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Home My WebLink AboutLegislation SR (V2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00091 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", TO ESTABLISH CERTAIN FEES RELATED TO THE LOCATION OF CONSTRUCTION EQUIPMENT AND STORAGE OF MATERIALS AND SUPPLIES WITHINATEMPORARY OBSTRUCTION OR CLOSURE OF A STREET OR SIDEWALK, AND TO INCLUDE A PROCEDURE AND FEE TO PERMIT CONSTRUCTION FENCE SCREENS OR CONSTRUCTION WINDSCREENS CONTAINING CERTAIN ONSITE ADVERTISING ON TEMPORARY CONSTRUCTION FENCES LOCATED IN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the City of Miami ("City") and its inhabitants to amend the Code of the City of Miami, Florida, as amended ("City Code"), to increase certain fees related to the temporary obstruction or closure of a street or sidewalk, and to include a procedure and fee to permit construction fence screens or construction windscreens containing certain advertising on temporary construction fences located in the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 54/Article I of the City Code, entitled "Streets and Sidewalks/In General," is amended in the following particulars: {1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk, or impedes traffic; fees; waiver of fees. City of Miami Page 1 of 4 File Id: 15-00091 (Version: 2) Printed On: 5/5/2015 File Number: 15-00091 (d) Temporary obstruction of streets and sidewalks. * (2) The permit holder shall not locate a temporary office, trailer, portable toilets, equipment or storage of materials and supplies within the temporary obstructed right-of-way. Such temporary office, trailer, portable toilets, equipment or storage of materials and supplies may be allowed by the public works department subject to a separate fee Section 54-3(e)(4) in addition to the fee for a permit for the partial or full obstruction or closure listed in Section 54-3(e)(3) if no suitable alternative exists. A violation of this section shall result in a fine of $262.50 per day for each violation. (5) For purposes of this section, the following definitions shall apply: Construction Fence Screen is a light, flexible fabric bearing printed text and pictures to give information and with edge grommets to facilitate attachment to a rigid frame. Construction Windscreen is a visual/dust barrier composed of a flexible, woven fabric with edge grommets to facilitate attachment to a rigid frame. Temporary Construction Fence is used when contracting or planning to construct improvements on the premises and which facilitates temporary security and surety for the premises. (6) Subject to compliance by the permit holder with applicable provisions of the Sign Codes of Miami -Dade County and the City of Miami, the permit holder may affix a Construction Fence Screen or Construction Windscreen containing onsite advertising to the temporary construction fence abutting or located in the public right-of-way subject to an additional fee listed in Section 54-3(e)(5). The dimensions of the Construction Fence Screen or Construction Windscreen shall not exceed the dimensions of the temporary construction fence, and shall comply with Section 33-99 of the Miami -Dade County Code. The content of the onsite advertising shall be limited to pictorial and text information advertising the sale or rental of the premises, construction actually being done on the premises, or future construction to be done on the premises on which the onsite advertising is located. For purposes of this Section, such advertising described in the preceding sentence shall only be onsite advertising. No advertising is allowed for goods, off -site products or services, alcoholic beverages, tobacco products or adult entertainment as defined by the City zoning code. Nothing in this Section shall be interpreted to permit a sign where the sign copy does not pertain to the use of the property, units sold, or the sale or lease of the property on which sign is displayed and which does not identify the place of business as purveyor of the units advertised on the sign. City of Miami Page 2 of 4 File Id: 15-00091 (Version: 2) Printed On: 5/5/2015 File Number: 15-00091 (e) Fees. (4) A non-refundable fee for a temporary office, trailer, portable toilets, equipment or storage of materials or supplies within the partial or full obstruction area shall be as follows. a. $0.10 per linear foot per day of sidewalk/curb/swale usage. b. $0.15 per linear foot per day of parking lane usage. c. $0.20 per linear foot per day of lane closure or partial lane closure usage. The fees shall accompany each permit application to the department of public works for the use of the public right-of-way. (5) A non-refundable fee of $0.06 per square foot per day of Construction Fence Screen or Construction Windscreen containing advertising affixed to temporary construction fence located abutting the public right-of-way or in the public right-of-way. The fee shall accompany each permit application. (-4)(6) All fees collected by the public works department in accordance with subsection (e)(3), (e)(4) and (e)(5) shall be deposited in a rollover account to be known as the lane closure fund. This account shall be used for the inspection of lane closures, advertising Construction Fence Screens and Construction Windscreens, and maintenance of the public right-of-way. (5)(7) Waiver of fees. The fees described in subsection (e)(3), (e)(4) and (e)(5) shall not apply to the city or any other federal, state, county, city, school district entity, or for construction, excavation, and repair within the public right-of-way. The fees described in subsection (e)(1) and, (e)(3), (e)(4) and (e)(5) herein above may be waived or reduced by the city commission if the commission determines that such a waiver or reduction is in the city's best interest. (6)(8)After the fact permit fee: For any public street or alley closure described in section 54-3, performed without the required permits and inspection, quadruple the application and inspection fee described in subsection (e)(1) and (2) herein. * * * Sec. 54-8.Using street or sidewalk for display purposes, exceptions; permit and fee. It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as provided above. * (c) Construction Fence Screens or Construction Windscreens containing onsite advertising may be affixed to a permitted temporary construction fence located in the right-of-way or abutting the City of Miami Page 3 of 4 File Id: 15-00091 (Version: 2) Printed On: 5/5/2015 File Number: 15-00091 right-of-way pursuant to the regulations and fees in Section 54-3. Section 3. If any section, part of section, paragraph, clause, phrase, or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} APPROVEpA'O FORM AND CORRECTNESS: VICTORIA ME DEZ,, CITY ATTORNEY"' Footnotes: {1 } Words and /or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 15-00091 (Version: 2) Printed On: 5/5/2015