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HomeMy WebLinkAboutO-13226City of Miami Legislation Ordinance: 13226 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01051 Final Action Date: 11/18/2010 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which required the utility markings to be placed; and WHEREAS, the utility markings remain even though they are no longer valid and negatively affect the aesthetics and quality of life of City and its residents, and can be characterized as graffiti; and WHEREAS, Chapter 556, Florida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 City of Miami Page 1 of 5 File Id: 10-01051 (Version: 4) Printed On: 8/14/2017 File Number: 10-01051 Enactment Number: 13226 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. 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. Excavators and member operators shall comply with low -impact marking practices , including, without limitation, a subsequent notice, as required by 556.114, Florida Statutes , as amended. 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. Failure to comply with these provisions or the City of Miami Page 2 of 5 File Id: 10-01051 (Version: 4) Printed On: 8/14/2017 File Number: 10-01051 Enactment Number: 13226 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 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. (b) (c) 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 Stamed 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 (c) (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 City of Miami Page 3 of 5 File Id: 10-01051 (Version: 4) Printed On: 8/14/2017 File Number: 10-01051 Enactment Number: 13226 forfeited monies shall 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 expiratioatc 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. (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 cevcrably 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) f 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 (2) adjacent blocks at a time, and the work on one (1) 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. (f) (g) 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. City of Miami Page 4 of 5 File Id: 10-01051 (Version: 4) Printed On: 8/14/2017 File Number: 10-01051 Enactment Number: 13226 *I1 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} 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. City of Miami Page 5 of 5 File Id: 10-01051 (Version: 4) Printed On: 8/14/2017