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Home My WebLink AboutAgenda tem Cover PageAGENDA ITEM COVER PAGE File ID: #18110 Ordinance Sponsored by: Ralph Rosado, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-42 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS / CONSTRUCTION, EXCAVATION, AND REPAIR / PERMIT REQUIRED FOR DISTURBING, CUTTING INTO, DIGGING UP, DRILLING, BORING UNDER, OR EXCAVATING ANY PUBLIC STREET, SWALE, OR SIDEWALK; COST OF RESTORATION; OBSTRUCTION OF RIGHT-OF-WAY," TO PROVIDE FOR RIGHT-OF-WAY RESTORATION REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 18110 (Revision:) Printed On: 3/24/2026 City of Miami Legislation Ordinance File Number: 18110 Final Action Date: 3/12/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-42 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS / CONSTRUCTION, EXCAVATION, AND REPAIR / PERMIT REQUIRED FOR DISTURBING, CUTTING INTO, DIGGING UP, DRILLING, BORING UNDER, OR EXCAVATING ANY PUBLIC STREET, SWALE, OR SIDEWALK; COST OF RESTORATION; OBSTRUCTION OF RIGHT-OF-WAY," TO PROVIDE FOR RIGHT-OF-WAY RESTORATION REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 2, Article IV, Division 4 of the Code of the City of Miami, Florida, as amended ("City Code"), authorizes the Director of Resilience and Public Works to promulgate rules and regulations establishing minimum standards for the improvement, repair and location of all public works, whether on, above or below the surface of the land; and WHEREAS, the City of Miami ("City") is seeking to minimize the disruption while promoting the aesthetics of roadways by standardizing the requirements necessary for the restoration of the right-of-way; and WHEREAS, it is in the best interest of the City and the community to allow for these standardized requirements; 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 II. CONSTRUCTION EXCAVATION, AND REPAIR Sec. 54-42. Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of right-of-way. 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: 18110 (Revision:) Printed On: 3/24/2026 (a) Permit required. Except as provided in subsection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or excavate any public street, swale, 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 the department 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 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 non -revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive 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 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. 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 the department of resilience and public works. A request for multiple water and sewer installations shall be submitted to the director of the department 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). (i) Restoration requirements. All construction work in rights -of -way shall conform to the requirement specified herein. Wherever a curb removal or installation, utility or drainage installation or removal, or other construction that disturbs existing pavement, that City of Miami File ID: 18110 (Revision:) Printed On: 3/24/2026 pavement so impacted shall be restored by minimum 1.5 inch milling and resurfacing a full road width covering the disturbed area (from one outside edge of pavement to the other outside edge of pavement for the entire road segment) by a length from the edge of the disturbed pavement that is no fewer than 50 feet in each direction or to the edge of the nearest intersection, whichever is closer. Where work occurs in an intersection, the entire intersection shall be repaved. This subsection shall not apply to properties that receive a homestead exemption pursuant to Article VII, Section 6(a) of the Florida Constitution. *„ 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: 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: 18110 (Revision:) Printed On: 3/24/2026