HomeMy WebLinkAboutO-13360City of Miami
Legislation
Ordinance: 13360
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01417 Final Action Date: 1/24/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II/SECTION 54-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION,
EXCAVATION AND REPAIR/NOTICE TO REPAIR SIDEWALKS AND CURBS", TO
INCLUDE DRIVING LANES, PARKING LANES AND SWALES, AND TO CLARIFY
THE EXTENT OF RESPONSIBILITY FOR ABUTTING PROPERTY OWNERS AND
IDENTIFY ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 54, Article II, Section 54-55 of the Code of the City of Miami, Florida, as
amended ("City Code"), requires an abutting property owner to repair or replace street improvements
that are damaged as a result of the intentional or negligent act of the abutting property owner, its
agents or contractors, or where the damage is the result of tree roots from trees located on the
abutting private property; and
WHEREAS, the list of street improvements must be updated to include the items that may be
located on adjacent street right of way;
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 as fully set forth in this Section.
Section 2. Chapter 54/Article II/Section 54-55 of the City Code entitled "Streets and
Sidewalks/Construction, Excavation and Repair/ Notice to repair sidewalks and curbs", is amended in
the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-55. Notice to repair sidewalks, driving lanes, parking lanes, swales and curbs.
City of Miami
Page 1 of 3 File Id: 12-01417 (Version: 1) Printed On: 8/21/2017
File Number: 12-01417 Enactment Number: 13360
(a) An A abutting property owner(s) shal4 is be -responsible for the repair or replacement of the
existing sidewalk, driving lanes, parking lanes, swales, curbs, and gutter (hereinafter "street
improvements") where damage is caused by the result of the intentional or negligent act(s) or
inaction of the abutting owner(s), its agent& or contractors, or where the damage is the result of tree
roots from trees located on the abutting private property.
(b) In case the surface of any walk or sidewalk in the city becomes so uneven as to make walking
over it dangerous or detrimental, or if the driving lanes, parking lanes, swales or curbing becomes
decayed, worn out or broken caused by the act or inaction of the abutting property owner, its agent
or contractor, it shall be the duty of the director of public works to notify the owner, and if the owner
cannot be served, to notify the occupant, and if there is no occupant, then to notify the agent of the
owner of the property to which the sidewalk is street improvements are contiguous, to repair such
walk or sidewalk street improvements. Notice to repair or replace such street improvements shall be
in writing; shall allow such owner agent or occupant 30 days in which to repair such walk or sidewalk
street improvements; shall describe the walk, sidewalk or curb street improvements to be repaired;
shall set forth that such walk, sidewalk or curb street improvements shall be repaired, if surface work
is to be done, with the same material as such walk, sidewalk or curb was street improvements were
originally constructed, and if curbing is try be p„t in with concrete; and shall be served, returned and
filed in the office of the director of public works.
(c) Enforcement of this section shall be pursuant to Chapter 2, Article X, of the City Code. Nothing in
this section shall be deemed to limit the City from enforcing its ordinance or Code by any other
means authorized by law.
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Section 3. If any section, part of section, paragraph, clause, phrase or word of the 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}
Footnotes:
City of Miami Page 2 of 3 File Id: 12-01417 (Version: 1) Printed On: 8/21/2017
File Number: 12-01417 Enactment Number: 13360
{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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten 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 3 of 3 File Id: 12-01417 (Version: 1) Printed On: 8/21/2017