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File ID: #6820
Ordinance
First Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS
AND SIDEWALKS;" MORE PARTICULARLY BY AMENDING ARTICLE I, SECTION
54-3, TITLED "IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS
OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF
FEES," AND ARTICLE II, SECTION 54-41, TITLED "CONSTRUCTION, EXCAVATION,
AND REPAIR/EXCAVATIONS," TO PROHIBIT PERMITS FOR RIGHT-OF-WAY
CLOSURES AND OBSTRUCTIONS AND EXCAVATION FOR APPLICANTS OR
THEIR CONTRACTORS OR AGENTS THAT HAVE OUTSTANDING FINES, DEBTS,
OR DELINQUENCIES RELATED TO PREVIOUS WORK IN PUBLIC RIGHTS -OF -
WAY; PROVIDING FOR NOTIFICATION TO APPLICANTS FOR DENIALS OF
PERMITS DUE TO OUTSTANDING FINES, DEBTS, OR DELINQUENCIES OWED BY
THEIR SUBCONTRACTORS OR AGENTS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 6820 (Revision: A) Printed On: 4/28/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13884
File Number: 6820 Final Action Date: 12/12/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS
AND SIDEWALKS;" MORE PARTICULARLY BY AMENDING ARTICLE I, SECTION
54-3, TITLED "IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS
OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF
FEES," AND ARTICLE II, SECTION 54-41, TITLED "CONSTRUCTION, EXCAVATION,
AND REPAIR/EXCAVATIONS," TO PROHIBIT PERMITS FOR RIGHT-OF-WAY
CLOSURES AND OBSTRUCTIONS AND EXCAVATION FOR APPLICANTS OR
THEIR CONTRACTORS OR AGENTS THAT HAVE OUTSTANDING FINES, DEBTS,
OR DELINQUENCIES RELATED TO PREVIOUS WORK IN PUBLIC RIGHTS -OF -
WAY; PROVIDING FOR NOTIFICATION TO APPLICANTS FOR DENIALS OF
PERMITS DUE TO OUTSTANDING FINES, DEBTS, OR DELINQUENCIES OWED BY
THEIR SUBCONTRACTORS OR AGENTS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 54-41 of the Code of the City of Miami, Florida, as amended ("City
Code"), currently requires a permit for anyone who "desires to disturb, cut into, dig up or
excavate any public street or sidewalk"; and
WHEREAS, Section 54-3 of the City Code currently requires a permit when certain work
"obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part
of the public right-of-way"; and
WHEREAS, those persons desiring to perform such work or close such rights -of -way
and/or their contractors or agents may have outstanding fines, debts, or delinquencies related to
previous work in public rights -of -way; and
WHEREAS, the City Commission wishes to ensure that those persons, or their
subcontractors and agents, that have outstanding fines, debts, or delinquencies related to such
previous work remit the same to the City of Miami prior to obtaining permits for new work in
order to ensure compliance with the regulations set forth by the Department of Resilience and
Public Works and Chapter 54 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami File ID: 6820 (Revision: A) Printed On: 4/28/2025
Section 2. The City Code is further amended by amending Chapter 54 in the following
particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-3. Permit required for work that obstructs or closes a street, 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 resilience and public
works department, the off-street parking department, the risk management department,
the neighborhood enhancement team department, and the transportation office. After
approval by the departments of police, resilience and public works, off-street parking,
risk management, neighborhood enhancement team and 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 all persons must comply with all application
and permitting requirements of the city. Failure of any person(s) to fully disclose
his/her/their interest/participation/representation in the permit application and/or to fulfill
all city requirements for issuance of the permit shall result in (1) 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 (2) issuance by
the city of a written notice that such permit will not be granted, as the case may be, due
to violation of this provision by the person(s) who applied for such permit. The city shall
have the right to take all legal measures and seek all available remedies to enforce this
disclosure provision. Except for applications for permits by government entities, no
person(s) or those performing the work on behalf of any other person(s) may apply for a
permit if the person(s) or those performing the work on their behalf currently owe
outstanding fines, debts, or delinquencies to the City related to prior permits issued by
the Department of Resilience and Public Works. If such outstanding fines, debts, or
delinquencies are owed by those performing the work on behalf of another, then the
denial of the ability to apply for a permit shall be accompanied by a notice, mailed to the
person(s) applying for the permit, notifying them of the outstanding fines owed by those
attempting to perform the work on their behalf and stating the amounts owed.
ARTICLE II. CONSTRUCTION, EXCAVACTIONS, AND REPAIR
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 File ID: 6820 (Revision: A) Printed On: 4/28/2025
Sec. 54-42. Excavations.
(a) Permit required. Except as provided in subsection (b) when any person desires to
disturb, cut into, dig up or excavate any public street or sidewalk, whether the same is
paved or unpaved, or to cause the same to be done, application shall be made to the
director of resilience and public works for permission therefore. No person shall apply for
a permit to perform or conduct work in the public right-of-way without disclosing in writing
on the permit application form the person(s) on whose behalf such work in the public
right-of-way is being performed or conducted. If such work is being performed by one (1)
or more person(s) on behalf of any other person(s) for using, constructing, excavating,
maintaining, owning or operating any type or manner of system, equipment, or device
within the public right-of-way, then both/all persons must comply with all application and
permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their
interest/participation/representation in the permit application or to fulfill all city
requirements for issuance of the permit shall result in (1) an immediate revocation by the
city of any excavation permit previously granted resulting in such permit becoming null
and void (without the necessity of any further action, hearing or proceeding), or (2)
issuance by the city of a written notice that such permit will not be granted, as the case
may be, due to violation of this provision by the person(s) who applied for such permit.
The city shall have the right to take all legal measures and seek all available remedies to
enforce this disclosure provision. Except for applications for permits by government
entities, no person(s) or those performing the work on behalf of any other person(s) may
apply for a permit if the person(s) or those performing the work on their behalf currently
owe outstanding fines, debts, or delinquencies to the City related to prior permits issued
by the Department of Resilience and Public Works. If such outstanding fines, debts, or
delinquencies are owed by those performing the work on behalf of another, then the
denial of the ability to apply for a permit shall be accompanied by a notice, mailed to the
person(s) applying for the permit, notifying them of the outstanding fines owed by those
attempting to perform the work on their behalf and stating the amounts owed. Such
permit shall set forth minimal reasonable conditions, as permitted by law, necessary for
the protection of property and personal safety, the restoration of the public right-of-way
to a condition satisfactory to the city, and any on -going maintenance or reparations for
un-repaired conditions or damages that may be required of the person(s) under the
circumstances and extent of the work to be performed or conducted by such person(s)
under such permit. Any violation of the conditions set forth or any violations under
applicable law shall render such permit automatically null and void, without the necessity
of any further action or proceeding. Such permit shall cover the length of time necessary
and reasonable according to the type of activity involved. Additionally, unless otherwise
provided by general law, any continuing use of the public right-of-way by any such
person(s) shall require such person(s) to also enter into a continuing maintenance and
restoration agreement, registration, or a franchise agreement, as applicable by Florida
Statutes or the City Code, with the city, and to provide such continuing insurance and
such continuing surety that may be required by the agreement or registration relating to
such continuing maintenance and potential restoration. A permit application form will not
be required to be submitted for multiple sanitary sewer laterals, water service laterals or
water meters installed by the Miami -Dade Water and Sewer Department, if such multiple
installations are combined into a single written request for permit to the director of
resilience and public works. A request for multiple water and sewer installations shall be
submitted to the director of resilience and public works prior to construction work and
City of Miami File ID: 6820 (Revision: A) Printed On: 4/28/2025
shall not require submittal of a surety for restoring the street or sidewalk as described in
subsection (c).
*11
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 immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
11/12/2019 ria i " r z, Ciky Attor
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 6820 (Revision: A) Printed On: 4/28/2025