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Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1555
TO BE WITHDRAWN
SPONSOR(S): Commissioner Francis Suarez
Final Action Date: 2/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE
X/SECTION 2-829 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL
PENALTIES" TO ADD SECTION 54-43 TO THE LISTING OF CITY CODE SECTIONS
SUBJECT TO CODE ENFORCEMENT PROCEDURES INCLUDED IN SECTION 2-829 OF
THE CITY CODE, ENTITLED "SCHEDULE OF CIVIL PENALTIES"; FURTHER AMENDING
CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE, ENTITLED "STREETS AND
SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/PERMIT FEE FOR STREET
EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF PARKWAY OR
SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION
SURVEY, DRIVEWAY CONSTRUCTION, FLUME EXCAVATION, UTILITY PLACEMENT;
UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER
MONITORING WELLS; PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND
REINSPECTION FEES; WAIVER OF FEES," TO PROVIDE AN APPEAL PROCEDURE TO
REQUEST REDUCTION OF THE AFTER -THE -FACT PERMIT QUADRUPLE FEE;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2-829 of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "Schedule of civil penalties" lists the "sections of City Ordinances or the City
Code, as they may be amended, from time to time, which may be enforced pursuant to the
provisions of this article; and prescribes the dollar amount of civil penalty for the violation of
these sections"; and
WHEREAS, Section 2-829 of the City Code authorizes civil penalties for public works
related activities pursuant to Sections 54-41, 54-42, 54-44, 54-47, and 54-48 of the City Code
and as set forth in Section 2-29 of the City Code; and
WHEREAS, activities emanating from Section 54-43 of the City Code, entitled "Permit
fee for street excavation, sidewalk repair, paving or resurfacing" should be included in the "Lists
of Civil Penalties" set forth in Section 2-829 of the City Code; and
WHEREAS, Section 54-43 of the City Code fixes fees lawfully "charged by the public
works department for street excavation, sidewalk repair, paving or resurfacing of parkway or
shoulder area, building line and grade survey, sidewalk construction, driveway construction,
flume excavation, utility placement, underground utility service connection excavation,
groundwater monitoring wells, permit renewal, after -the -fact permit and reinspection within the
City"; and,
WHEREAS, the City and/or applicants for required permits pursuant to Section 54-43 of
the City Code will, after adoption of this amendment, can utilize all Code Enforcement
City of Miami Page 1 of 6 File ID: 1555 (Revision: A) Printed On: 1/16/2025
File ID: 1555 Enactment Number:
Procedures provided by the City Code, including, without limitation, mitigation hearings and
other hearings, relative to alleged violations of and fines imposed pursuant to that Section;
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 if fully set forth in this Section.
Section 2. Chapter 2/Article X of the City Code is amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-829. Schedule of civil penalties.
(a) The table contained herein in subsection (b) lists the sections of city ordinances or
the city Code, as they may be amended, from time to time, which may be enforced pursuant
to the provisions of this article; and prescribes the dollar amount of civil penalty for the
violation of these sections. For all contested tickets, an additional ten percent will be
charged.
(b) The "descriptions of violations" below are for informational purposes only and the
civil penalties attached are meant only as proposed figures not intended to limit the nature,
number of or amount of fines to be imposed for the violations which may be cited in this
section. To determine the exact nature of the activity prescribed or required by this Code,
the relevant Code section, ordinance, or treatise cited in the specific violation must be
examined.
Code Section
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Descriation of Violation
Civil Penalt
54-3
Failure to comply with conditions set forth by such permit, each
violation.
$262.50
54-8
Unlawful use of street or sidewalk for advertising or display purposes.
262.50
54-8
Failure to obtain permit for lawful advertising or display in the public
right-of-way.
262.50
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.
City of Miami
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File ID: 1555
Enactment Number:
54-9
Placing signs on street or sidewalk surface.
262.50
54-12
Placing glass or other injurious substances on streets.
52.50
54-14
Failure to remove utility facilities to permit improvement of streets.
52.50
54-41
Failure to notify public works 24 hours prior to commencing
construction.
52.50
54-42
Disturbing, cutting, digging, or excavating any portion of the public right-
of -way without a permit.
210.00
54-43
Permit fee for street excavation, sidewalk repair, paving or resurfacing,
As specified
for each
category in
Section 54-
43., A fee
etc. The after -the -fact quadruple permit fee will be subject to Code
for each
Enforcement Review. If any work described in Subsections (a)(1) through
category
(11) of Section 54-43 of the City Code herein is performed without proper
separately
permits and inspections, the above fees will be quadrupled.
applies to
the work
being done,
as
applicable.
54-44
Failure to construct sidewalk with standard material.
52.50
54-47
Failure to obtain approval of location and construction of driveway.
52.50
54-48
Refusing to allow inspection.
105.00
54-48
Failure to comply with stop work order.
210.00
54-51
Failure to obtain proper street grade and lines.
52.50
54-52
Failure to lay sewers, water and gas mains, telephone, and electrical
conduits prior to street improvements.
210.00
54-54
Allowing sidewalks to remain in dangerous condition.
52.50
54-56
Failure to construct, reconstruct, or repair the street improvements.
262.50
54-57
Obstructing streets or sidewalks with trash lumber or other obstructions.
52.50
54-86
Failure to obtain proper permits or authorization for placement of a
bench or a shelter upon public right-of-way.
52.50
54-91
Failure to maintain proper clearances for placement of a bus bench or
shelter.
52.50
54-92
Failure to properly maintain a bench and/or shelter.
52.50
54-93
Failure to comply with bench and/or shelter size requirements.
52.50
54-94
Failure to properly display name/address, and local telephone number
of bench and/or shelter company.
52.50
54-132
Failure to properly affix numbering to building as required.
105.00
54-134
Unlawful placement of any sign designating street, avenue or other
public place by a different name than by which it is generally and legally
known.
52.50
54-135
Defacing or removal of any street signs posted in the city.
52.50
54-193
Unlawful construction or installation of an encroachment within the
dedicated right-of-way or within the undedicated right-of-way.
210.00
54-221
Operating a sidewalk cafe without a permit.
525.00
54-263
Placing, maintaining, or operating newsrack on any public right-of-way
without a permit.
52.50
54-266
Installation, use and/or maintenance of nonconforming newsracks.
52.50
54-268
Allowing a newsrack to remain in a state of abandonment.
52.50
City of Miami
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File ID: 1555
Enactment Number:
54-300
Failure to obtain telecommunications permit agreement.
525.00
54-309
Failure to notify public works department in writing ten days prior to
commencement of construction of a telecommunications system.
52.50
*„
Section 3. Chapter 54/Article I I/Section 54-43 of the City Code, entitled "Streets and
Sidewalks/Construction, Excavation, and Repair/Permit fee for street excavation, sidewalk
repair, paving or resurfacing of parkway or shoulder area, building line and grade survey,
sidewalk construction survey, driveway construction, flume excavation, utility placement;
underground utility service connection excavation, groundwater monitoring wells; permit
renewal; after -the -fact permit, and reinspection fees; waiver of fees, is amended in the following
particulars":1
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR
*
*
*
*
Sec. 54-43. - Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway
or shoulder area, building line and grade survey, sidewalk construction survey, driveway
construction, flume excavation, utility placement; underground utility service connection
excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and
reinspection fees; waiver of fees.
(a) The permit fees to be charged by the public works department for street excavation,
sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade
survey, sidewalk construction, driveway construction, flume excavation, utility placement,
underground utility service connection excavation, groundwater monitoring wells, permit
renewal, after -the -fact permit and reinspection within the city are hereby fixed as follows:
(1) Street excavation permit:
a. Non-refundable plan and specification review fee $ 20.00
b. 50 lineal feet or less 290.00
c. Each additional lineal foot 0.35
d. Initial inspection 25.00
e. Dry -run review of plans and specifications, upon request:
1. 50 lineal feet or less of excavation 125.00
2. Each additional lineal foot of excavation 0.25
(2) Sidewalk repair permit:
a. 50 lineal feet or less 58.00
b. Each additional lineal foot 1.15
(3) Sidewalk construction permit:
a. 50 lineal feet or less 115.00
b. Each additional lineal foot 2.30
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(4) Paving or resurfacing of parkway or shoulder area permit:
a. 25 lineal feet or less 115.00
b. Each additional lineal foot 5.75
(5) Building line and grade survey permit:
a. 50 lineal feet or less 287.50
b. Each additional lineal foot 5.75
(6) Driveway construction permit, each driveway 115.00
(7) Flume excavation permit, each excavation 115.00
(8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins,
pedestals, vaults, and auger holes) 115.00
Plus, for each additional, per block (on same permit) 11.50
(9) Underground utility service connection right-of-way excavation permit (each
water, gas, electric, telephone, cable television or sanitary sewer connection from
base building line to the utility located within the public right-of-way) 115.00
(10) Groundwater monitoring wells, each well 60.00
(11) Dewatering:
Six days or less 520.00
7-30 days 635.00
31-90 days 980.00
(12) Permit renewal fee prior to expiration of original permit:
Ninety -day extension of permit fee expiration date 115.00
A new application and permit fees shall be required for expired permits
(13) a. After -the -fact permit fee. For any work described in subsections (a)(1)
through (11) herein, performed without proper permits and inspections, quadruple
the above fees.
b. The Person who has commenced work without the required permits must
pay the after the fact quadruple permit fee. Only the quadruple permit fee may be
appealed to reduce the amount. The underlying permit fee(s) are prescribed by the
City Code and cannot be appealed. If the Person who has paid the quadruple
permit fee objects to the quadruple permit fee as causing a bona fide financial
hardship, or otherwise as being excessive under the specified set of facts involved
in their circumstance in being assessed the after the fact quadruple permit fee, they
may request a hearing before a special master by requesting a written appeal that
must be received by the Office of Hearing Boards within ten (10) days of receiving
the quadruple permit fee amount, unless the Person has already been adjudicated
guilty as a Violator committing the offense of work without a permit (or a related
violation) via the Code Enforcement Board or special master, in which case no
such appeal under this Section may be filed.
c. The appeal is considered filed when received by the Office of Hearing
Boards.
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Neither the required underlying permits nor the permit fees for the required
underlying permits may be appealed. Only the quadruple permit fee amount may
be appealed. The appeal shall state with particularity the facts and law upon which
the appeal of the quadruple permit fee amount is based, and shall include all
pertinent documents and evidence. This shall form the basis for review of the
appeal of the quadruple permit fee amount and no facts, grounds, documentation,
or evidence not contained in the submission to the Office of Hearing Boards at the
time of filing the appeal shall be permitted in the consideration of the appeal. Any
such appeal not timely filed shall not be considered and be deemed waived.
d. No time will be added to the above limits for service by mail, fax, or
electronic mail. In computing any period prescribed or allowed by this Section, the
day of the act, event, or default from which the designated period begins to run
shall not be included. The last day of the period so computed shall be included
unless it is a Saturday, Sunday or legal holiday in which event the period shall run
until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
Intermediate Saturdays, Sundays, and legal holidays shall be excluded in the
computation of the time for filing.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
end ety Attor ey 1/3/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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