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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #17578 Ordinance Sponsored by: Christine King, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," TO PROVIDE FOR WAIVER OF PERMIT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING PROJECTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 17578 (Revision:) Printed On: 8/22/2025 City of Miami Legislation Ordinance Enactment Number: 14370 File Number: 17578 Final Action Date: 6/17/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," TO PROVIDE FOR WAIVER OF PERMIT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING PROJECTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, due to the local affordable housing crisis, the City of Miami ("City") has established various programs to facilitate the development of affordable housing and the ultimate purchase by the residents of the City such as the Infill First Time Homebuyer Expanded program ("Program"), which promotes the creation of new single-family homes on City owned property; and WHEREAS, Chapter 54-3 of the Code of the City of Miami, Florida, as amended ("City Code") currently requires a permit with an associated fee 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, Chapter 54-17 of the City Code allows for the Director of Resilience and Public Works to consider the waiver of fees "for entities and agencies of the City of Miami;" and WHEREAS, in an effort to continue to incentivize the development of affordable single- family homes it is in the best interest of the City and the community to allow for the waiver of the permit fees associated with right-of-way closures; 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 54 of the City Code is amended in the following particulars:1 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. - IN GENERAL 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: 17578 (Revision:) Printed On: 8/22/2025 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 any work in the public right-of-way (any work including, but not limited to, digging, drilling, repaving, installing or maintaining utilities, 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 department of resilience and public works, the off-street parking department, and the risk management department;. the After approval by the departments of police, resilience and public works, off-street parking, and risk management, neighborhood enhancement team and the transit and mobility division, 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 non -revenue generating 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, or due to performing un-permitted work in the public right-of-way. 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 and/or receive 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. * (e) Fees. (9) Waiver of fees. The fees described in subsection /e)(4) /e)(5) and (e)(6) magi not entity, or while construction, excavation, and repair work is being actively performed within the public right of way. The fees described in subsection (e)(1), / 3) / 4) / 5) and \ h ein above magi be aived or reds ced h the city t ETC ETC �� e�� v"v'crvca�rrcaucca��rr�. crcy commission if the commission determines that such a waiver or reduction is in the city's best interest. a. The fees described in subsection (e)(4), (e)(5), and (e)(6) may not apply to the City or any other non -revenue generating government or school district entity, or while construction, excavation, and repair work is being actively performed within the public right-of-way. City of Miami File ID: 17578 (Revision:) Printed On: 8/22/2025 b. The fees described in subsection (e)(1), (e)(2) and (e)(3) may not apply to single-family affordable housing projects developed on City owned property. Waiver of fees does not apply to an after -the -fact permit. c. The fees described in subsection (e)(1), (e)(3), (e)(4), (e)(5), and (e)(6) herein above may be waived or reduced by the City Commission if the City Commission determines that such a waiver or reduction is in the City's best interest. * *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision 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: g III, C y`�ttory�ey / 4/29/2025 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: 17578 (Revision:) Printed On: 8/22/2025