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HomeMy WebLinkAboutO-13884City of Miami Ordinance 13884 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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. SPONSOR(S): Commissioner Manolo Reyes 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 Page 1 of 4 File ID: 6820 (Revision: A) Printed On: 4/28/2025 File ID: 6820 Enactment Number: 13884 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. 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 Page 2 of 4 File ID: 6820 (Revision: A) Printed on: 4/28/2025 File ID: 6820 Enactment Number: 13884 ARTICLE II. CONSTRUCTION, EXCAVACTIONS, AND REPAIR * * * 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 City of Miami Page 3 of 4 File ID: 6820 (Revision: A) Printed on: 4/28/2025 File ID: 6820 Enactment Number: 13884 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 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: ndez, City Attor ey 11/12/2019 nd- ez, City 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 Page 4 of 4 File ID: 6820 (Revision: A) Printed on: 4/28/2025