O-43-36 MIAMI SHORES VILLAGE ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE POSTING OF A BOND BY
GENERAL CONTRACTORS OR OTHER PERSONS AS A CONDITION
PRECEDENT FOR THE INITIATION OF CONSTRUCTION WORK
WITHIN THE VILLAGE NECESSITATING THE USE OF HEAVY
TRUCKS OR OTHER VEHICLES ACROSS THE SIDEWALKS OF
SAID VILLAGE, AND ENCUMBERINGZIDEWALKS AND STREETS
ON PROPERTY WITH TRASHO RUBBISH OR BUILDING MATERIAL;
PROVIDING FOR THE TERMS AND CONDITIONS OF SAID BOND
AND THE PROCEDURE IN USING THE FUNDS TO BE DERIVED
THEREFROMj SPECIFYING THE AMOUNT THEREOF AND PROVID-
ING FOR PENALTY -FOR VIOLATION OF THE SAME AND DECLAR-
ING AN EMERGENCY TO EXIST*
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
' SECTION 1. That prior to the issuance of a building permit
by the Village to anygeneral contractor or other person for the
erection of any construction within the Village or for the repair of
any buildings within the Village wherein it may be necessary to cross
any sidewalks within said Village with heavy trucks or other vehicles.,
and where any sidewalks,, streets or property are encumbered by trash.,
rubbish or building material, it shall be the duty of such general
contrator or other person to post a good and sufficient surety bond
in the principal sum of Fifty Dollars ($50.00) payable -to the Village,
to be approved by the Village Manager, said bond providing that in the
event any sidewalk or sidewalks within said Village which may be broken
up., damaged or in any way disfigured by said contractor or any other
person as aforesaid, in the constructiono repair or .otherwise of any
building within said Village., that such damage shall be repaired and
paid for by said contractor or other person as aforesaid., and where any
sid ewalks, streets or property are encumbered by trash, rubbish or
building material., the same be cleaned and all of such trash.9 rubbish
and material removed therefrom, and said premises, streets and side-
walks placed in a clean and presentable condition; said bond to remain
in full force and effect until the Village Manager is furnished with
a certificate- of the Building Inspector of said Village that none of
�aid sidewalks as aforesaid have ,been damaged or in any wise disfigured
by the use thereof as aforesaid, or until satisfactory evidence is
furnished said manager of complete repair of same and that said sidewalks..
streets and property is in a clean and presentable condition, in which
event the said bond shall* be of no further force and effect; in the
event any of said sidewalks as aforesaid are damaged or disfigured in
any way as aforesaid, and said general contractor or other person as
aforesaid refuse to fully repair the same, and said sidewalks, streets
or property is encumbered by trash, rubbish or building material and
said general contractor or other person as aforesaid, refuse to clean
same and put same in a clean and presentable condition,, the Village
shall forthwith proceed under the direction of the Manager to repair
said sidewalks, and remove all rubbish, trash or building material from
said, sidewalks, streets or property and place same in a clean and pre-
sentable condition,, and the cost thereof shall be paid -by said contractor
or other person as aforesaid,, and upon their failure so to do after
notice so to do be given by said Manager., the amount thereof shall be
paid out of said bond by the surety thereof, and said bond and the
principal thereofs,* together with the surety thereof shall be liable for
the amount of the same.
SECTION 2. The said bond hereinabove provided may be in
cashland amounts necessary to be paid for the repair of any sidewalks
and cleaning of the same, together with the streets and property as
aforesaid, can be used by the Village under the direction of its Village
Manager after first giving ,notice to the contractor or other person as
aforesaid, that said money shall be used for such purpose and the amount
necessary for the same. If said general contractor or other person as
aforesaid fails to comply with said notice as aforesaid., and refuse to
fully repair the same or furnish the-Village sufficient money therefor,
then and in that event said amount so placed with the Village in cash
for said bond as aforesaid, shall be expended under the direction of '
the Village Manager as aforesaid., for the DurDOses herein contemplated,
and any amounts remaining in the possession of the1illage after all
r epairs have been made shall be refunded to. the person depositing the
same.
SECTION 5. In no event shall the Village expend for the
repair of any of said sidewalks- an amount of money in excess of the
funds or in excess of the amount of the bond deposited with it as
provided for herein.
SECTION 4. In the event a general contractor or other person
as aforesaid shall post three of the bonds as *hereinabove provided,
whether by surety or cash as aforesaid, such general contractor or
other person as aforesaid, shall not be required to post any further
bonds as herein requited for any contracts for the erection of any
additional buildings- within the Village so long as such bonds as
aforesaid not exceeding three shall remain deposited with the Village
as herein provided.�
SECTION 5. Violation 'of any portion of the foregoing sections
shall be punished by a fine not exceeding the sum "of Two hundred and
fifty Dollars ($250.00) or by imprisonment not exceeding ten (10) days
in jail or by both fine and imprisonment in the discretion of the
Village Judge.
SECTION 6. Each word., phrase, sentence or section' of this
ordinance shall be severable and the invalidity of any word, phrase,
sentence or section shall in no way or degree impair any other part
or parts thereof.
SECTION 7. All ordinances and parts of ordinances in conflict
herewith are- hereby repealed.
SECTION 8. That an emergence exists for the protection of the
public welfare, life and property.
SECTION 9. This ordinance shall be effective immediately upon
its passage.
Unanimously passed and adopted this day of March.,
A. D. 1936.
ATTEST:
Mayor.7
Virlage Manager and Clerk. J