Ordinance 84-2431 ORDINANCE NO. 84-2431
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 39 , ARTICLE II , OF
THE MIAMI BEACH CITY CODE; AMENDING §39-10 TO
PROVIDE THAT PERMIT FEES WILL BE COLLECTED
FOR EXCAVATIONS; AMENDING §39-11 BY
PRESCRIBING A PERMIT FEE OF ONE (1%) PER CENT
OF THE CONSTRUCTION COST OF THE EXCAVATION
WORK AND PROVIDING FOR A DEFINITION OF
CONSTRUCTION COST; ADDING A NEW SECTION 39-
11.1 PROVIDING FOR A WAIVER OF THE PERMIT FEE
IF THE EXCAVATION IS TO BE PERFORMED BY A
GOVERNMENTAL AGENCY OR SPECIFIED FRANCHISEE;
ADDING A NEW SECTION 39-11. 2 TO PROVIDE FOR A
REFUND OF THE DEPOSIT AND THE PERMIT FEE WHEN
THE EXCAVATION WORK IS CANCELLED; AMENDING
§39-13 TO PROVIDE THAT THE CITY ENGINEER
SHALL STIPULATE THE TIME OF COMPLETION FOR
THE WORK UPON THE PERMIT AND TO PROVIDE FOR
AN EXTENSION OF THE PERMIT OR THE ISSUANCE OF
A NEW PERMIT IN CERTAIN INSTANCES; AMENDING
§39-14 TO CHANGE THE , NAME OF THE CITY COUNCIL
TO THE CITY COMMISSION; AMENDING §39-15 TO
PROVIDE FOR ADDITIONAL PROTECTIVE DEVICES FOR
EXCAVATIONS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1.
That CHAPTER 39, Article II , §39-10 be and the same is hereby
amended to read as follows:
Sec. 39-10. Permit - Required.
It shall be unlawful for any person, firm, or
corporation to dig up, disturb or make any
excavation in any street or sidewalk within
the city whether the same is paved or not, for
the purpose of making any connection with
sewer , water or gas mains or pipe, the placing
of cables, wires or any other thing under
ground, for the placing of poles or posts in
the street or sidewalk, or for any other
purpose whatever , unless a permit shall first
be obtained from the city engineer permitting
such digging up, disturbance or excavation to
be done. The permit applicant shall pay the
permit fee provided for in this article at the
time of applying for the permit, provided,
however , that any entity granted a franchise
by the city will pay the permit fee within
thirty (30) days of being billed by the city.
SECTION 2 .
That Chapter 39, Article II , §39-11 be and the same is hereby
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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amended to read as follows :
Sec. 39-11. Same - Application; amount of
deposit; use of deposit to replace surface;
permit fee.
The city engineer is hereby authorized to
grant a permit to any person , firm or
corporation to dig up, disturb or make an
excavation in any street , parks, parkways ,
alleys, easements, other public way, or
sidewalk within the city upon application made
in writing , stating adequately when and where
such digging up, disturbing or excavating is
to be made, the depth, width and length of
such proposed excavation, the purpose for
which the same is to be made and for what
period of time it is necessary to keep such
excavation open. Such application shall be
accompanied by a deposit in an amount
established by the city engineer based on his
estimate of the cost of repairing and
replacing the excavation.
It shall be agreed that the city may use all
or such part of such deposit as may be
necessary in repairing or replacing the street
, park , parkway, alley, easement, other public
way or sidewalk in as good condition as it was
before the making of such excavation or
disturbance; provided, that the person , firm
or corporation obtaining the permit shall not
have within ten days after the period during
which such excavation is to remain open,
replaced and repaired such street or sidewalk
and put the same in as good condition as it
was before being disturbed, to the
satisfaction of the city engineer .
In order to secure a permit from the city
engineer to do work on or to make excavations
in the sidewalks, streets, parks, parkways,
alleys, easements or other public ways within
the city, the applicant shall pay a permit fee
of one (1%) per cent of the construction cost
of such work or excavation. The term
"construction cost" shall be construed
throughout this article to mean the total cost
or good faith estimated cost of the work or
excavation, including at current market rates
the cost of labor , materials and equipment,
with a reasonable allowance for overhead and
profit. In the event the good faith estimated
cost stated on the permit is exceeded by more
than five (5%) per cent, the city engineer
shall be promptly notified and the permit fee
adjusted accordingly.
SECTION 3 .
That Chapter 39, Article II , is hereby amended by the enactment of
§39-11.1, which provides as follows:
Sec. 39-11.1 - same - waiver.
The city engineer shall waive the permit fee
for all work or excavations performed ,by the
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
United States, the State of Florida, Dade
County, or any agency or instrumentality
thereof , or any entity granted a franchise by
the city whose permit fees are, by the terms
of the franchise, deductible from the payments
required by the franchise, whether this work
is performed by employees of the agency,
franchisee, or by a private firm, person or
corporation under contract with the govern-
mental agency or franchisee. However , such
franchisee, governmental agency or private
firm, person or corporation under contract
therewith shall not be relieved of the
responsibility for obtaining a permit for work
or excavations subject to this article and
shall otherwise comply with the provisions of
this article.
SECTION 4 .
That Chapter 39, Article II , is hereby amended by the enactment of
§39-11. 2 , which provides as follows:
Sec. 39-11.2 - same _ Refunds.
If any person, firm or corporation to whom a
permit has been issued decides to cancel the
work for which a permit fee has been collected
by the city engineer , the person, firm or
corporation shall be entitled to a refund as
provided herein.
Refunds for permit fees previously collected
shall be made by the finance department, but
must be requested prior to the beginning of
any work and no later than the date on which
the permit expires, provided , however , that
the City shall deduct from the refund and
retain ten ($10 . 00) dollars to defray
processing and administrative costs.
SECTION 5 .
That Chapter 39, Article II , Section 39-13 is hearby amended to
read as follows:
Sec. 39-13 - Excavations or work remaining
epen tenger than ten days ;time of completion.
Ne peemlt shall he gfanted to keep open any
exeavatlen lengef than ten days, unless a
lengee peeled of time is gfanteel by the elty
eeunell by feselut}en- The time allotted to
complete the work, including the closure of
excavations and restoration of the surface,
shall be limited to the period stipulated on
the permit unless the person, firm or
corporation to whom the permit was issued
requests of the city engineer an extension of
time , and provided the request is received
prior to the time of expiration. If the time
extension is needed but not requested until
after the time originally allotted, a new
permit will be required for the uncompleted
work . The fee amount of the new permit shall
be based upon the construction cost • of the
uncompleted work.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
SECTION 6 .
That Chapter 39 , Article II , Section 39-14 , be and the same is
hereby amended to read as follows:
Sec. 39-14. Agreement to restore surface.
The agreement required by this article be made
by the grantee of an excavation permit shall
be substantially the following form:
Miami Beach, Fla. ,
To the City Commission Eeunell of Miami Beach,
Fla. :
Having made application for a permit to make
excavation in conformity with ordinances
regulating the same, and having deposited the
sum of $ as security for the proper
completion of the work set forth in said
application and herein, you are hereby granted
permission and authorized to use said deposit
for putting the street or sidewalk in which I
propose to make excavation in as good
condition as it was found by me and
satisfactory to the City Commission Eeunell of
Miami Beach, in the event I do not do so
within 10 days from the time of the expiration
of such permit.
Applicant
SECTION 7 .
That Chapter 39, Article II , Section 39-15 be and the same is
hereby amended to read as follows:
Sec. 39-15. Warning lights.-; Protective
devices.
During the time while any excavation
operations are being carried on as is provided
in this article, the person , firm or
corporation to whom an excavation permit shall
have been granted shall place guard rails,
ropes or barricades; and flashers, lanterns ,
flambeaus or red lights on each side of such
excavation so as to apprise users of the
street of the location of such excavation,
which lights shall be kept lighted at
nighttime in order to protect the public
health, safety and welfare.
SECTION 8 .- OTHER ORDINANCES.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9 . - SEVERABILITY.
If any article, section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 10. EFFECTIVE DATE.
This ordinance shall take effect October 1, 1984 .
PASSED and ADOPTED this 5th day of September ,
1984 .
MAYOR
ATTEST:
City Clerk
1st Reading - July 25, 1984
2nd Reading - September 5, 1984
9224FJhd FORM APPROVED
LEGAL DEPT
By //
Date 7�?/// V/
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OFFICE
OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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