Ordinance 92-2794 ORDINANCE NO. 92-2794
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS
AND PUBLIC FACILITIES", AMENDING ARTICLE II, ENTITLED
"EXCAVATION"; AMENDING SECTION 39-11, ENTITLED "SAME-
APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE
SURFACE; PERMIT FEE," BY ESTABLISHING A NEW SCHEDULE OF PERMIT
FEES FOR EXCAVATIONS, SIDEWALK, DRIVEWAY, STREET AND PARKWAY
REPAIR, CONSTRUCTION, PAVING OR RESURFACING, SURVEYS CONNECTED
THEREWITH, UTILITY PLACEMENT AND UTILITY CONNECTION
EXCAVATIONS AND GROUND WATER MONITORING WELLS; PROVIDING FEES
FOR RENEWAL OF PERMITS, ISSUANCE OF AFTER-THE-FACT PERMITS AND
FOR REINSPECTION; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, it is necessary to establish a schedule of fees for City
permitting and inspections related to sidewalk and street excavations to
defray City expenses resulting from such activities; and
WHEREAS, the provisions set forth herein are necessary to the
welfare of the residents of the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 39-11.
That Section 39-11 of Article II, entitled "Excavations" of Miami
Beach City Code Chapter 39 , entitled "Streets, Sidewalks and Public
Facilities" is hereby amended to read as follows:
Sec. 39-11. Same - Application; amount of deposit; use of
deposit to replace surface; permit fee.
The city cnginccr Public Works Director 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 payment of the required permit fees and by a deposit
in an amount established by the eIty cnginccr Public Works Director
based on his estimate of the cost of repairing and replacing the
excavation.
1
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 eIty engineer Public Works Director.
In ordcr to secure a permit from the city engineer to do
work on or to make excavations in the sidewalks, streets, parks,
parkways, alleys, easemento or other public ways within the city,
construction cost of ouch 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,
and profit. In the event the good faith estimated cost stated on
The permit fees to be charged by the Public Works Department
for street excavation, sidewalk repair, paving or resurfacing of
parkway or shoulder area, building line and grade survey, sidewalk
construction, driveway construction, flume excavation, utility
placement, underground utility service connection excavation,
groundwater monitoring wells, permit renewal, after-the-fact permit
and reinspection within the city are hereby fixed as follows:
(1) Street excavation permit:
50 lineal feet or less $250. 00
Each additional lineal foot 1. 00
(2) Sidewalk repair permit:
50 lineal feet or less 50. 00
Each additional lineal foot 1. 00
2
(3) Sidewalk construction permit:
50 lineal feet or less 100. 00
Each additional lineal foot 2 . 00
(4) Paving or resurfacing of parkway
or shoulder area permit:
25 lineal feet or less 100. 00
Each additional lineal foot 5. 00
_(5) Building line and grade survey
permit:
50 lineal feet or less 250. 00
Each additional lineal foot 5. 00
(6) Driveway construction permit,
each driveway 100. 00
(7) Flume excavation permit, each
excavation 100. 00
(8) Utility placement permit (poles,
splice pits, manholes, hand holes,
catch basins, pedestals, vaults
and auger holes 100. 00
plus, for each additional, per
block (on same permit) 10. 00
(9) Underground utility service
connection right-of-way excavation
permit (each water, gas, electric,
telephone, cable, television or
sanitary sewer connection from base
building line to the utility located
within the public right-of-way) . . . . 100. 00
(10) Groundwater monitoring wells,
each well 50. 00
(11) Permit renewal fee:
Ninety-day extension of permit
fee expiration date 100. 00
3
(12) After-the-fact permit fee:
For any work described in (1)
through (10) herein, performed
without proper permits and inspections,
quadruple the above fees.
(13) Reinspection fees:
When additional inspection is
required for work previously
inspected and rejected by the
Public Works Department, a
reinspection fee will be required,
for each reinspection 25. 00
Permit fees will be computed only for the primary item of work for
which a permit is required. The fee collected will also cover items of
work incidental to the primary item and all processing and inspection
services rendered by the Public Works Department.
SECTION 2 . REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of
September , 1992 .
PASSED and ADOPTED this 16th day of September , 1992 .
ATTEST:
MAYOR
'7----"K(A\cAAx't
CITY CLERK
1st reading 9/2/92
2nd reading 9/16/92
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FORM APPROVED
LEGAL DEPT. 4
By 5 .54E-1
'late •
CITY OF MIAMI BEACHr_ra
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33 139
TELEPHONE: (305) 673-7010
OFFICE OF THE CITY MANAGER FAX: (305) 673-7762
COMMISSION MEMORANDUM NO. 50-72_,
TO: Mayor Seymour Gelber and DATE: Sept. 2, 1992
Members of the City Commission
FROM: Roger M. gerttQ /,/ �/�
City Manager ��(, �(,/(-{,LLz"-- —
SUBJECT: APPROVAL OF AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE MIAMI BEACH CODE, CHAPTER 39,
ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES", BY
AMENDING ARTICLE II, ENTITLED 'EXCAVATIONS"
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve an ordinance amending
Chapter 39 of the Miami Beach Code entitled "Streets, Sidewalks and Public Facilities" by
amending Article II, entitled "Excavations".
BACKGROUND:
The City of Miami Beach currently charges a permit fee of one (1) percent of the
construction value for all excavations in the sidewalks, streets, parks, parkways, alleys,
easements, or other public rights-of-way within the City limits. This percentage fee docs not
cover the cost of issuing the permit, including researching utility records or inspecting the
work during and after completion.
ANALYSIS:
The revised permit schedule will allow coverage of the City's cost of the permit research,
issuance and inspection. The proposed fee will range from $25.00 to $250.00 depending upon
the nature of the work rather than the one (1) percent of construction cost fee structure
currently utilized.
CONCLUSION:
It is anticipated that this revised fee schedule will generate approximately $13,500 in revenue
to offset the cost of permit issuance and inspection.
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AGENDA
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