HomeMy WebLinkAboutLegislation SRCity of Miami
Legislation
Ordinance
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Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
File Number: 14-00344
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"; AND CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SUBDIVISION REGULATIONS", TO UPDATE REFERENCES TO
AND COMPLIANCE WITH CURRENT CITY OF MIAMI AND STATE OF FLORIDA RULES
AND REGULATIONS, TO DELETE OBSOLETE REGULATIONS, TO CORRECT ERRATA, TO
CREATE A NEW SECTION 55-16, ENTITLED "CONSIDERATION OF EASEMENTS AND
ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW", TO ADDRESS
THE CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE
ABANDONED AS A MATTER OF LAW, AND TO ALLOW ENCROACHMENTS INTO
SOUTHEAST 3RD STREET AND SOUTHEAST 3RD AVENUE, MIAMI, FLORIDA; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") zoning regulations and code have been
substantially amended to include the Miami 21 Code and various land use regulations; and
WHEREAS, the Florida Statutes have been amended to include new rules and
regulations; and
WHEREAS, it is necessary to update the references to and compliance with the current
City and State of Florida rules and regulations, to delete obsolete regulations and to correct
scriveners' errors contained in Chapters 54 and 55 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, abandonment of an easement or alley can occur under the theory of
equitable estoppel when the City's acts, words, and silence would lead a property owner to take
a position whereby assertion of the City's legal title would be contrary to equity and good
conscience; and
WHEREAS, an easement may be extinguished by the Marketable Title Act, Chapter
712, Florida Statutes, which states that any claim or interest, vested or contingent, present or
future, is cut off unless the claimant preserves his claim by filing a notice within a thirty (30) year
period; and
WHEREAS, in Florida, the abandonment of an easement or alley is essentially gauged
by the intention of the parties; and
WHEREAS, it is deemed necessary that a section be created with regulations and
guidelines regarding vacating abandoned easements and alleys;
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WHEREAS, the City Commission approved a Mediated Action Plan on March 27, 2014
for preserving and interpreting archaeological site elements uncovered within the Dupont
Archaeological Conservation Area at the Met Square Development Site located at
approximately 300 Southeast 3rd Street, Miami, Florida ("Action Plan"); and
WHEREAS, the preservation and interpretation of the entire Royal Palm Circle and the
entire circle located on the Southwest corner of the site as contemplated by the Action Plan
requires encroachments into Southeast 3rd Street and Southeast 3rd Avenue, Miami, Florida,
and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend
the City Code to allow the encroachment for the purpose of archaeological preservation and
interpretation into Southeast 3rd Street and Southeast 3rd Avenue, Miami, Florida and to correct
and update all references to City and State of Florida rules and regulations;
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 of the City Code, entitled "Streets and Sidewalks", is amended in
the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE 1. IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed
to them in this Code, except where the context clearly indicates a different meaning:
Governmental applicants means the United States, the State of Florida, Miami Dade County,
the City of Miami or any agency or instrumentality thereof. City of Miami or its agencies or
instrumentality thereof, or as identified by the City Manager or designee.
Visibility triangle means an area on private property and within the public right-of-way where any
material obstruction to visibility is prohibited which would result in concealment of a child over
21/2 feet in height approaching an intersection, or would conceal an approaching automotive
vehicle or cyclist from such a child. The visibility triangle shall be measured in accordance with §
008.11 of thc City of Miami Zoning Ordinance and includes thc ar a bounded by the extension
of the diagonal vision cl arancc line to thc centerline of thc intersecting streets and shall be
required at all street intersections and applicable intersections of driveways with streets. Section
3.8.4 of the Miami 21 zoning code and shall include the area bounded by the extension of the
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diagonal vision clearance line to the center line of the intersecting streets at all street
intersections and the area perpendicular to the diagonal vision clearance line from the base
building line to the centerline of the intersecting streets at all applicable intersections of
driveways with streets.
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, a-F4 the fire rcccuc off- street
parking department-, the risk management department, the neighborhood enhancement team
department, and the transportation office. After approval by the departments of police, public
works, off-street parking, risk management, neighborhood enhancement team and fire 1e66k+C
the transportation office, the city manager, or designee, shall issue a permit. 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 or
more person(s) on behalf of any other person(s) for using, constructing in, excavation of,
maintenance of, owning and/or operating any type or manner of system, equipment, or device
within the public rights -of -way, then both/ all persons must complete and file together a joint
application and all persons must comply with all application and permitting requirements of the
city. Failure of any person(s) to fully disclose his/her/its their interest/participation/representation
in the permit application and/or to complete the required joint application and/or to fulfill all city
requirements for issuance of the permit shall result in a+F immediate revocation by the city,
without the necessity of any further action, hearing, or proceeding, of any permit previously
granted resulting in such permit becoming null and void, or (b2) 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.
(b) Conditions. 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 and/or any violations under applicable law
shall render such permit null and void, without the necessity of any further action, hearing, or
proceeding. Such permit shall cover the length of time necessary and reasonable according to
the type of activity involved. €14-tionall„ an„ control ling i ice of the public right of way by an„
such person(s) shall requirc all such persons on the permit application also to enter into a
continuing maintenance and restoration agreement with the city and to provide such continuing
loci irnnno and cunh continuing payment bond, perf„rmance bond, and/or letter of credit in
sufficient amount(s) relating to such continuing maintenance and potential restoration.
(c) Indemnity, hold harmless and insurance, nay ment bond! e ormanco bond! and/or totter
of credit. 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 obstruction or closure, the
issuance of the permit, or the operations or activities of the permittee and shall, further, hold the
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city, its officials, and employees harmless for any injuries, losses, or damages arising or
resulting from the permitted work including any injuries, losses, or damages resulting from
alleged negligent acts or omissions on the part of the city. The permittee shall be solely
responsible for all activities and the installation and maintenance of traffic -control devices. The
applicant shall ensure that adequate safety precautions are in effect at all times during the term
of the permit. It shall be a further condition precedent to the issuance of any such permit for
work to be performed in the public right-of-way that the permit holder(s) is/are jointly and
severally responsible, at each permit holder's expense, for any damages regarding restoring the
public right-of-way to its original condition before installation of facilities.
(1) Non -Governmental Applicant(s):
Prior to the issuance of any such permit, the non -governmental applicant(s) shall submit to the
city a certificate of insurance for each non -governmental applicant (including each non
agrcement) in an amount not less than One million dollars j$1,000,000.001 per person
occurrence, Two million dollars ($2,000,000.00) aggregate per incident, and any endorsements
thereto, including, but not limited to, premises and operations liability, contingent and
contractual exposures, personal and advertising injury, products and completed operations, and
host liquor liability, if applicable. In addition, the applicant hereby agrees to provide additional
insurance requirements, including but not limited to umbrella liability, or any additional
requirements or endorsements as may be applicable, in connection with the scope of services
contemplated by the permit. The certificate must reflect primary and non contributory language
and list the City as an additional insured. The Certificate must also include coverage for all
owned, hired, and non -owned vehicles with a combined single limit of One million dollars
($1,000,000.00), also listing the City as an additional insured, and must further afford coverage
for worker's compensation as required by Florida statute. any rclatcd maintenance and
The
insurance herein required shall remain in full force and effect during the entire term of the permit
and any rclatcd continuing maintenance and restoration agreement. Additionally, all such
permit, insurance and any related maintenance and restoration agreement(s) for non-
governmental applicant(s) {including each applicant in a joint permit and joint continuing
maintenance and restoration agreement) shall be subject to annual review by the city's risk
management department and public works department and the applicant shall be required to
update as necessary to protect the city any and all typos and amounts of such insurancc
coverage(s), payment bond(c), performance bond(c� and or letter „f credi+(c) as set forth in this
section.
(2) Government Applicant(s):
Additionally, p Prior to the issuance of any such permit, the governmental applicant(s) (including
restoration agreement) shall submit to the city a certificate binder or policy of liability insurance
or letter of self-insurance for each governmental applicant (including each governmental
applicant in a joint application and joint continuing maintenance and restoration agreement) in
the amounts specified accordance with and subject to the limitations as a limit of liability set
forth in F.S. § 768.28, and any endorsements thereto whichever is which shall include the city
the full term of the permit and any related continuing maintenance and restoration agreement.
It shall be a further condition precedent, for both non go governmental and governmental permit
applicants to the icc „nce „fan„ c, ch permit f„r work t„ be performed in the public right of way
that the person(s) applying for such permit shall provide to the city's department of risk
management and department of public works a payment bond, performance bond and/or letter
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of credit in such amount(s) and such form(s) acceptable to the director of risk management and
the director of public works to ensure that such work is conducted and performed in a
satisfactory, safe and professional manner, that such public right of wa i€ restored and/or
maintained as required by the circumstances and extent of the work under such permit and any
from work performed or conducted under the permit and for any damages regarding restoring
damages regarding continuing maintenance of the public right of way.
(d) Temporary obstruction of streets and sidewalks.
(1) 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.
(2) 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
$262.50 per day for each violation.
(3) 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
$262.50 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 that no suitable onsite alternative
exists.
(e) Fees.
(6) After -the -fact permit fee: For any public street or alley closure described in section
54-3, performed without required permits and inspection, quadruple the application and
inspection fee described in subsection (e)(1) and (2) herein.
*
Sec. 54-4. Closing and vacating of streets.
(a) When any owner of property abutting any public street or alley located within the city
wishes to close such street or alley or any portion thereof, he shall file in the office of the
clerk of the circuit court in and for the county a record plat of the property through which
passes the street or alley or portion thereof which is sought to be closed, such plat to
show the alley or street or portion thereof as being closed and to include all property
abutting thereon except as provided in subsection (b) below or in accordance with
subsection 55-15(i) for the closure of public alleys and subsection 55-15(j) for the
closure of private alleys which provide for alternate methods of closing and vacating an
alley which abut only parcels of land zoned T3-R or T3-L (single-family residential)
and/or R 2 T3-O (two-family residential).
Sec. 54-6. Permit required for parades.
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(b) Application. The written application for such permit shall be filed with the chief of
police on an approved form not less than 24 five (5) business days nor more than 45
thirty (30) calendar days, before the proposed parade to allow adequate
arrangements to be made for the proper policing of same. The application shall
contain the following:
Sec. 54-6.3. Special events.
* * *
(b) Application. The written application for a "special event permit" shall be filed with the
chief of police on an approved form not less than -98 fourteen (14) calendar days before
the proposed special event to allow adequate arrangements to be made for the proper
personnel, equipment and supplies, sanitation (litter, debris and human wastes),
wastewater, utilities, park maintenance and restoration. The application shall contain thc
following:The applicant must provide insurance pursuant to the requirements set forth in
Section 54-3(c)(1) and 54-3(c)(2), as applicable.
(f)
*
* *
Indemnification, hold harmless and insurancc. It shall be a condition precedent to the
issuance of any permit issued under this section for any event for which admission is
charged, a donation is required, food is sold, or any commercial activity is engaged in
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 obstruction or closure, 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, losses, or damages arising or resulting from the permitted special event
including any injuries, losses, or damages resulting from alleged negligent acts or
omissions on the part of the City. All non -governmental applicants must indemnify and
defend (at the applicant's expense) the City, its officials and its employees, from any
claims, demands, liabilities, losses, causes of action of any nature whatsoever arising
out of or in connection with the special event permit, from and against all costs, fees,
expenses and liabilities incurred in defense of such claim or in the investigation thereof.
the applicant shall assume all civil liability for applicant's acts or omissions and shall,
further, hold the city harmless for any damages to persons or property on claims that
arisc from the permittcd spccial avant. Prior to the is-uancc of any such permit, thc
applicant shall also submit to the city a ccrtificatc of insurancc, procurcd from a
company licensed to do business in the state, in an amount not less than $100,000.00
$200,000.00 per occurrence, $200,000.00 $300,000.00 aggrcgatc, or the amounts
property and or bodily injury which may result from or in conncction with any of the
and which shall provide that it will remain in full forcc and effect during the full term of thc
permit. The insurance shall include endorsements including, but not limitcd to, promiscs
and operations liability, contingent and contractual exposures, personal and advertising
addition the applicant hcrcby agrccs to providc additional insurance requirements,
including but not limited to umbrella liability, if applicable, in connection with the scope of
ccrviccc contcmplatcd by permit. The ccrtificate must reflect primary and non
contributory language and list the City as an additional insured. The Certificate must also
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and must furthcr afford covcrage for worker's compensation as required by Florida
statute. The chief of police must receive a copy of the certificate of insurance no later
than two weeks prior to the date of the special event.
Sec. 54-13. Carrying or drinking from open glass or metal containers in certain areas during
outdoor cultural, etc,or other types of, festivals; or from business establishments during same;
use of glass or metal containers by vendors during same; restrictions on sale of alcoholic
beverages during same; permit required for the sale or dispensing of beer and/or wine for
special events or programs on public streets and sidewalks.
(a) The activity described in paragraphs (a)(1), (2) and (3) hereof shall be unlawful
during the time period of events which are the subject of permits issued pursuant to
section 51 3 54-6.3 and local business tax receipts issued pursuant to section 31-35
* * *
(e) The person, firm, organization or corporation obtaining a permit or license under
sections 31-35 and/or 51 3 54-6.3 shall distribute to affected establishments at least
two (2) notices of this section describing the provisions hereof and the specific
boundaries and time periods, for posting by such business establishments. These
notices may be obtained from the office of the city clerk or such other location
designated by the city manager, and shall read as follows:
* *
Sec. 54-16. Prohibition of vehicular access.
(a) The commission shall have the power, after a properly advertised public hearing, to
recommend to the Metropolitan Miami -Dade County traffic director that vehicular
access to a particular street be prohibited where such prohibition is found to be in the
best interest of the public.
*
* *
(c) The request for prohibited access shall be subject to all requirements that may be
imposed by the Metropolitan Miami -Dade County traffic director, including a traffic
study. The decisions of the traffic director shall be final.
(d) Prior to the public hearing, the proposed prohibited access shall be reviewed by the
departments of police, fire -rescue, and general services administration solid waste,
which shall make recommendations to the commission at said public hearing.
(f)
*
* *
Except for those streets located within the neighborhoods known as Coral Gate and
Shorecrest, all expenses resulting from requests for prohibited vehicular access to a
particular street shall be borne by the applicant (i.e., property owner(s), homeowner
association(s), etc.). Expenses include, but are not limited to, newspaper advertising,
posting of notification placards, postal notification to local residents, postal
correspondence to the applicant and any traffic studies. Upon approval by the
Metropolitan Miami -Dade County traffic director for a request to prohibit vehicular
access to a particular street, the applicant shall pay all additional expenses related to
the permits, construction of temporary and permanent barriers and other related
improvements that may be required by the traffic director and/or the department of
public works.
*
* *
(h) The commission shall have the power, after a properly advertised public hearing, to
require that vehicular and pedestrian access to an unimproved public alley or
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partially unimproved public alley be prohibited where such prohibition is found to be
in the best interest of the public. The request for prohibited access to an unimproved
public alley or partially unimproved public alley shall be initiated by the department of
public works or through said department by petition of all property owners abutting
the alley, as determined by the director. Prior to the public hearing, the proposed
prohibited access shall be reviewed by the departments of police, fire rescue and
solid waste and the departments shall make recommendations to the commission at
said public hearing. The proposed vehicular access restriction shall be accomplished
by the placement of an approved fence and gate across all entrances to the alley,
ensuring no access and no private use thereon unless the property is vacated. All
expenses resulting from requests for prohibited access shall be borne by the
applicant, (i.e., property owner(s), homeowner association(s), etc.). Expenses
include, but are not limited to, newspaper advertising, postal correspondence and,
upon approval of the commission, all expenses related to the permits, installation of
the fence and gates and other related improvements that may be required by the
department of public works.
ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-46. Agreement and bond as to paving and other improvements by persons
submitting plats, replats, etc. to commission.
All persons submitting any proposed plat, replat, revised plat, amended plat or
resubdivision of any previous recorded plat or portion thereof of real estate in the city to the
city commission for its acceptance and conformation are hereby required to accompany any
such proposed plat with a suitable agreement entered into by such person with the director
of public works on behalf of the city, providing for the construction of any or all of the
following improvements as shall be specified by the public works department in its
engineering report on the proposed plat:
(1) The construction within the platted area of permanent -type street pavement,
including grading and fill as required, sidewalk, curb and gutter, parkways, storm
drainage structures, sanitary sewers, water mains and services in connection
therewith, and other improvements where the proposed use and location make
such improvements necessary.
(2) The construction of permanent -type bulkheads along the shoreline or harbor line
of any watercourse contiguous to the area platted, as follows:
a. Permanent -type bulkheads shall be constructed to a minimum elevation of 51/2
+5.00 feet, City of Miami datum NGVD along all rivers and canals and along the
shoreline or harbor line of Biscayne Bay north of the Rickenbacker Causeway.
Permanent -type bulkheads fronting the Miami River shall be governed by Section
54-46(2)(c).
b. Permanent -type bulkheads shall be constructed to a minimum elevation of &
+6.00 feet, City of Miami datum NGVD, along the shoreline or harbor line of
Biscayne Bay south of the Rickenbacker Causeway, and around all new or future
islands or enlarged existing islands in Biscayne Bay.
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c. Permanent type bulkheads for those waterfront properties fronting the Miami
River shall be constructed to an elevation of +5.50 feet NGVD.
(3) a.The filling of land within any platted area contiguous to Biscayne Bay lying north
of the Rickenbacker Causeway to a minimum settled elevation of a +5.00 feet,
City of Miami datum NGVD.
b. The filling of land within any platted area contiguous to Biscayne Bay lying
south of the Rickenbacker Causeway, and all new or future islands or enlarged
existing islands in Biscayne Bay, to a minimum settled of elevation of six +6.00
feet, City of Miami datum NGVD.
(4) Adequate drainage by grading or filling of the land within the platted area to the
level of the street grades established by the public works department or the flood
grade established and recorded on maps of the city by the planning, building and
zoning department Miami -Dade County, whichever is higher; provided that swale
areas shall be used at the rear of lots when the nature of drainage conditions make
them necessary for proper seepage of water in the substrata. Where fill is required,
the fill material shall not contain any rubbish, tree stumps, debris, muck or other
objectionable material. In development projects, where septic tanks and drainfields
may be required, the fill material must also be sufficiently permeable to meet
standard percolation test requirements.
Areas which will become public rights -of -way shall contain fill material which
conforms to the standard specifications of the city for the construction of streets.
Upon completion of the improvements, the performance bond, irrevocable letter of
credit, or cashier's check hereinafter provided for shall not be released unless the
permanent reference monuments indicated on the plat have been placed on the
ground at the expense of the owner of the platted land and verified by the public
works department.
Street improvements shall be constructed in all dedicated rights -of -way lying within or
bordering on the platted area, in accordance with plans, specifications and grades
approved by the director of public works, without regard to the fact that parts or all of the
rights -of -way may have been dedicated heretofore but either have not been improved or
contain improvements which do not conform with current standard specifications. For the
purpose of determining the improvements to be made in dedicated street rights -of -way,
all arterial streets, wherever located, and all other streets except those in R 1 and R 2
zones T 3 Transect Zones, shall be considered primary streets. All improvements,
except water mains and services in connection therewith, shall be constructed in
accordance with the city's standard specifications and established street grades and at
the expense of the owners of the land platted. Water mains and services in connection
therewith shall be constructed in accordance with the approved plans and shall be paid
for by the owner of the land platted, in accordance with the standards of the water and
sewer board department then in effect. Such construction work shall be completed within
one LU year from the date of acceptance and confirmation by the city commission of the
plat; provided, however, that the time for the performance of the agreement may be
extended by the director of public works. Such agreement shall be accompanied by
good and sufficient performance bond or irrevocable letter of credit in the amount of 110
115 percent of the total estimated project cost of the improvements, which estimated
cost shall have been first approved by the director of public works. Acceptance and
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confirmation of the plat by resolution of the commission shall constitute acceptance of
the agreement and bond or irrevocable letter of credit. The conditions of the
performance bond or irrevocable letter of credit shall be such that, if the principals
thereto shall fully and faithfully perform the work in accordance with the terms of the
agreement therefor, then the performance bond or irrevocable letter of credit shall be
considered complied with; otherwise, the surety thereon, within 30 days after receipt of
written notice from the director of the public works department of the failure or neglect of
the principals to perform the agreement, may construct or cause to be constructed the
improvements set forth in the agreement; provided, further, that the director of public
works may require the surety to pay to the city the sum estimated to construct or
complete the improvements set forth in the agreement, such sum to be estimated by the
public works department, and the surety shall pay to the city any engineering, indirect
and inspection and contingent costs, and any damages, direct or indirect, not to exceed
te+� 32 percent thereof, such te+R 32 percent not to include reasonable attorneys' fees,
such attorneys' fees to be in addition to the tan. 32 percent, which the city may sustain on
account of the failure of the principals to carry out and execute all of the provisions of the
agreement; provided, further, that the city commission shall have the right to construct or
cause to be constructed, after public advertisement and receipt of bids, the
improvements provided for in the agreement, and in the event that the city commission
exercises such right, the principals and the surety shall be jointly and severally liable to
pay the city the final cost of the improvements, together with any engineering, indirect
and inspection and contingent costs, and any damages direct or indirect, not to exceed
te+R 32 percent thereof, such tee 32 percent not to include reasonable attorneys' fees,
such attorneys' fees to be in addition to the tan 32 percent, which the city may sustain on
account of the failure of the principals to carry out and execute the provisions of the
agreement. Upon completion of construction of the improvements by the principals or
the surety, or payment to the city of the estimated or actual cost thereof, the director of
public works and the city manager shall release the performance bond or irrevocable
letter of credit, provided that the permanent reference monuments have been properly
placed as hereinabove provided.
A cashier's check in the amount of 110 115 percent of the total estimated project cost of
the improvements may be deposited with the city in lieu of the performance bond or
irrevocable letter of credit, the conditions of the deposit thereof to be such that if the
depositor shall fully and faithfully perform the work in accordance with the terms of the
agreement, the amount of the check shall be returned to the depositor; otherwise, in the
event of the failure or neglect of the depositor to perform the agreement, the check shall
be applied by the city to the cost of constructing or completing the improvements,
including any engineering, inspection, and/or direct and indirect costs, agent
costs, and any damages direct or indirect, not to exceed ten 32 percent thereof, such ten
percent not to include reasonable attorneys' fees, such attorneys' fees to be in
addition to the tee 32 percent which the city may sustain on account of the failure of the
depositor to carry out and execute all of the provisions of the agreement.
The performance bond or cashicr's chcck may be rcduccd in amount ac the
improvements secured thereby are constructed; provided, however, that the amount of
the performance bond or cashier's check shall at all timcs be sufficicnt to covcr the
cctimatcd cost of the uncomplctcd improvements.
The city manager and the director of the public works department are hereby authorized
and directed to withhold from submission to the commission any proposed plat, replat,
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(5)
revised plat, amended plat, or resubdivision of any previous record plat or portion
thereof, unless the hereinbefore-mentioned agreement and performance bond,
irrevocable letter of credit or cashier's check accompany the proposed plat.
In all dedicated rights -of -way, the acceptance of the plat or replat shall be conditioned
upon adequate landscaping as may be required by the director of planning, building and
zoning upon consultation and coordination with all departments concerned. The
landscaping shall include, but not be limited to, lawn, shrubs, bushes, hedges and trees.
The director of planningbuilding and zoning shall not recommend the acceptance of any
plat or replat unless the bond referred to herein contains the condition that such
landscaping shall be provided for as required by the director of planningbuilding and
zoning, upon consultation and coordination with all departments concerned. Such
landscaping will be designed to protect and preserve the appearance and character of
the surrounding neighborhood through the screening effects and aesthetic quality of
such landscaping.
(6) Any bond surety required herein shall be waived for governmental entities and agencies.
Sec. 54-50. Reports of approval.
After final acceptance of the work, a written certificatc report of approval shall be furnished by
the director of public works to the effect that the work has been done in accordance with the
provisions of this article, and in conformity with the established city lines and grades, and no
sidewalk, curb, or curb and gutter work shall be deemed to comply with this article unless such
written certificatc report of approval has been furnished.
Sec. 54-133. Purchase of street signs and numbers. Reserved.
The director of public works is hereby authorized to purchase and place the nece. ary street
be required to conform to the provisions of this article.
ARTICLE V. BASE BUILDING LINES
Sec. 54-186. Established.
Base building lines are hereby established for the purpose of assuring that sufficient space
occurs between the street fronts of buildings and structures;; to provide for natural light and
circulation of air;; to lessen the adverse effect resulting from fire, floods, tornadoes, and
hurricanes;, to provide for access for firefighting apparatus or rescue and salvage operations; to
facilitate provisions for traffic, transportation and circulation, and to promote safety, health,
amenity and general welfare within the city. No building, structure, or part thereof, shall be
erected, structurally altered, enlarged or extended beyond the base building lines established by
this article with the exception of encroachments or temporary structures which are specifically
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permitted by the South Florida Building Code or this chapter. Restaurant arcades on Flagler
Street between the Miami River and Biscayne Boulevard are allowed by revocable permits
granted by the city commission after approval by the city manager and recommendations by the
director of public works;, the director of planning;; the director of building and zoning, and the
director chief of fire -rescue. An aerial encroachment of a recreational facility at Jose Marti Park
over and across S.W. 5th Street between S.W. 3rd Avenue and Interstate 95, is allowed by
revocable permits granted by the city commission after approval by the city manager, and
recommendations by the directors of public works, planning, building, zoning, and fire -rescue
departments. Encroachments into Southeast 3rd Street and Southeast 3rd Avenue for the
purpose of archaeological preservation and interpretation as well as construction of structural
elements in furtherance of that purpose, as contemplated by Resolution No. 14-0134, adopted
March 27, 2014, are allowed pursuant to required permits approved by the Department of
Planning and Zoning and the Department of Public Works. In addition, guardhouses are
permitted by irrevocable permits granted by the city commission after approval by the city
manager and recommendations by the director of public works;,, the director of planning;, the
director of building and zoning;, the director chief of fire -rescue, the di -rector chief of police;, and
the director of general services administration solid waste. All of the foregoing recommendations
are to be based on factors of safety, liability protection, accessibility and maintenance of public
and private property. All guardhouses to be located in the dedicated right-of-way shall not
exceed 100 square feet and must conform to the city engineering standards for design and
construction, adopted by the department of public works. Final design plans must be submitted
to the required departments and the city commission for review and approval before a revocable
permit will be granted for a guardhouse in the dedicated right-of-way. Commencing effective
September 14, 1989, upon the granting of the above approvals, such governmental entities
shall be authorized to install a guard gate which operates automatically and which does not
completely hinder public access along the right-of-way when said installation is part of a
governmentally operated project or an element of a special taxing district.
Sec. 54-190. Nonstandard street widths.
Base building lines shall be located from the centerline as specified for each of the
following streets:
Streets, Avenues, Roads, Distance in Feet from
Etc., in Alphabetical Order Centerline to Base Building Line
(111) 1st Avenue, N.E., N.E. 6 64th Street to N.E. 67th Street 17.5
(137) 2nd Avenue, N.W., N.W. 5th Street to N.W. 8th Street and N.W. 9th Street to N.W. 11th
Terrace 37.5
Sec. 54-192. Service road adjacent to Brickell Avenue.
(a) Under Ordinance No. 11000, zoning ordinance of the city Except for Lot 1, Gifford and
Highleyman, P.B. 3, Pg. 38; Lot 39, Block B, Mary and William Brickell Subdivision, P.B.
B, Pg. 96; and Lot 9, Block G, Brickell Hammock Unit No. 1 Extension, P.B. 7, Pg. 87, it
is required that a 70-foot-wide service road be provided along the southeasterly side of,
and parallel to, Brickell Avenue, between Southeast 15th Road and Southeast 25th
Road.
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(b) If the owner(s) of property along this portion of Brickell Avenue wish to install a sign, for
purposes of building identification, in the landscaped area between Brickell Avenue and
the parallel service road, a request, in writing, must be addressed to the director of the
department of public works, following the guidelines and procedures set forth in section
54-191, including the recording of a covenant to run with the land for the installation of
said sign.
(c) The design for such a sign must comply with all applicable regulations concerning signs.
In addition, the design and placement of this sign shall be approved by the director of the
planning, building and zoning department and the director of the department of public
works.
Sec. 54-193. Illegal encroachment.
(c) No permit or covenant to run with the land shall be granted "after the fact" to allow any illegal
encroachment in the dedicated right-of-way or in the area between the dedicated right of way
line and the base building line. , except existing encroachments authorized pursuant to Section
54-191(b).
(d) The Director of Public Works may permit an owner of a property to legalize an existing illegal
encroachment in the area between the dedicated right-of-way line and the base building line
subiect to the owner completing the procedure as set forth in Sections 54-191 (a) and (c).
ARTICLE VI. SIDEWALK CAFES
Section 54-224. Permit Fees
*
(a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be
$11.50 per square foot of usable sidewalk area, as determined by the department of public
works. Said fee shall be paid in full upon issuance of the annual permit or, alternatively, shall be
paid on the first day of the month ("due date") on a quarterly basis (i.e., January 1st; April 1st;
July 1st and October 1st), with each payment being 25 percent of the annual fee as determined
above; the first quarterly payment being due upon issuance of the annual permit. Payment
received more than ten (10) calendar days after the due date shall be charged a late fee of ten
percent (10%)of the payment amount due. Failure to make a required payment within 30
calendar days of the due date shall constitute a basis for and result in immediate license
suspension.
(b) Security deposit. Upon issuance of the permit, the Permittee shall provide a security deposit
or a performance bond in an amount sufficient to secure one (1) quarterly payment. All
documentation, including the form of the security deposit and the performance bond shall be
subiect to the approval of the City Attorney as to form and correctness, and the performance
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bond shall be subject to review and approval of the City's Risk Manager. In the event the
Permittee fails to make an annual or quarterly payment within 30 days of the date due, the
Permittee shall forfeit any right and interest to the security deposit or performance bond,
whichever may be applicable, and the entire amount of the security deposit or performance
bond shall be retained by the City or its designee.
Sec. 54-226. Permit requirements
(c) In the SD 2 and SD 17 zoning districts located in Coconut Grove Central Commercial
District, as ccr;bed the-zon attar zoning Ordinance N„ 110 a e-nFad permits
shall be issued to sidewalk cafes in conjunction with "food establishments" and validly licensed
restaurants, provided the establishment provides required off-street parking at a rate of one (1)
parking space per 100 square feet for the sidewalk cafe area or pays a mitigation fee in lieu
thereof, as described in section 35-224 herein, in addition to other required off-street parking
and the sidewalk cafe permit fee. For purposes of this article, references to specific zoning
districts are solely for purposes of delineating affected geographic areas subject to this section
and shall not convey any rights under zoning Ordinance No. 11000 the Miami 21 Zoning Code,
as amended or superseded.
ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS -OF -WAY
Sec. 54-263. Permit required; expiration of existing permits and procedures to preserve
locations
*
(c) Failure to timely secure a permit in advance of placing a newsrack on the public right-of-
way in accordance with the provisions of this article may result in the removal of the non -
permitted newsrack(s) by the city as set forth in subsection 54-270(b) . Alternatively,
the city may pursue appropriate remedy by the code enforcement division under section
2-811 et seq. of this Code.
(d) Failure to timely secure and pay permit fees shall result in the imposition of a fine of
double the permit fee per newsrack which if not paid within 30 calendar days of the
original due date shall result in the newsrack(s) being deemed abandoned and subject to
removal as set forth in section 54-270{ al. Alternatively, the city may pursue
appropriate remedy by the code enforcement division under section 2-811 et seq. of this
Code.
Sec. 54-264. Application and issuance of permits
*
(d) Issuance of permit. Upon a finding by the director that the applicant is in compliance with the
provisions of this article, the director shall issue a permit for the installation of the newsrack by
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the distributor. Such issuance shall be made within 60 working days of the city's receipt of a
completed application as determined by the department.
(2) Upon payment of applicable fees the director shall issue new permit stickers each
year within 30 days after receipt of payment, provided the distributor is otherwise in
compliance with the provisions of this article. Failure to timely secure and properly
display the issued permit sticker shall result in the imposition of a fine of double the
permit fee per newsrack which if not paid within 30 calendar days of issue date shall
result in the newsrack being deemed abandoned and subject to removal as set forth in
subsection 54-270(b)(a). Alternatively, the city may pursue appropriate remedy by the
code enforcement division under section 2-811 et seq. of this Code.
Sec. 54-266. Fees.
(a) An initial inspection of location fee of $11.50 per newsrack shall accompany the
newsrack permit application. The annual permit fee is $11.50 per newsrack due October
1st and will expire the 30th day of September each year. Fees for the initial year shall be
prorated on a monthly basis, and shall be calculated using the following formula:
(1) Initial fee - $0.83 $0.96 per newsrack multiplied by the number of months remaining
in the year.
*
* *
(c) Non -conforming newsrack(s) may be subject to removal and if removed shall be subject
to a $90.00 removal and storage fee, pursuant to subsection 54-270{c)L
* *
Sec. 54-270. Enforcement procedures non -conforming newsracks; removal/storage.
{a) Provisions of this article shall become effective immediately as provided by law, provided
any of the following new requirements set forth in subsections 5/1 267(b)(15) and (16);
be responsible for having one third and two thirds of their newsracks installed, in
compliance with all provisions of this article, new and existing requirements alike, within
the sixth and twelfth month following thc adoption date respectively. At any time
fine or removal as set forth in this article or alternatively the city may pursue remedy and
due process under the provisions of section 2 811 ct ccq. of this Codc pertaining to thc
code enforcement board.
(a) In the event newsrack(s) are found to violate section 54-263 (installed without a
permit) the city may remove the newsracks immediately upon discovery of the violation
and the distributor assessed for the cost of removal and storage as set forth below. In all
other instances where newsracks are found to violate a provision of this article, they may
be removed only after a notice of the violation is sent to the distributor by certified mail,
return receipt requested, and the distributor fails within ten (10) calendar days of receipt
of the notice to correct or cure the violation, unless the city manager issues a written
order stating that the newsrack(s) constitute a serious and imminent hazard to the public
safety, in which case the newsrack(s) may be removed immediately. In the later event, a
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copy of the city manager's order, specifying the reason or reasons for the immediate
removal of the newsrack(s) shall be sent by certified mail, return receipt requested, to
the distributor.
{c) ILLAny newsrack removed from the public right-of-way shall be stored at the cost of the
distributor. The city shall be reimbursed by the distributor for all costs incurred in the
removal and storage of all newsrack(s) removed from the public right-of-way by the city.
A storage and removal fee is hereby established at $75.O0 90.00 per newsrack or
$200.00 per modular newsrack, whichever is applicable. The city is hereby authorized to
sell said newsrack(s) at public sale if said newsrack(s) is not picked up by the distributor
within a period of 90 calendar days from the date of removal. Ten (10) days prior to sale,
the city shall advertise notice of sale in a daily newspaper of general circulation in the
city. Out of the proceeds of the sale of any newsrack, all unpaid removal and storage
costs shall be paid after the payment of the advertisement cost and the remaining
balance of the sale proceeds shall be retained by the city in a fund in the possession of
the city for a period of one year L unless claimed earlier by the distributor. After the
expiration of one year, any sums remaining from the sale of newsracks in
accordance with the provisions of this section, if unclaimed by the distributor of said
newsrack, shall become the property of the city and be transferred to the department
revenue account.
Sec. 54-271. Same -Abandoned newsracks.
(a) If any newsrack installed pursuant to this article does not contain the publication
specified within a period of 48 hours after release of the current issue, or when no
publication is in the newsrack for a period of more than seven M consecutive calendar
days the city may deem the newsrack abandoned and subject to removal as set forth in
subsection 54-270{b). Alternatively the city may take appropriate action under section
2-811 et seq. of this Code.
ARTICLE VIII. USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS
Sec. 54-296. Statement of purpose.
The city commission hereby finds and declares that it is necessary and reasonable for this
article to:
{1) To regulate the erection, construction, reconstruction installation, operation,
maintenance, dismantling, testing,`/repairy--ImTLIT
and use of a all communicates s�ylstems in,
i ipon along, across,—abbove,o^'Oar,, unTdder or i 1ner coTnTwit ecred h the cctreetcc,,
public ways, public rights of way, public buildings or other public places within the
corporate limits of the city as now or in Oho fi iti ire magi evict•
0 0
the city's streets, public ways, public rights of way, public buildings or other public places
for a private communications system;
maintenance of city's streets, public ways, public rights of way, public buildings or other
public places when used for commercial purposes; and
imposed by this article on all communications systems; and
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{5) To construe as permitted by law as of June 30, 2007, all of:
a The continuing rights and obligates of the city;
b. The continuing rights and obligates of present persons holding permits and
agreements Tenth the city• nd a
0
c. The future rights and obligations of future persons obtaining permits from and
nondiscriminatory mandate of the Florida Consumer Choice Act of 2007.
(1) Establish a reasonable, nondiscriminatory, and competitively neutral policy for the use
of public rights -of -way for the provision of communications services; and
(2) Manage the public rights -of -way to protect the public health, safety and welfare and
minimize disruption of services in the public rights -of -way by establishing reasonable,
nondiscriminatory, and competitively neutral regulations governing the placement or
maintenance of communications facilities in the public rights -of -way by providers of
communications services, which rules are generally applicable to all persons using the
public rights -of -way for the provision of communications services.
Sec. 54-297. Definitions.
For the purposes of this article and any agreement or permits issued in accordance herewith,
the following terms, phrases, words and their derivations shall have the meaning given herein
unless otherwise specifically provided in this article, unless the context clearly indicates
otherwise or unless such meaning would be inconsistent with the manifest intent of the city
commission and/or with F.S. § 337.401, as amended:
Communications Facility or Facility or System shall mean any permanent or temporary plant,
equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics,
poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains,
surface location markers, appurtenances, and other equipment or pathway placed or maintained
or to be placed or maintained in the Public Rights -of -Way of the City and used or capable of
being used to transmit, convey, route, receive, distribute, provide, or offer Communications
Services.
Communications Services shall mean the transmission, conveyance, or routing of voice, data,
audio, video, or any other information or signals to a point, or between or among points, by or
through any electronic, radio, satellite, cable, optical, microwave, or other medium or method
now in existence or hereafter devised, regardless of protocol used for such transmission or
conveyance.
Communications Service Provider shall mean any Person including a municipality or county
providing Communications Services through the placement or maintenance of a
Communications Facility in Public Rights -of -Way. "Communication Services Provider" shall also
include any Person that places or maintains a Communications Facility in Public Rights -of -Way
but does not provide Communications Services.
Director shall mean the Director of Public Works Department or his or her designee.
FCC means the Federal Communications Commission or its legally appointed successor.
In Public Rights -of -Way or In The Public Rights -of -Way shall mean in, on, over, under or across
the Public Rights -of -Way.
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Government owned communication system means any communications lines, cables,
manner is connected with the streets, public ways or public places within the corporate limits of
{1) Are used by a governmental agency to provide telecommunication services, including
but not limited to telephone, telegram, teletypewriter, or computer exchange services
between different offices or facilities of the agency or affiliated agencies;
{2) Are used to provide telecommunication services to other governmental entities.
Gross receipts means all revenue received by the permittee on recurring local services
within the incorporated limits of the city.
Pathway means any line, cable, fiber optic conduit, duct bank or similar transmission
equipment which shall be known collectively in this article as pathways.
Permittee means the person or his legal successor in interest who is-i-ssued a
telecommunication permit agreement or permits in accordance with the provisions of this article
for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance,
repairing, rebuilding or replacing of a telecommunication systems in the city.
Street means any arc^ established for vehic dlar or p blic access use or the entire width
between the boundary lines of every way publicly maintained when any part thereof is open for
way, drive, lane, boulevard, court, concourse, bridge, cul de sac, tunnel, park, parkway and
waterway.
Telecommunication company providing toll telephone service means any telecommunication
company providing toll telephone services as defined in F.S. § 203.012(7).
Telecommunication company providing local exchange service means any alternative local
exchange telecommunications company as defined in F.S. § 36/1.02.
Telecommunications permit agreement or permit issued m ans the document by which a
privilege granted by the city by which the city authorizes a person to erect, construct,
reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and replace a
telecommunication system that occupies the streets, public ways or public places within the city.
Any telecommunication agreement or permit issued in accordance herewith shall be
nonexclusive.
Person shall mean any individual, child, firm, association, joint venture, partnership, estate,
trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind,
successor, assignee, transferee, personal representative, and all other groups or combinations.
Place or Maintain or Placement or Maintenance or Placing or Maintaining shall mean to erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A
Communications Services Provider that owns or exercises physical control over
Communications Facilities in Public Right -of -Way, such as the physical control to maintain and
repair, is "placing or maintaining" the Facilities.
Permit shall mean a construction permit issued by the Public Works Department.
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Public Rights -of -Way shall mean a public right-of-way, public utility easement, highway, street,
bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may
lawfully grant access to and issue permits pursuant to applicable law, and includes the surface,
the air space over the surface and the area below the surface. "Public Rights -of -Way" shall not
include private property. "Public Rights -of -Way" shall not include any real or personal City
property except as described above and shall not include City buildings, fixtures, poles,
conduits, facilities, or other structure or improvements, regardless of whether they are situated
in the Public Right -of -Way.
Registrant shall mean a Communications Services Provider that has registered with the Director
in accordance with the provisions of this Article.
Registration or Register shall mean the process described in this Chapter whereby a
Communications Services Provider provides the required information to the Director.
Sec. 54-299. No liability or warranty.
This article shall not be construed to create or hold the city responsible or liable for any damage
to persons or property by reason of any inspection or reinspection authorized herein or failure to
inspect or reinspect, nor shall the issuance of any telecommunication permit nor the approval or
disapproval of any installation authorized herein constitute any representation, guarantee or
warranty of any kind by, nor create any liability upon the city or any official, agent or employee
thereof.
Sec. 5/1 300. Length of permit agreement.
{a) Any tciccommunication permit agrccmcnt or permit ic-ucd by the city in accordancc
herewith shall be a nonexclusive permit for the use of the streets, public ways or public
places within the city as specified in the telecommunication permit for the erection,
construction, reconstruction, operation, maintenancc, dismantling, tcsting and use of a
communications system.
(b) Any telecommunication permit issued by the city shall commence immediately upon
approval of thc application for thc initial term and shall commence thereafter on October
1, and may be renewed annually to cxpirc thc following Scptcmbcr 30, co long ac thc
permittee is in full compliance with this article and all applicable federal, state and local
ordinances and regulations and the space occupied is not needed for a -public- ose.
(c) In the event any tciccommunication permit shall be rcvokcd or not rcncwcd, thc
applicable communications system shall be removed from the streets, public ways and
public plaees in accordance with the provisions of section 5/1 30/1
Sec. 54-300. Registration Required.
(a) A Registration from the City of Miami is required to commence or engage in the
construction, maintenance or occupation of the Public Right -of -Way with a system
designed to deliver Communications Services by utilizing the Public Rights -of -Way. No
Public Rights -of -Way construction permits shall be issued to a Communications Service
Provider without a Registration issued under this Article.
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(b) A Registration shall not convey any title, equitable or legal, to the Registrant in the Public
Rights -of -Way. Registration under this Chapter governs only the placement or
maintenance of Communications Facilities in Public Rights -of -Way. Other ordinances,
codes or regulations may apply to the placement or maintenance in the Public Rights -of -
Way of facilities that are not Communications Facilities. Registration does not excuse a
Communications Services Provider from obtaining appropriate access or pole
attachment agreements before locating its Facilities on the City's or another Person's
facilities. Registration does not excuse a Communications Services Provider from
complying with all applicable City ordinances, codes or regulations, including this Article.
Sec. 51 301. Permit locations.
{a) Any telecommunication permit agreement or permit issued for a communicat system
in accordance herewith shall apply only to the location or locations Mated on the
telecommunication permit or permits.
(b) Nothing in this article shall be construed as a representation, promise or guarantee by
the city that any other permit or other authorization required under any city ordinance for
the construction or installation of a communications systcm shall be issucd. The
including the right of way utilization permit, shall still apply and all other applicable permit
fees, if any, shall still be due.
Sec. 54-301. Rights granted by Registration.
(a) Subject to all existing permitting processes, the Registrant is authorized to occupy,
install, lay, erect, construct, remove, relocate and maintain in, on, over or upon any and
all of the Public Right -of -Way, as they now exist or may be hereafter constructed,
opened, laid out or extended within the present limits of the City or in such territory as
may be hereafter added to, consolidated or annexed to the City of Miami, any and all
such conduits, cables, fiber optic lines, poles, wires, supports and other structures and
appurtenances as may be reasonably necessary for the construction, maintenance and
operation of a Communications System. Except as provided above, this Registration
does not convey the right to attach cable or conduit to poles, or occupy or use real or
personal property owned by the City.
(b) Any Registration granted under this Article shall be non-exclusive, and the issuance of a
Registration will not expressly or implicitly preclude the City from issuance of other
Registrations to Communications Services Providers or affect the City's right to authorize
use of Public Rights -of -Way for other lawful purposes to other Persons as it determines
appropriate.
(c) This Registration authorizes the Registrant to use the Public Rights -of -Way to provide
Communications Services only. Use of the Public Rights -of -Way for any other purpose
requires separate authorization.
Sec. 54-302. Term and renewal.
A Registrant shall renew its Registration with the Director by October 1 of each year in
accordance with the Registration requirements in this Chapter. Within thirty (30) days of any
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change in the information required to be submitted pursuant to Sec. 54-305, a Registrant shall
provide updated information to the Director including the routes of a Registrant's system built
after the effective date of this Chapter. If no information in the then-existinq Registration has
changed, the renewal may state that no information has changed. Failure to renew a
Registration may result in the Director restricting the issuance of additional permits until the
Communications Services Provider has complied with the Registration requirements of this
article.
Sec. 51 303. Powers and duties of city public works director.
The city public works director and his authorized designee shall have the following powers and
duties:
{1) Receive and review applications for telecommunication permits for any
telecommunication system.
{2) Review and causc to be auditcd all rcports and filings submittcd by the permittcc to the
city pursuant to this article.
{3) Submit regula4ens regarding the construction, reconstruction, operation, maintenance,
dismantling, testing, use, repairing, rebuilding or replacing of any telecommunication
system established by telecommunication permit in accordance herewith to the director
of the department of public works for promulgation.
Sec. 54-303. Communications Services Tax.
(a) Each Registrant that provides Communications Services shall collect and remit to the
Florida Department of Revenue the Communications Services Tax pursuant to the
Chapter 202, Florida Statues.
(b) In the event that state law is amended to allow collection of license fees from
Communications Services Providers, or in the event that state law preempting the
collection of such license fee is declared void by a court of competent jurisdiction, the
provisions contained in this Section shall automatically revert to those provisions
contained in this Section in effect on the date of adoption of this Chapter to the extent
those provisions are not inconsistent with state law.
Sec. 51 302 54-304. Technical Standards.
All technical standards governing construction, reconstruction, installation, operation, testing,
use, maintenance, and dismantling of a communications system provided for herein shall be in
accordance with all applicable FCC and other federal, state and local laws and regulations,
including but not limited to the most recent editions of the South Florida Building Code, National
Electrical Code and the National Electrical Safety Code.
Sec. 51 305. Compensation for permit.
(a) Telecommunication company providing local exchange service. It shall be a term and
condition of any telecommunication permit iued in accordance herewith that as part of
the consideration supporting the issuancc of such tciccommunication permit and thc
city's permission thereby to occupy and use thc strccts of thc city, that ch permittcc
quarterly basis to the city one perccnt of thc grosc rcccipts on rccurring local ccrvicc
revenues for services provided within the corporate limits of the city by such permittee.
The foregoing compensation and fees shall be in accordance with the standard-s set
forth in F.S. § 337.101(3), as amended.
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(b) Telecommunication company solely providing toll telephone service.
{1) Except as hereinafter provided, it shall be a term and condition of any
telecommunication permit issued in accordance herewith that as a part of the
consideration supporting the issuancc of such tciccommunication permit and thc
city's permis€ion thereby to occupy and use the streets of the city, that each
permittee which provides toll telephone service shall pay each year to the city
compeKication einlce feet. T c� commpencatiela-ancd licence feet- or
telecommunication systems shall be in accordance with the standards set forth in
commis€ion and after public noticc as rcquircd hcrcinbclow, by the dircctor of the
available for inspection during regular business hours at the department of public
works.
banks or other pathways parallel to each other which are:
a. Underground and within a 16-inch wide strip of right-of-way, except as
hereinafter provided, shall be considcrcd as onc pathway for thc purpocc of the
license fee; or
b. Aboveground and attached to the same polcs,—and owned t same, as
affiliatcd company, shall be considcrcd ac onc pathway for thc purposc of the
license fee.
{3) In the event a permittee cannot construct or lays underground lines, cables, fiber
optics conduits, duct banks or other pathways within a single 16 inch wide strip of
right of way because a 16 inch widc strip of right of way is not availablc duc to thc
closeness of other lines owned by other entities, then all lines, cables, fiber optics
conduits, duct banks or other pathways which are owned by that permittee or an
affiliatcd company that arc parallcl to each other within the same right of way
regardless of distance apart shall be considered as one pathway for the purpose of
license fees, provided that such lines and pathways could have been constructed
within a single 16 inch wide strip of right of way, if it had been available.
{/1) New lines, cables or fiber optic cables of one or more communications systcros
placed in an underground conduit or duct bank owned by another permittee shall
require a separate telecommunication permit, subject to the samc rcquircmcnts as
other installations, except no additional annual fee shall be paid to the city. New
lines, cables or fiber optic cables of a communications system placed aboveground
on existing poles shall require a telecommunication permit, subjcct to thc samc
communication system which are placed in an underground conduit or duct bank, or
on aboveground poles owned by an entity exempt from the provisions of this articlo
by which the exempt entity has the right to place the conduit, duct bank or poles
within the city property prohibits the application of the permit and fee requirements
contained in this article to the lessee of space within the conduit or duct bank or on
the poles.
{5) The city, through its director of public works, may adjust the license fee for privatc
communication systems annually -by -an amount net in violation of �337.^— ^r�),
subsequent to the establishment of this license fee, or subsequent to the most recent
adjustmcnt in thc liccnsc fcc for any and all subsequent adjustments after the first
to all current permittees. Except for new lines, cables or fiber optic cables within a
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conduit or duct bank owned by another permittee, the license fee shall be based on
the same amount for all nongovernmental entities subject to the requirements of this
article, cxccpt in no event, however, shall the fee be less than $500.00 per linear
mile per annum.
{6) Upon the effective date of the adoption of this article in accordance with provisions of
subsection (b) hereinabove, the following fee schedule is hereby fixed as follows:
a. Annual fcc
1. For the first 50 lineal feet of pathway or les $ 290.00
2. For each additional lineal foot of pathway over 50 feet:
Pathway(s) in existence as of the date of this ordinance:
A. As of October 1, 1993 0.15
B. As of October 1, 199/1 0.25
C. As of October 1, 1995 0.35
D. As of October 1, 1996 0/15
E. As of October 1, 1997 0.55
ii. Pathway(s) added subsequent to the date of this ordinance 0.90
b. Initial fee for preparation review and approval of telecommunication agreement
{does not include recording fee) $ 1,525.00
c. Review of plan-s, issuance of installation permit and inspection of installation of
new facilities:
1. For first 50 lineal feet or less of pathway $ 290.00
2. For each additional lineal foot of pathway over 50 feet 0.35
d. Fee for government owned communicathans system:
1. Annual fee $ 290.00
2. Initial fee including review of plans and inspection plus recording fee
290.00
Sec. 54-305. Registration application procedure; information required.
(a) To obtain a Registration under this Article, a Person shall apply in writing to the Director.
(b) Each request for an initial Registration shall include the following:
a. The name, address and telephone number of the applicant.
b. The name, address and telephone number of the applicant's primary contact
Person in connection with the Registration, and the Person to contact in case of
an emergency.
c. A description of the general nature and size of the proposed Communication
System's plant and equipment that Registrant intends to have occupy the Public
Rights -of -Way, including a list with descriptions of the appurtenances such as
manholes, pedestals, handholes, controlled environmental vaults, etc.
d. A copy of Federal and/or State certification authorizing the applicant to provide
Communications Services.
e. Insurance policy and bonding documents required by this Article.
(c) A Registrant may cancel a Registration upon written notice to the Director stating that it
will no longer place or maintain any Communications Facilities within the Public Rights -of -
Way and will no longer need to obtain permits to perform work in Public Rights -of -Way. A
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Registrant shall not cancel a Registration if the Registrant continues to place or maintain
any Communications Facilities in any Public Rights -of -Way.
(d) Registration does not in and of itself establish a right to place or maintain or priority for
the placement or maintenance of a Communications Facility in Public Rights -of -Way
within the City but shall establish for the Registrant a right to apply for a permit.
Registrations are expressly subject to any future amendment to or replacement of this
article and further subject to any additional City ordinances, as well as any State or
Federal laws that may be enacted. In accordance with applicable City ordinances, codes
or regulations, a permit may be required for a Communications Services Provider that
desires to place or maintain a Communications Facility in Public Rights -of -Way. A
Registration shall be a condition of obtaining a permit. Notwithstanding a Registration,
permitting requirements shall apply. A permit may be obtained by or on behalf of a
Registrant having a Registration if all permitting requirements are met.
(e) A Communications Services Provider with an existing communications Facility in the
Public Rights -of -Way of the City has sixty (60) days from the effective date of this Article
to comply with the terms of this Article, including, but not limited to, Registration.
Sec. 5/1 306. Payment and audit of compensation and license fees.
{a) The annual compcnsation and liccnsc fcc providcd for in cubccction 51 305(b) shall be
payable, in advance, annually on October 1 of each year.
{1) Any new telecommunication permit obtained prior to or after October 1 shall expiro
the following September 30 and the annual fee shall be prorated accordingly.
{2) The fee provided for under subsection 51 305(b)(6)b. hereinabove is required on all
agreement may be required.
(b) Fees for telecommunication systems not paid within ten days after the due date shall
bear interest at the rate of one percent per month from the date due until paid.
{c) The acceptance of any payment for a telecommunication system required hereunder by
the city shall not be construed as an acknowledgment that the amount paid is the correct
amount duc, nor shall such acccptancc of payment be construed as a release of any
claim which the city may have for additional sums due and payable:
{1) All fee payments shall be subject to audit by the city and acccscmcnt or rcfund if the
payment is found to be in error.
{2) In the event that such audit results in an assessment by and an additional payment
to the city, such additional payment shall be subjcct to intcrcst at the ratc of one
percent per month until the date payment is made.
{3) Within 20 days following September 30, a permittee described in subsection 5/1
305(a) hereof shall file with the director of finance a statement signed by an
authorized accounting or financial reprcsentative of the permittee of the gross
receipts on recurring local service revenues derived in the preceding year.
(d) Nothing in this article shall be construed to limit the liability of the licensee for a
telecommunication system for all applicable federal, state and local taxes.
{e) In the event any fees due in accordance with the terms of this article are not paid within
00 days aftcr the duc datc, the public workc dircctor may withhold the issuance or
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(f)
(g)
renewal of any right of way utilization permits or tciccommunication permitc to the
permittee until the amount past due is paid in full.
In the event the maximum franchise fee authorizcd by thc laws of thc ctatc shall be
changed to an u amontth oer than the current u amont ac prcccribcd in F.S. § 337."^101,
the city shall be authorizcd to unilatcrally amcnd this ccction and adjust the franchicc fcc
provided for herein to the maximum franchise fee authorized by the laws of the state;
provided further that the city adjusts the franchise fee for other utilities offering similar
services by an equal amount.
The permittee shall make available to the city during normal business hours the books
and accounts and other documentation of the permittee (hereinafter referred to as tho
revenues upon which the fee payment is based. Upon request by the city, or its
designated representative, the permittee shall providc a copy of its annual rcport to tho
Florida Public Service Commission (PSC). The city, or its designated representative,
shall have the right during the life of this license to examine the reports; provided,
however, that the permittee shall be obligated to maintain its billing records only for thc
period of time required by the PSC and that any examination conducted after such
period shall be confined to the billing records then available. No later than 30 days after
the request of the city, or its representative, the permittee shall supply to the city a copy
of the reports. Such copy shall be in the medium requested by the city, provided that it is
cconomical and practical for the permittee to do so.
Sec. 54-306. Issuance of Registration.
The Director has the authority to and shall grant a Registration to an applicant who files
a completed application and complies with the application requirements herein; provided,
however, the Director shall have the authority to deny a Registration if the applicant fails to meet
the application requirements, the Registrant is subject to pending code enforcement action or
the proposed use of the Public Rights -of -Way presents a danger to the general public and other
users of the Public Rights -of -Way.
Sec.54-307. Notice of Transfers, Sales or Assignments of Assets in Public Rights -of -Way.
If a Registrant transfers, sells, or assigns its assets located in a Public Rights -of -Way
incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or
assignee shall be obligated to comply with the terms of this Article. Written notice of any such
transfer, sale or assignment shall be provided by such Registrant to the Director within twenty
(20) days after the effective date of the transfer, sale, or assignment. If the transferee, buyer or
assignee is a current Registrant, then the transferee, buyer or assignee is not required to re -
Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee,
buyer or assignee shall Register as provided in Sec. 54-305 within sixty (60) days of the
transfer, sale or assignment. If permit applications are pending in the Registrant's name, the
transferee, buyer or assignee shall notify the Public Works Department that the transferee,
buyer or assignee is the new applicant.
Sec. 5/1 30/1. 54-308. Bonds.
(a) Unless the applicant supplies other acceptable financial guarantees or demonstrates
financial responsibility satisfactory to the director of finance and the city attorney, all
persons submitting a request for a telecommunication permit Registration to construct a
telecommunication system in accordance herewith shall file with their request bonds
solely for the protection of the city with a surety company or trust company or companies
as surety or sureties in the amount sufficient to protect the city from any and all damages
or costs suffered or incurred by the city as a result thereof, including but not limited to
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attorney's fees and costs of any action or proceeding, and including the full amount of
compensation, indemnification, cost of removal or abandonment of any property or other
costs which may be in default, up to the full principal amount of such bond which shall
not exceed the amount of $50,000.00; and the condition shall be a continuing obligation
during the entire term of any telecommunication permit Registration issued in
accordance herewith and thereafter until the permittcc Registrant shall have satisfied in
full any and all obligations to the city which arise out of or pertain to the
telecommunication permit Registration for a telecommunication system.
(b) None of the provisions of this section nor any bond accepted by the city pursuant hereto,
nor any damages recovered by the city hereunder, shall be construed to excuse the
faithful performance by or limit the liability of the permittcc Registrant under this article or
any telecommunication permit Registration issued in accordance herewith or for
damages either to the full amount of such bond or otherwise.
Sec. 51 307. 54-309. Indemnity and insurance.
(a) The city shall not at any time be liable for any injury or damage occurring to any person
or property from any cause whatsoever, arising from the use, operation or condition of
the permittec's Registrant's communications system.
(b) The permittcc Registrant shall indemnify, save and hold harmless and defend the city
from all liens; charges, claims, including but not limited to, libel, slander, invasion of
privacy and unauthorized use of any trademark, trade name or service mark; demands;
suits; actions; fines; penalties; losses; costs, including but not limited to reasonable legal
fees and court costs including legal fees and court costs on appeal; judgments; injuries;
liabilities or damages, in law or equity, of any and every kind and nature whatsoever,
arising out of or in any way connected with the installation, operation, maintenance or
condition of the permittec's Registrant's communications system or the granting of the
telecommunication permit Registration. The granting of the permit agreement
Registration is a separate and distinct consideration for the granting of this indemnity.
(c) Upon the granting of a permit Registration for a telecommunication system and at all
times during the terms of the permit Registration, including the time for removal of
facilities as provided for herein, the permittee Registrant shall obtain, pay all premiums
for, and file with the city insurance manager written evidence of payment of premiums
and executed duplicate copies of the following:
(1) A general comprehensive liability policy indemnifying, defending and saving
harmless the city, its officers, boards, commissions, agents or employees from any
and all claims by any person whatsoever on account of injury to or death of a person
or persons occasioned by the operations of the permittee under the
telecommunication permit Registration herein granted, or alleged to have been so
caused or occurred, with a minimum liability of $500,000.00 combined single limit for
personal injury or death.
(2) Property damage insurance, indemnifying, defending, and saving harmless the city,
its officers, boards, commissions, agents and employees from and against all claims
by any person whatsoever for property damage occasioned by the operation of
permittee Registrant under the telecommunication permit Registration herein granted
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or alleged to have been so caused or occurred, with a minimum liability of
$500,000.00 combined single limit for property damage.
(c) All insurance policies called for herein for telecommunication systems shall be in a form
satisfactory to the city insurance manager and shall require 30 days' written notice of any
cancellation to both the city and the permittee Registrant. The permittee Registrant shall,
in the event of any such cancellation notice, obtain, pay all premiums for, and file with
the city, written evidence of the issuance of replacement policies within 30 days following
receipt by the city or the permittcc Registrant of any notice of cancellation.
(e) In lieu of the insurance policies as required by and referenced in subparagraphs (c) and
(d) above for telecommunication systems, the permittcc Registrant may submit:
(1) A certification by a qualified independent actuary, acceptable to the city insurance
manager, which indicates that permittee the Registrant has established an
"actuarially sound" self-insurance program with adequate reserves and resources to
provide coverage and protection equal to or better than the requirements contained
in subparagraphs (c) and (d); or
(2) Other documentation and proof acceptable to the city's director of finance and
insurance manager which indicates that permittcc the Registrant has a self-
insurance program with adequate reserves and resources to provide coverage and
protection equal to or better than the requirements contained in subparagraphs (c)
and (d).
Sec. 5/1 308. 54-310. Police powers.
Nothing in this article or in any telecommunication permit Registration issued in accordance
herewith shall be construed as an abrogation by the city of any of its police powers.
Sec. 51 309 54-311. Use of streets and pole attachments.
(a) Before commencing construction of its communications system in, above, over, under,
across, through or in any way connected with the streets, public ways or public places of
the city, the permittcc Registrant shall first obtain the written approval of, and all other
necessary permits from, all appropriate city agencies, including but not limited to the
department of public works. Applications for such approval shall be made in the form
prescribed by the director of public works or his authorized designee.
(b) Upon obtaining such written approval, the permittcc Registrant shall give the department
of public works written notice within a reasonable time of proposed construction, but in
no event shall such notice be given less than ten (10) days before such commencement,
except for emergency repairs of existing lines or cables.
(c) Any person who submits a request for a permit in accordance herewith shall include
therein proposed agreements for the use of existing utility poles and conduits, if
applicable, with the owner(s) of such facilities to be used or affected by the construction
of the proposed telecommunication system, which agreements shall become effective on
the date of execution of the permit issued in accordance herewith in the event that such
person is issued a permit.
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(d) It shall be unlawful for the permittee Registrant or any other person to open or otherwise
disturb the surface of any street, sidewalk, driveway, public way or other public place for
any purpose whatsoever without obtaining approval to do so after proceeding in the
manner prescribed in subsections (a) and (b) hereof. Violation of this section shall
subject the permittcc Registrant to all penalties and remedies prescribed therein and to
all other remedies, legal or equitable, which are available to the city.
(e) The permittcc Registrant shall restore any street or sidewalk it has disturbed in
accordance with the provisions of the city's standard specifications for streets and
sidewalks and shall, at its own cost and expense, restore and replace any other property
disturbed, damaged or in any way injured by or on account of its activities to as good as
the condition such property was in immediately prior to the disturbance, damage or injury
or pay the fair market value of such property to its owner.
(f)
The permittcc Registrant shall, at its own cost and expense, protect, support, temporarily
disconnect, relocate in the same street or other public place, or remove from such street
or other public place, any of its property when required to do so by the city because of
street or other public excavation, construction, repair, regrading, or grading; traffic
conditions; installation of sewers, drains, water pipes, city -owned power or signal lines,
tracts; vacation or relocation of streets or any other type of structure of or improvement
of a public agency, or any other type of improvement necessary for the public health,
safety or welfare, or upon termination or expiration of the permit Registration.
(g) Nothing in this article or any permit issued in accordance herewith shall be construed as
authorizing the permittcc the Registrant to erect and maintain new poles in areas
serviced by existing poles, if the poles are available for permittee the Registrant's cable.
The permittee Registrant shall obtain written approval from the department of public
works and other appropriate city agencies before erecting any new poles or underground
conduits where none exist.
(h) The permittee Registrant shall maintain all wires, conduits, cables, and other real and
personal property and facilities in good condition, order and repair.
(i) The permittee Registrant shall keep accurate, complete and current maps and records of
its system and facilities which occupy the streets, public ways and public places within
the city, detailed by linear foot, if applicable, and shall furnish, as soon as they are
available, two (2) complete and updated copies of such maps and records, including as -
built drawings, to the department of public works on an annual basis prior to issuance or
renewal of a telecommunication permit Registration.
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(j) The permittcc Registrant shall comply with all rules and regulations issued by the
department of public works governing the construction and installation of
communications systems. In addition:
(1) All aerial cables and wires shall be installed parallel with existing telephone and
electric utility wires.
(2) Multiple aerial configurations shall be in parallel arrangement and bundled, in
accordance with engineering and safety considerations.
(3) All underground installations shall be in the appropriate size and type conduit or
other enclosures approved by the public works director.
(4) All installations shall be underground in those areas of the city where both telephone
and electric utilities facilities are underground at the time of the installation of the
permittee's Registrant's communications system. In areas where both telephone and
electric utilities' facilities are aboveground at the time of the installation of the
permittec's Registrant's communications system, the permittcc Registrant may install
its system aboveground on existing utility poles only, upon the condition that at such
time as those facilities are placed underground by the telephone and electric utility
companies, the permittee Registrant shall likewise place its facilities underground at
its sole cost and expense.
(5) The permittee Registrant upon reasonable notice by the city shall temporarily or
permanently remove, adjust, raise or lower its facilities within the right-of-way when
the city determines that such action is needed for public use of the right-of-way
including, but not limited to, the passage of nonstandard vehicles.
(6) The permittee Registrant shall obtain the written permission of the owner including
the city of any tree or other vegetation before it trims or prunes the same.
Sec. 54-312. Termination of Registration
The City may declare a forfeiture and termination of, and revoke and cancel all rights
granted under the Registration if (a) a federal or state authority suspends, denies, or revokes a
Communications Services Provider's certification to provide Communications Services; (b) the
Registrant's use of the Public Rights -of -Way presents a danger to the general public and other
users of the Public Rights -of -Way; (c) the Registrant has abandoned its Communications
Facilities in the Public Rights -of -Way and has not complied with Section 54-315; (d) the
Registrant is subject to code enforcement action; or (e) the Registrant is in violation of any other
ordinance, regulation, law, or statute. Prior to such termination by the City, the Registrant shall
be served by the City with a written notice setting forth all matters pertinent to the termination
action, including which of (a) through (e) above is applicable as the reason therefore, and
describing the action of the City with respect thereto. The Registrant shall have sixty (60) days
after service of such notice within which to address or eliminate the reason, or within which to
present a plan, satisfactory to the City, to accomplish the same. In the event of such
termination, the Registrant shall, within a reasonable time following demand by the City, remove
or abandon the Communications Facilities and take such steps as are necessary to render
every portion of the Communications Facilities remaining within the Public Rights -of -Way of the
City safe, and shall thereupon be deemed to have abandoned same in its entirety; and the
same shall thereupon become the sole property of the City without payment to the Registrant. If
the City agrees to abandonment, the Registrant shall incur, from that time forward, no future
obligations with respect to the Communications Facilities.
Sec. 54-313. Failure to enforce Registration.
The Registrant shall not be excused from complying with any of the terms and conditions
of this Article by any failure of the City, upon any one (1) or more occasions, to require the
Registrant's performance or compliance with any one (1) or more of such terms or conditions.
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Sec. 54-314. Future rules by the Director.
The Director reserves the right to promulgate rules, regulations, forms, and procedures
to implement the intention of this Article.
Sec. 54-315. Abandonment of Facilities.
(a) Upon abandonment of a Facility owned by a Registrant in the Public Rights -of -Way, the
Registrant shall notify the Director within ninety (90) days. The Director may direct the
removal by delivering written notice to remove all or any portion of such Abandoned
Facility at the Registrant's sole expense if the City determines that the Abandoned
Facility's presence interferes with the public health, safety or welfare, which shall
include, but shall not be limited to, a determination that such Facility: (1) compromises
safety at any time for any Public Rights -of -Way user or during construction or
maintenance in Public Rights -of -Way; (2) prevents another Person from locating
Facilities in the area of Public Rights -of -Way where the Abandoned Facility is located
when other alternative locations are not reasonably available; or (3) creates a
maintenance condition that is disruptive to the Public Rights-of-Way's use.
(b) In the event that the City does not direct the removal of the Abandoned Facility, the
Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the
alteration or removal of all or any portion of the Facility by the City or a third party at
such third party's cost.
(c) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed
by the City within a reasonable time period as may be required by the City under the
circumstances, the City may perform such removal and charge the cost of the removal
against the Registrant. Any fees incurred by the City for removal of the Facility shall be
attached to any Business Tax Receipt maintained by such entity in the City, and
payment of such penalties shall be required prior to renewal of any such Business Tax
Receipt.
Sec. 5/1 311 54-316. Florida Consumer Choice Act of 2007.
This chapter 54 shall be construed in accordance with the Florida Consumer Choice Act
of 2007 ("the Act") so that the city shall retain all rights and obligations permitted by the
Act to be retained by the city as of June 30, 2007, and so that the obligations and rights
of all persons which have previously obtained permits and previously entered into
agreements with the city and all persons which shall obtain permits in the future and
enter into agreements with the city in the future for work to be performed or conducted
within and any related maintenance and restoration of the city's public right-of-way as
defined in section 54-1, as amended, and for any other continuing obligation to the city
as permitted by law, shall be construed as in force as of June 30, 2007, and so as to
comply with the nondiscriminatory mandate of the Act.
Secs. 51 312 54-317 - 54-340. Reserved.
ARTICLE IX. COCONUT GROVE SPECIAL EVENTS DISTRICT
* *
Sec. 54-341. Created, restrictions; application and approval required.
*
(c) Restrictions established. The following restrictions shall apply to the district, excluding
Coconut Grove Expo Center permitted activities undertaken on Pan American Drive:
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(1) There shall only be two gi events per month. The term "event," for the purpose of
this article, is hereby defined as an activity where any one LU of the following
conditions occur within the special events district:
c. Any temporary, partial use of, complete or partial obstruction of public streets or
rights -of -way pursuant to section 54-3 54-6 or section 5.4-6 54-6.3 of this Code
connected with an activity satisfying the criteria set forth in the other subsections
herein;
Sec. 54-343. Supplementary user fee established.
There shall be a fee required for special events occurring within the Coconut Grove special
events district as follows:
* * *
(4) All revenues derived from said supplementary fee shall be deposited in an account
known as the Coconut Grove special events district fund and shall be utilized for
promotion, marketing, advertising of the district as well as administrative expenses of the
Coconut Grove business improvement district board ("BID board"), and for the
maintenance, improvement and beautification of Peacock Park and the Coconut Grove
special events district, without reducing the otherwise normal allocation to the parks.
Additionally, funds currently collected by the city department of public works from
"sidewalk cafe and banner fees" in the SD 2 district Coconut Grove Special Events
District shall also be placed into the Coconut Grove special events district fund following
the adoption date of the ordinance from which this section derives.
* * *
Sec. 54-344. Supplementary banner fee established.
A supplementary banner fee is established for horizontal banners in the public right-
of-way relating to special events occurring within the Coconut Grove special events district,
and approved by the Coconut Grove business improvement district board ("BID board")
pursuant to section 54-341, as follows:
(1) The promoter of the event requesting to display a horizontal banner within the
Coconut Grove special events district shall pay to the BID board, a
supplementary banner fee of $500.00 1,000.00 per banner when the event is
promoted by a for profit organization, and $500.00 per banner when the
event is promoted by a nonprofit organization. This supplementary banner
fee is in addition to the monies paid for any of the city's services regarding
banners.
(2) The supplementary banner fee shall be paid to the BID board for deposit into
a separate account set forth herein below at the time the promoter of the
event submits a banner application to public works.
(3) Each banner in the Coconut Grove special events district shall be allowed to
remain for no longer than 30 days.
(4) All revenues derived from said supplementary banner fee shall be deposited
in an account known as the Coconut Grove special events district fund and
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(5)
shall be used for promotion, marketing, advertising of the district and
administrative expenses of the BID board, and for the maintenance,
improvement and beautification of Peacock Park and the Coconut Grove
special events district, without reducing the otherwise normal allocation to the
parks.
The city commission may waive all or part of the supplementary banner fee.
ARTICLE X. USE OF PUBLIC RIGHTS OF WAY FOR INSTALLATION OF LOW LEVEL WIND
SHEAR ALERT SYSTEM(S) RESERVED.
Sec. 5/1 371. Statement of purpose.
The city commission hereby finds and declares that it is necessary and reasonable for this
article:
{1) To regulate the erection, construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair, use, rebuilding and replacement of low level
wind shear alert systems (hereinafter referred to as the "LLWAS") by the Federal
above, over, under or in any manner connected with the streets, public ways or public
places within the corporate limits of the cit" ac new or in the fbitu-e may evict• and
{2) To provide the city with compensation for the cost of regula+1eced by this article
for a LLWAS.
Sec. 51 372. Definitions.
For the purpose of this article and any agreement in accordance herewith, the following terms,
specifically provided in this article, unless the context clearly indicates otherwise or unless such
meaning would be inconsistent with the manifest intent of the city commission:
FA/\ mea+�s the Federal Aviation Administration or its legally appointed successor.
LLWAS or low level wind shear alert system(s) means any low level wind shear alert sensors,
may exist.
LLWAS permit agreement(s) means the document by which the city authorizes the FAA to
erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair, use, rebuild and
replace an LLWAS that occupies the streets, public rights -of -way or public places within the city.
Any LLWAS permit agreement(s) issued in accordance herewith shall be subject to approval as
to form by the city attorney whose office shall promulgate a standard form agreement.
Permittee means the FAA, or its legal successor in interest, that is issued a LLWAS permit
agreement(s) in accordance with the provisions is article for the erection, construction,
reconstruction, installation, operation, maintenance, dismantling, testing, repair, use, rebuilding
of -replacement of an LLWAS in the city.
walkway, boulevard, drainage facilit„ accecc fer ingrecc or egrecc „r ether purpecec by the
public, certain designated individuals or governing bodies.
between the boundary lines of every way publicly maintained, when any part thereof is open for
public purposes. "Street" includes, but is not limited to, highway, avenue, road, drive, lane,
boulevard, court, concourse, cul de -sac, parkway, circle, terrace and place.
Sec. 5/1 373. Service of notice.
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All notices required to be given to the city under any provisions of this article shall be deemed
scrvcd whcn rcccivcd through the U.S. mail or dclivcred by hand in writing to the city public
works director or to any person in charge of the department during normal working hours.
Sec. 51 37/1. No liability or warranty.
This article shall not be construed to create or hold the city responsible or liable for any damage
to persons or property by reason of any inspection or reinspection authorized herein or failure to
inspect or reinspect, nor shall the isuance of any LLWAS permit nor the approval or
disapproval of any installation authorized herein constitute any representation, guarantee or
thereof.
Sec. 51 375. Length of permit agreement(s).
{a) Any LLWAS permit agreement(s) issued by the city in accordance herewith shall be a
nonexclusive permit for the use of the streets, public rights of way or public places within
the city as specified in the LLWAS permit for the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair, use, rebuilding and
replacement of an LLWAS.
(b) Any LLWAS permit issued by the city shall continuc in full force and effcct so long a, the
permittee is in compliance with this article, and all applicable federal, state and local
ordinances and regulations and the space occupied is not needed for a -public -tease.
{c) In the event any LLWAS permit shall be revoked, thc applicable LLWAS shall bo
removed from the strects, public rights of way and public placcs in accordancc with tho
provisions of section 5/ 376
Sec. 5/1 376. Permit locations.
{a) Any LLWAS permit agrccmcnt(s) iszucd in accordancc hcrcwith shall apply only to thc
location or locations stated on the LLWAS permit or permits.
(b) Nothing in this article shall be construed as a representation, promise or guarantee by
the city that any other permit or other authorization required under any city ordinance for
the construction or installation of an LLWAS shall be issued. The requirements for any
and all permits as may be rcquired by any city ordinance, including the right of way
utilization permit, shall still apply and all other applicable permit fees shall still be due.
Sec. 5/ 377. Technical standards.
All technical standards governing erection, construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair, use, rebuilding and replacement of an LLWAS
provided for herein shall be in accordance with all applicable FAA and other federal, state and
local laws and regulations, including, but not limited to, the most recent editions of the South
Florida Building Code, National Electrical Code and the National Electrical Safety Code.
Sec. 51 378. Powers and duties of city public works director.
The city public works director or his authorized designee shall have the following powers and
duties:
{1) Receive and review applications for LLWAS permits;
{2) Review and causc to be auditcd all rcports and filings submittcd by thc permittcc to tho
city -pursuant to this-tarticle and
{3) Submit regulations regarding the erection, construction, reconstruction, installation,
operation, maintenance, dismantling, testing, repair, use, rebuilding or replacement of
any LLWAS cstablished by LLWAS permit in accordance herewith to the director of tho
department of public works for promulgation.
Sec. 51 379. Compensation for permit.
rights of way for the establishment and maintenance of a LLWAS shall be $575.00 per polo
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Sec. 54 380. Indemnity.
{a) The city shall not at any time be liable for any injury or damage occurring to any person
or roper-ty-from any ce whatsoever, arse-,f om uce „peration „r condition of
the permittee's LLWAS.
compensatory money damages for injury or loss of property or personal injury or death
caused by the negligent or wrongful act or omi cion of any employee of thc permittcc
while acting within the scope of his office or employment under circumctancoc where thc
permittee, if a private person, would be liable in accordance with thc law of thc place
where the act or omission occurred. The foregoing indemnity shall not extend to claims
based upon acts or omissions of the permittcc's employees for which the permittcc
would not be liable under the Federal Tort Clams Act of 19/15 (28 USC 2671 et seq.) as
now or hereafter amended.
Sec. 51 381. Police powers.
Nothing in this article or in any LLWAS permit issued in accordance herewith shall be construed
as an abrogation by the city of any of its police powers.
Sec. 5/1 382. Use of streets, public rights of way and public places.
{a) Before commcncing conct eten-ef its-LLWAS inabove over ;der, assess t r „
In any way connected with the streets, public rights of way or public places of the city,
appropriate city agencies, including, but not limited to, the department of public works.
Applications for such approval shall be made in the form prescribed by the director of
public works or his authorized designee.
(b) Upon obtaining such written approval, the permittee shall give the department of public
works written notice within a reasonable time of proposed construction, but in no event
shall such notice be given less than ten days before such commencement except for
{c) It shall be unlawful for thc permittcc or any othcr person to opcn or otherwise disturb thc
surface of any street, sidewalk, driveway, public way or other public place for any
p pose whatsoever without obtaining approval to do so after proceeding in the manner
prescribed in subsections (a) and (b) hereof. Violation of this section shall subject thc
permittee to all penalties and remedies prescribed therein and to all other remedies,
legal or equitable, which are available to the city.
(d) The permittee shall restore any street or sidewalk it has disturbed in accordance with thc
ow-Pi-eest and expense, restore and replace any other property disturbed, damaged or in
any way injured by or on account of its activities to as good as the condition such
property was in immediately prior to the disturbance, damage or injury or pay the fair
market value of such property to its owner.
disconnect, relocate in the same street, public right of way or other public place, or
remove from such street, public right of way or other public place, any of its property
when required to do so by the city because of street or other public excavation,
construction, repair, regrading or grading; traffic conditions; installation of sewers, drains,
water pipes city owned power or signal lines' vacation or relocation of streets, or any
other type of structure or improvement necessary for the public health, safety or welfare,
or upon termination or expiration of the permit.
(f) The permittee shall maintain all sensors, poles, lines, cables, and other real and
personal property and facilities in good condition, order and repair.
(g) The permittee shall keep accurate, complete and current records of its system and
facilities which occupy the streets, public rights of way and public places within the city
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and shall furnish as soon as thcy arc availablc two copics of such rccords, including as
built dramas, to the department of public works.
(h) The permittee shall comply with all rules and regulatha-4s issued by the department of
public works governing the construction and installation of the LLWAS.
Secs. 51 383 54-371 - 54-410. Reserved.
ARTICLE XI. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY
TELEPHONES
Sec. 54-420. Locations and placement of pay telephones.
* *
*
(e) Pay telephones shall not be installed in single family residential or duplex residential
districts T3 or T4-R Transect Zones, as described in Ordinance No. 11000 Miami 21, the
zoning ordinancc code of the city, as amended.
*
ARTICLE XII. LITTLE HAVANA SPECIAL EVENTS DISTRICT
Sec. 5/ '110. Created, restrictions.
{a) Boundaries. There is hereby created, in memory of Frank Lopez (a Littic Havana
Northwest 7th Street, on the south by Southwest 914 Street on both sides, on the east by
Statc Road 195 and the Mier, aand on [i li st by 37 Avenue, to be known as
the "Little Havana Special Events District."
(b) Restrictions established. The following restrictions shall apply to the district:
{1) Only two events per month shall occur. The term "event," for the purposc of this
articic, is hcrcby dcfincd as an activity whcre any one of the following condition
occur within the special events district:
a. Any sailing of alcoholic bcvcrages in the public right of way, or in the city
parks, other than in lawfully permitted sidewalk cafes;
b. Any pyrotechnics display;
c. Any temporary, partial use of, complete or partial obstruction of public strccts
or rights of way pursuant to section 51 3, or section 5/ 6 or 5/ 6.3 of the city
Code;
d. Any parade or procession, other than funeral processions, of more than
/ / * vehicles, floats, bands or marching units;
c. Any tcmporary vcnding or conccssion permit conducted in the public rights of
way or parks pursuant to sections 31 50 and 38-65 of the city Code; or
f. Any use of mechanical rides or amusements.
{2) The following annual events held in the Little Havana Special Events District prior to
the adoption of this article are exempt from the restrictions set forth in subsection (b)
{1) herein: Calle Ocho Fcstival; Carnaval Miami, 8K Run; The Thrcc Kingc Paradc
and Josc Marti Parade.
{3) The two events per month restriction shall be further limited to: prevent events on
successive weekends except for Calle Oche Festival and Carnaval Miami• no more
r r
than 2/ events per year, inclusive of those events exempted pursuant to subsection
(b)(2) herein. Further, if any of the preexisting events do not occur in a given year, for
any mason other than an act of God, the evcnt looses the exemption set forth in this
section.
{1) Applications for evcnts must be submittcd to the cxccutivc cccrctary of the Litho
the event.
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{5) Priority dates will be given on a first come, first served basis to those events that
have occurred in the Little Havana area for five or more preceding years.
(c) Waiver or modification of restrictions. The city commission has the authority to waive or
rnodify any of the above restrictions
Secs. 5/ / 11 5/1 / 1 . Reserved.
Secs. 5/1 '1'15. Supplementary user fee established.
The fee required for special events occurring within the Little Havana Special Events
District shall be as follows:
(,tea. The romoter the -event s� y to the su ementar user fee ten
percent of the estimated cost of the city's services for the event. This supplementary
fee is in addition to the monies paid for the city's service fees.
b. In the event that the city services fee is higher than the estimated cost previously
given, the promoter shall pay to the city the additional monies within 30 days
after the event.
{2) The supplementary user fee shall not exceed $10,000.00.
{3) The supplementary user fee shall be paid to the city no later than ten days prior to
the event.
{/1) All revenues derived from said supplementary user fee shall be deposited in thc
special revenue account known as the Little Havana Special Events District Fund
and shall be utilized, based on thc recommendaion of thc committee, for the
rnaintenance, improvement and beautification of thc Little Havana Special Events
Dictrictc niithoi ut redi Icing an ethor,vicc normal allocation.
{5) The city commission shall not waive the supplementary user fee."
Section 3. Chapter 55 of the City Code, entitled "Subdivision Regulations", is amended
in the following particulars: {1}
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec. 55-1. Definitions
Engineer means a civil engineer registered under F.S. ch. /172 471 who is in good
standing with the state board of professional engineers and land surveyors.
Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good
standing with the state board of professional engineers and Ian surveyors and mappers.
Lot includes any platted tract or platted parcel and means the least fractional part of
subdivided lands having limited fixed boundaries, and an assigned number, letter or other name
through which it may be identified, intended as a single building site or unit for transfer or
ownership for development.
Plat and street committee is the technical committee that shall review all tentative plats
before acceptance by the city commission. The composition of the committee shall be as
follows:
(1) Department of public works; department of planning; department of buildingan4i office of
zoning; department of police; department of fire -rescue; department of general services
administration; and department of solid waste.
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Public utility includes any public or private utility, such as, but not limited to, storm
drainage, sanitary sewers, electric power, water service, gas service, cable television or
telephonc linc communications facility, whether underground or overhead.
* *
Sec. 55-6. Same -Revising plat after approval.
Any changes, erasures, modifications or revisions to an approved plat prior to
recordation may only be made by the plat survey section with the approval of the supervisor of
plats to correct scriveners' errors, reflect accurate legal descriptions and locate right-of-way
dedications, drainage ways and easements.
* * *
Sec. 55-7. Same -Procedure -Conference and tentative plat.
(a) Preliminary conference. The subdivider or his engineer or land surveyor, prior to the
preparation of the tentative plat, may informally seek the advice of the supervisor of
plats, or his designee, in order that he may become familiar with the subdivision
requirements.
(b) Tentative plat. The tentative plat shall show all of the facts and data required by the
supervisor of plats to determine whether the proposed layout of the land in the
subdivision is satisfactory from the standpoint of public interest.
(1) The following information shall be a part of the tentative plat unless waived by the
supervisor of plats:
p. A plat application signed by the owner, or owner's designee, and notarized on
the form prescribed by the supervisor of plats.
*
* *
(2) The following information shall be submitted in addition to the tentative plat if
requested by the supervisor of plats, or by the plat and street committee:
a. Any proposed changes in the use, height, area and density districts or other
regulations under Ordinance No. 11000 the Miami 21, comprchcnsivc the
zoning ordinancc code for the city, applicable to the area to be subdivided.
Sec. 55-8. Same -Same -Final plat.
(c) Contents.
(1) Name of subdivision. The plat shall have a title or name. The terms "town," "city"
or "village" or any other terms suggesting a municipal corporation municipality
shall not appear in the title or name of any plat which includes any property in the
City of Miami. The supervisor of plats of the city and/or Miami -Dade County shall
disapprove any name or title which may be found to be sufficiently similar to the
name of any existing town, city or village or municipal corporation, or the name
similar to any previously approved plat in the incorporated or unincorporated
areas of the county which may cause confusion as to the status or the location of
any platted property.
* * *
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(18) Signature of the director and City surveyor of the city department of public works,
certifying that the plat appears to conform to all of the provisions and requirements of
this chapter.
(20) Signature of the director of ##e Miami -Dade county public works department of
regulatory and economic resources and, if applicable, the director and county engineer
of the Miami -Dade county public works/waste management department indicating that
the plat also conforms to chapter 28 of the county Code.
*
(e) Approval by city commission.
(1) Upon submission of the final plat and the additional required data, the director of the
department of public works shall cause the plat to be placed on the next available
city commission agenda for approval. After approval by the city commission, and
certification of said approval by the city manager and city clerk, the owner of the
property being platted shall be notified that Ne the plat is ready for recordation. The
owner shall retrieve City shall deliver IFS the plat from the department of public works
and carry it to the appropriate county agency for county review and approval and
subsequent recordation in the public records of Miami -Dade County. The plat must
be recorded within 120 180 calendar days of the approval by the city commission.
(2) If the property owner has not caused the recordation of the plat within the above -
specified 120 180, the director of public works shall notify the city commission that
the plat is in default, and is deemed abandoned. The director shall submit to the city
commission, at the earliest available meeting, a resolution for their approval
rescinding their prior action and ordering the release and/or refund of any bond for
subdivision improvements. The property owner shall be notified by registered letter,
return receipt requested, that his plat is in default and shall be informed of the date of
the city commission meeting at which recision of his plat will be considered. At that
meeting, the property owner may petition the city commission for an extension of
time, not to exceed 30 days, in which to complete the recordation of his plat. The city
commission may grant or deny the petition of the property owner for extension of
time. If the extension of time is granted and the plat has not been recorded within the
above 30-day period, the city commission shall automatically rescind its original
approval of the plat.
* * *
Sec. 55-10. Building permits; issuance; restrictions; exceptions.
* *
(d) A permit may be issued for the repair, remodeling or renovation of a conforming or
nonconforming building (other than a an-esingle-family detached dwelling and customary
accessory buildings), structure or parking lot on a parcel of unplatted land or on a lot of
record that has been divided into separate parcels, if proof is submitted that said
unplatted parcel was described by deed prior to September 25, 1946, or that said
division of lot was approved under zoning regulations in effect prior to June 27, 1983.
Said permit will be for ordinary repairs, remodeling or renovation, for repairs or
replacement of nonbearing walls (or of bearing walls where necessary for structural
safety), fixtures, wiring or plumbing to an extent not exceeding those applicable
provisions of the Miami 21 Code, as amended, or the South Florida Building Code,
whichever is more restrictive.
* * *
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(h) Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to
section 910.7 of zoning Ordinance No. 11000 Article 7 of the Miami 21 Zoning Code, as
amended, the zoning ordinance of the city and the combined property included in the
"covenant in lieu of unity of title" is legally platted or meets an exception to platting
provided in City Code Section 55-10, replatting of existing and future internal divisions of
the property will not be required for said project provided that the combined property is in
compliance with the covenant in lieu of unity of title.
Sec. 55-11. Design standards.
(c) Easements.
(2) Where a subdivision is traversed by a watercourse, drainageway or canal, there shall
be provided a canal maintenance easement or right-of-way conforming substantially with
the lines of such watercourse, and of such width as shall be required by the county City
public works department- and/or Miami -Dade public works/waste management
department.
(d) Lots.
(2) Lot dimensions, after dedication of necessary rights -of -way, shall conform to the
requirements of Ordinance No. 11000 Miami 21, the comprehensive zoning ordinancc
code, as amended, for regular or irregular conforming lots. The provisions of subsection
7.2.7 of Miami 21 2102.2, Ordinance No. 11000, as amended, shall not apply to plats
which subdivide unplatted land, or a combination of platted lots and unplatted land.
(9) No plat shall be so designed as to create a remainder of a previously platted lot, or
an unplatted tract of land, which is a substandard building site in accordance with the
provisions of Ordinance No. 11000 Miami 21.
*
Sec. 55-12. Required improvements.
Prior to the granting of the final approval by the city commission, the subdivider shall
have installed or shall have furnished adequate bond of 115 percent of the cost of
improvements, as set forth in writing to the subdivider by the supervisor of plats, for the ultimate
installation of the following:
*
(2) Streets.
*
d. Fill. Fill shall be placed in the entire subdivision to the elevations, after
settlement, indicated on the flood criteria maps prepared by the county
department of public works Miami -Dade County. The type of fill shall meet with
the approval of the department of public works. Soil tests of the fill and the
underlying material, in areas in which streets or other public facilities are to be
located, shall be required. The fill for the balance of the subdivision may be
certified by a registered engineer as to type and method of placement, or the
engineer shall submit a statement as to type of fill to be supplied, and method of
placement, the latter statement being for information, not certification, purposes.
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e. Street signs. Street name signs shall be placed at all street intersections within or
abutting the subdivision. Such signs shall be of a type approved by the county
and shall be placed in accordance with the standards of the county and the
county manual of public works construction. The type of street signs and their
location shall meet with the approval and inspection of the county's director of
public works/waste management department.
(3) Water supply system.
a. Domestic water supply. The subdivider shall contact and make the necessary
arrangements with Miami Dade Water and Sewer Authority Department for
construction, extension and/or upgrading of the domestic water supply system
necessary to serve the area being platted. The final plat shall not be forwarded
to the city commission for approval until notification has been received in
writing by the department of public works from Miami -Dade Water and Sewer
Authority Department that satisfactory arrangements have been made.
b. Individual wells. Individual wells for domestic water supply shall not be
permitted. Deep wells for the disposal of on -site drainage of stormwater shall
be constructed in accordance with requirements of the Miami -Dade county
department of environmental regulatory and economic resources management
and shall be approved by them. On -site stormwater must be accommodated
on site. Drainage from on -site sources into the public right-of-way shall not be
permitted.
*
(4) Sewage disposal system.
a. Connection to existing sewer. On streets with existing sanitary sewers, each new
lot in a subdivision shall be provided with a sanitary lateral connection. When
necessary, the existing sanitary sewer shall be extended, and new lots shall be
provided with a sanitary lateral connection. All construction shall comply with
standards and specifications of the department of public works and Miami -Dade
Water and Sewer Department and shall be subject to the inspection by the
department and subject to issuance of the necessary permits prior to construction.
b. Septic tanks. Where there is no sanitary sewer available, septic tanks may be
permitted upon approval by the Miami -Dade county department of cnvironmcntal
regulatory and economic resources management in accordance with the
provisions of chapter 24 of the Metropolitan Miami -Dade County Code. Septic
tanks shall be installed in compliance with all of the requirements, specifications
and standards of the county and state governing their use.
* * *
Sec. 55-14. Encroachments on or in rights -of -way, public easements, private easements or
emergency access easements; exceptions.
(a) No building or any other type of structure shall be permitted on or in any right-of-way,
public easement or emergency access easement, except required or approved utility
installations, or as may be permitted under the Florida Building Code or chapter 54 of
the City Code.
*
(c) Calculation of user fee. The user fee shall be calculated as follows:
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(1) Property owner must obtain a certified appraisal for the land value of the two gj
properties from a certified general appraiser approved by the city. The land value per
square foot of building shall be determined by dividing the total market value of the land
comprising the entire project site by the maximum amount of building square footage
that can be constructed by right as permitted by the applicable city zoning ordinance(s)
code.
Sec. 55-15. Vacation and closure of rights -of -way and platted easements by plat.
(e) Alternate method for vacation and closure of platted easements. The vacation and
closure of platted private easements;i platted public easements and platted emergency
access easements, shall be accomplished by replatting the property as set forth in this
section. Public hearings by the planning, zoning and appeals board and city commission are
required, except in cases where waived by the city manager or his designee. Before the
requirement for such public hearings may be waived, the applicant shall have obtained (i)
written consent to vacate and close the platted private easement(s), platted public
easement(s) or platted emergency access easement(s) from the holder(s) of the
easement(s), (ii) written releases from all benefited specified individuals or public or private
entities, or a certification that no such benefited individuals or public or private entities exist
within the easement(s)Ti and (iii) recommendations of approval from the departments of
police, public works, fire -rescue, general services administration solid waste an,_planning,
building and office of zoning. The written consent that must be obtained from the holder(s) of
the easement(s) must specify that the holder(s) of the easement(s) consent(s) to the
vacation and closure of the easement(s) and must specify whether the holder(s) of the
easement(s) has (have) granted any type of interest in the easement(s) to a third party, and
shall specify the third party's identity. In the event that a third party does have an interest in
the easement(s), the applicant must also obtain the third party's written approval to vacate
and close the easement(s). In addition, the applicant must submit an ownership and
encumbrance search report prepared by a title company of the area encompassed by the
easement(s) that is (are) to be vacated and closed.
(f) Planning, zoning and appeals board's public hearing for vacation and closure of rights -of -
way and platted easements. After issuance of the findings of fact and recommendations by
the plat and street committee, the subdivider shall make application to the department of
hearing boards section for a public hearing by the city planning, zoning and appeals board
for the vacation and closure. The procedure for public notice and public hearing shall be as
set forth in sections 62 128 62-19 et seq., including the payment of the necessary fees as
required by the Code.
(g) City commission's public hearing for vacation and closure of rights -of -way or easements.
After public hearing before the planning, zoning and appeals board and a recommendation
by the board for or against the vacation and closure, a public hearing shall be held before
the commission of the city. The procedure for public notice and public hearing shall be as
set forth in sections 62 128 62-19 et seq., including the payment of any necessary fees as
required by the Code.
(i) Public alleys; alternative method for closure and vacation of public alleys abutting
parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family
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residential) and unimproved public alleys in T3 transect zones which abut any more
intense transect zones.
(1) Applicability. For public alleys which lie exclusively, abutting only abut parcels of
land zoned T3-R or T3-L (single-family residential) or T3-O (two-family
residential). Any public alley which has a parcel of land abutting any side which is
zoned with greater intensity than T3 must follow the procedure established in
subsection (a) herein. However, unimproved alleys (alleys which have never
been improved and remain in their natural state) in any T3 transect zone abutting
any more intense transect zone may be vacated by the alternate method stated
in this section. An alley lying between two (2) streets shall not be vacated unless
the entire portion of the alley between such streets is vacated Band closed.
(3)
Procedures
a. Pre- Application meeting. Any property owner making application to vacate e;
and close a publicly dedicated alley must meet with the supervisor of plats, or
designee, and the director of planning and zoning, or designee, prior to
applying for the vacation Band closure. The purpose of the pre -application
meeting is to acquaint the applicant with the procedures for vacating Band
closing an alley and to acquaint the supervisor of plats or designee with the
proposed vacation.
b. Application procedures. After the pre -application meeting, the applicant shall
submit to the supervisor of plats, or designee, a completed publicly dedicated
alley application package. The application package shall consist of the
following:
1. Completed application form;
2. Non-refundable application fee pursuant to Section 2-269
3. Legal description of all parcels of land abutting alley proposed to be
vacated e-F and closed;
4. List of all owners, including addresses, that abut the alley to be
vacated 6; and closed pursuant to the most current Miami -Dade
County Tax Roll and dated no later than ten (10) days prior to
submission of the application;
5. Proof of ownership by the applicant of the property which abuts the
alley to be vacated e•F and closed; and
6. Statement from applicant as to whether the general public currently
uses the alley, including public service vehicles such as trash and
garbage trucks, police, fire or other emergency vehicles during the past
12 months.
c. Review Process.
1. Publication requirement. Notice of the plat and street committee
meeting shall be published with the clerk of the city prior to the plat and
street committee meeting. Notice of the public hearing before the
planning, zoning and appeals board shall be published; one (10) time,
in a newspaper of general circulation in the municipality at least ten
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days prior to the date of the planning, zoning and appeals board
hearing.
(c)2. Notice to other property owners by U.S. Mail and posting at each
entrance/exit way of alley. Notice shall be sent via U.S. Mail, certified
return receipt requested to all property owners that abut the proposed
alley to be vacated of and closed. Additional notice may be required as
specified on the instrument of dedication of the public alley. The city
shall also post notice of the public hearing at each entrance/exit of the
alley.
(e)3. Plat and street committee review. The application shall be
submitted to the plat and street committee 15 days prior to the next
meeting. The plat and street committee shall make a recommendation
to the planning, zoning and appeals board, in writing, of its findings of
fact and whether the plat and street committee recommends to
unconditionally approve, approve with conditions, or deny the
requested vacation and closure. After issuance of the findings of fact
and recommendations by the plat and street committee, the applicant
shall make application for a public hearing with the planning, zoning
and appeals board.
4. Planning, zoning and appeals board authority. The planning, zoning
and appeals board or its successor is designated as the authority to
render decisions pertaining to the closure of and vacation of alleys
pursuant to the provisions of this section.
5_Planning, zoning and appeals board determination. Upon receipt of the
plat and street committee's recommendation, the planning, zoning and
appeals board shall determine whether the requested vacation of and
closure may be granted because it is in the best interest of the public.
Determination of the closure shall be based on whether the alley
provides the public services. The planning, zoning and appeals board
shall then by resolution approve, deny or approve with conditions, the
requested vacation of and closure if such action is determined to be in
the best interest of the public. The planning, zoning and appeals board
shall deny the request if the evidence does not support the vacation of
and closure would be in the best interest of the public and the primary
reason for the closure is to provide a benefit for the applicant or
adjacent property owners. The planning, zoning and appeals board
may attach conditions to an approval including, but not limited to,
access and utility easements reservation, landscaping, and public
access easement.
6. Appeal to the city commission. Decisions of the planning, zoning and
appeals board are to be deemed final unless, within 15 calendar days
of the date of the board decision, a request for review by the city
commission is made in the manner set forth in the zoning ordinance
and City code.
7_Receipt of fees for approved alley closures and vacations. Upon
receipt of notification of alley closure of and vacation approval, the
applicant will submit such fees that are required for the publication of
closure and vacation and recording fees pursuant to section 2-269.
8_Automatic reservation of easement and procedure for release thereof.
The city shall automatically reserve an easement over, across and
under said lands for the installation, maintenance and operation of any
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utility located or to be located in the alleys or portions thereof vacated
of and closed pursuant to this section. If the applicant desires that no
easement be reserved, then as part of the application package referred
to in subsection 55-15(i)(d (3)b, the applicant is to submit release
letters from all utility companies stating that said utility company will
release any interest in an easement for the alley being vacated of and
closed.
9_Zoning of vacated alley. The district use and area regulations
governing the property abutting upon each side of such alley shall be
automatically extended to the reversionary line of the alley included
within the vacation of and closure, unless otherwise specified.
10. Recording of instrument in the public record. The proof of publication of
notice of public hearing and the resolution as adopted, shall be
recorded in the deed public records of Miami -Dade County, Florida.
11. Authorization for city manager to correct any typographical and/or non -
substantial errors. In the instance when a certified opinion of title is
received and reviewed by the city attorney demonstrating that a
typographical and/or non -substantial error has occurred in the legal
description of an alley or abutting parcels of land that was closed
pursuant to this section, the city manager is authorized to execute
documents, in a form acceptable to the city attorney, to correct any
defects in the instrument.
(j) Private alleys; alternative method for closure and vacation of private alleys abutting
parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family
residential) or unimproved private alleys in T3 transect zones which abut any more
intense transect zones.
(1) Applicability. This section applies to the closure of and vacation of any private
alley, which lies exclucivel ab tting only abut parcels of land zoned T3-R or T3-
L (single-family residential) or T3-O (two-family residentiall. Any private alley
which has a parcel of land abutting any side which is zoned with greater intensity
than T3, must follow the procedure established in this section. However,
unimproved alleys (alleys which have never been improved and remain in their
natural state) in any T3 transect zone abutting any more intense transect zone
may be vacated by the alternate method stated in this section, as well. An alley
lying between two streets shall not be closed e-F and vacated unless the entire
portion of the alley between such streets is closed of and vacated.
(3) Procedures.
a. Pre -application meeting. Any person proposing to vacate a
privately dedicated alley must meet with the supervisor of plats, or
designee, and the director of planning and zoning, or designee, prior to
applying for the closure of and vacation. The purpose of the pre -
application meeting is to acquaint the applicant with the procedures for
closing of and vacating an alley and to acquaint the supervisor of plats, or
designee, with the proposed vacation.
b. Application procedures. After the pre -application meeting, the
applicant shall submit to the supervisor of plats, or designee, a completed
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privately dedicated alley application package. The application package
shall consist of the following information:
1. Complete application form; application must be executed by all
property owners which abut the private alley;
2. Receipt of non-refundable application fee pursuant to Section 2-
269
3. Survey of private alley to be closedGF and vacated including all
abutting parcels of land with zoning designations, certified by a
professional surveyor and mapper. Also, the survey must include
the legal description and acreage of alley proposed to be closed
er and vacated;
4. Proof of ownership from all the property owners that about abut
the private alley to be closed of and vacated;
5. Releases from all utility companies and statement from applicant
as to whether the general public currently uses the alley, including
public service vehicles such as trash and garbage trucks, police,
fire or other emergency vehicles during the past twelve (12)
months.
c. Review Process.
1. Publication requirement. Notice of the plat and street committee
meeting shall be published with the clerk of the city prior to the
plat and street committee meeting.
2. Plat and street committee review. The application shall be
submitted to the plat and street committee fifteen (15) days prior
to the next meeting. The plat and street committee shall make a
recommendation to the planning, zoning and appeals board, in
writing, of its findings of fact and whether the plat and street
committee recommends to the planning, zoning and appeals
board that the city does or does not have any interest in the
private alley. After issuance of the findings of fact and
recommendations by the plat and street committee, the applicant
shall make application to the department of hearings boards
section, for a public hearing by the city planning, zoning and
appeals board for the vacation e# and closure.
3. Planning, zoning and appeals board authority. The planning,
zoning and appeals board or its successor is designated as the
authority to render decisions pertaining to the closure eF and
vacation of alleys pursuant to the provisions of this section.
4. Planning, zoning and appeals board determination. Upon receipt
of the plat and street committee's recommendation, the planning,
zoning and appeals board shall determine whether the city has
any interest in the closure of the platted private alley and that
whether it is in the interest of the public good to consent to the
closure of and vacation of the private alley. The planning, zoning
and appeals board shall by resolution consent, consent with
conditions or object to the requested closureer and vacation. The
condition of the approval of the closure eF and vacation may be in
the form of a reservation of easement.
5. Appeals to the city commission. Decisions of the planning, zoning
and appeals board are to be deemed final unless, within fifteen
(15) calendar days of the date of the board decision, a request for
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review by the city commission is made in the manner set forth in
the zoning ordinancc code and City Code.
6. Final resolution. The final resolution shall be provided to the
applicants for proper recordation in the public records of Miami -
Dade County, Florida.
7. Zoning of vacated alley. The district use and area regulations
governing the property abutting upon each side of such alley shall
be automatically extended to the reversionary line of the area
included within the closure of and vacation, unless otherwise
specified.
(k) Waiver of fees. The city manager may waive the vacation and alley closure fee required
pursuant to subsection 62 156(6) 62-22(a)(11) in instances where the subdivider, by
plat, is dedicating for public use, right of way that is equal to or greater in size than that
which is being vacated.
Sec. 55-16. Consideration of easements and alleys when alleged to be abandoned as a matter
of law.
(a) General application and requirements to deem an easement or alley as abandoned. An
easement or alley may be deemed abandoned as a matter of law, following a
recommendation by the Plat and Street Committee, if properly approved by the City
Commission, and if the expiration of the easement is not properly addressed in the
Easement Instruments. In determining if an easement or alley is abandoned, the
following shall be considered:
(1) The Departments of the City, or other governmental agencies who have permitting
authority, have not issued any permits for utilities, communications, or similar uses
within the easement or alley area in the last thirty (30) years.
(2) The general public has not used the easement or alley for a public purpose for an
associated or incidental purpose in the last thirty (30) years. The thirty (30) years
shall be substantiated by documentation including, without limitation, affidavits based
on personal knowledge, photographic evidence, tax cards and other evidence such
as surveys attesting that there has been no use by the public.
(3) There are no records or documents that require the easement or alley to be opened
for access or use by the general public, or that require denial of any private use
within the easement.
(4) The City, or other governmental agencies who have permitting authority, have issued
building permits allowing construction on or within the easement or alley.
(5) All written evidence submitted by the property owner to the Public Works Department
indicates that any public service or public purpose use of the easement or alley has
been abandoned by the City or the general public, as applicable.
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(6) The City has, at all relevant times in the past thirty (30) years, collected Ad Valorem
Taxes and similar assessments, levies or impositions on the lots inclusive of the
portion of the lots where the easement or alley is located.
(7) Written evidence demonstrating that the intention of the parties was to abandon the
easement or alley.
(8) Such other factors as are recognized by the laws of the State of Florida to deem an
easement or alley abandoned under the general laws of this State.
(9) This section is supplemental to any other remedies provided by the laws of the State
of Florida such as judicial declaration that an easement or alley is abandoned or a
quiet title action.
(b) Additional documentation. The property owner may have additional documents to
support his or her allegation that the easement or alley has been abandoned and
recognized as vacated. These documents must be promptly submitted to the Public
Works Department. The property owner will bear the burden to produce any additional
documents at the request of the Public Works Department. The Public Works
Department will only schedule hearings once the application is complete. The Public
Works Department may establish required documents for such application and it shall
only be processed when such documents are submitted.
(c) Receipt of fees. Any application made under this Section must be accompanied by a
non-refundable fee of three hundred and seventy ($370.00) dollars. The property owner
making this application shall additionally pay any recording and copying fees as
established by the State, County, or City.
(d) City Commission's public hearing for deeming an easement or alley abandoned as a
matter of law. Once the required criteria have been met, a public hearing shall be held
before the City Commission. The procedure for public notice and public hearing shall be
as is followed by the Department of Works for their public hearing agenda items.
(e) Determination by the City Commission. If the City Commission determines that
abandonment interferes with a public interest, the easements or alleys shall not be
considered abandoned and the request shall be denied. If the City Commission
approves the request by passage of a resolution, the property owner may record a
certified copy of this resolution.
*„
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Section 4. If any section, part of a section, paragraph, clause, phrase or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {2}
..Footnote
{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.
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