice by the director of public works to the permitted individual, company, or agency, the forfeited
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monies shah be used to complete the work. Any costs in excess of the available forfeited monies shall
constitute and become a lien against the private real property if owned by said permitted individual,
company. or agency, which adjoins or abuts the street or right-of-way for which the permit was issued.
Any forfeited monies remaining after restoration costs have been paid in full may be returned to the
permittee if the reason for the delay has been due to causes beyond the control of the permittee.
Additionally, the director of public works may administratively establish and enforce written rules and
procedures pertaining to the withholding of the issuance of new excavation permits to any individual,
company, or agency that fails or refuses to complete the restoration work and obtain from the public
works department a final inspection approval within the expiratioato term of the previously issued
excavation permit(s) to said individuals, company or agency.
(d) (e) Indemnity, hold harmless and insurance. It shall be a condition precedent to the issuance of any
such permit that the applicant/permittee shall assume all civil liability for the applicant's acts, omissions
or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting
from the issuance of the permit or the operations or activities of the permittee and shall, further, hold
the city, its officials and employees, harmless for any injuries or damages arising or resulting from the
permitted work unless such injuries or damages result from alleged grossly negligent or willful acts or
omissions on the part of the city, its officials or employees. The applicant shall insure that adequate
safety precautions are in effect at all times during the term of the permit.
*
*
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(3) Additional permit conditions: It shall be a condition precedent to the issuance, to both governmental
and non -governmental applicants, of any permit for work to be performed in the public right-of-way that
the person(s) applying for such permit shall provide to the city's department of public works a surety in
such amount(s) and such form(s) acceptance to the director of public works to ensure that such work:
(i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and
professional manner, (iii) pertaining to the public right-of-way is restored or maintained as required by
the circumstances and extent of the work under such permit and any continuing maintenance and
restoration agreement. Furthermore, the permit holders are jointly and severably severally responsible,
at each permit holder's expense, for any damages resulting from work performed or conducted under
the permit and for any damages regarding restoring the public right-of-way to its original condition
before installation of the facilities and for any damages regarding continuing maintenance of the public
right-of-way.
(e) in Obstruction of the right-of-way. In the event that the permitted individual, company or agency
desires to obstruct or temporarily close any portion of the right-of-way in order to accomplish the work,
a separate permit shall be required pursuant to section 54-3. No person shall be allowed under a
permit provided for in this section to excavate, dig up or obstruct more than two 21 adjacent blocks at
a time, and the work on one a) of such blocks shall be completed and the sidewalk and street
pavement shall be placed in as good condition as existed prior to the work being commenced before
such person to whom such permit has been granted by the city shall be allowed to begin work in a new
block.
(#) Supervision by director of public works. All disturbances, digging up or excavation of streets,
avenues, sidewalks, pavements or sidewalk pavements in the city shall be made under the supervision
and direction of the director of public works.
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File Number: 1D-D1051
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS P
JULIE O. BRU r✓ L
CITY ATTORNEY
Footnotes:
{1} Words or figures stricken through shall be deleted. Underscored words or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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.
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