O-621-00 ORDINANCE NO. 621-00
AN ORDINANCE OF MIAMI SHORES VILLAGE,FLORIDA,
AMENDING CHAPTER 20 OF THE MIAMI SHORES VILLAGE
CODE OF ORDINANCES, BY ADDING A SECTION BEGINNING
WITH SECTION 20-18, SETTING FORTH STANDARDS AND
CRITERIA RELATING TO THE PROJECTS INVOLVING VILLAGE
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami Shores Village will benefit from an Ordinance regulating outside
contractors who perform work on Village property; and
WHEREAS, The Village desires to establish such regulations for the maintenance and
improvement in the rights-of-way; and
WHEREAS, The Village is concerned about public safety and desires to establish safety
standards for the protection of the public; and
WHEREAS, It is in the best interest of the Village to establish such standards and
criteria;
NOW, THEREFORE, BE IT ORDAINED BY MIAMI SHORES VILLAGE,FLORIDA
Section. I The Code of Ordinances of Miami Shores Village,Florida, is hereby
amended by adding a Section beginning with Section 20-18,which said Section reads as follows:
1) Findings and purpose.
(a) All construction/excavation work on Village property shall be regulated and
controlled pursuant to the provisions of this article,the applicable provisions of the
Telecommunications Article, and the applicable standards in the South Florida Building Code
and accepted National Trade Standards.
(b) The purpose and intent of this article is to establish legislative and administrative
policies for the care,use, construction, and maintenance of the streets, sidewalks, right of ways
within the Village and Village owned property.
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2) Building or obstruction on streets, sidewalks, and public property;
permission required. It shall be unlawful for any person to erect,build, construct, deposit or
place upon or in any street, or any place where the public has the right of passage, any building,
structure or obstruction of any kind whatsoever, or to enclose any street,park or other property
without the express consent of the Village Council or the Village Manager, or his designee.
3) Moving heavy equipment over streets; storage/staging areas.
No person shall move heavy machinery or other heavy objects over any public way in the Village
without having first obtained written permission from the Village Manager or his designee.
Special permission must be granted to move any load,the weight of which with the vehicle,
exceeds six hundred pounds per inch of tire whether pneumatic or solid. Any right of way to be
used for storage of equipment, supplies, etc. shall be identified on a survey of the area of work
and must be approved by the Village prior to such storage. Safety and visibility issues must be
resolved before equipment is stored at the site.
4) Building Contractors closing streets.
It shall be unlawful for any contractor, builder or other person engaged in the erection or
construction of any building or structure to close or obstruct any street or portion thereof,without
first obtaining permission from the Village Manager or his designee.
5) Discharging offensive fluids and matter into streets; obstructing gutters and
sewers.
It shall be unlawful to throw or deposit offensive matter in any street or to discharge, or permit to
be discharged from a vehicle or premises, so much water or other liquids, oils, etc. as may put
any part of the streets in bad order, or to obstruct the gutter or storm sewers with dirt,trash,
wood, lumber, brick or other material.
6) Removing grass, earth, etc. from streets.
It shall be unlawful to remove grass, earth or sand from, or to dig up any street, or to deposit
material of any kind on any street without permission of the Village Manager or his designee.
7) Injuring pavement, curbing or sidewalk.
It shall be unlawful for any person to obstruct or injure, in any way or manner any pavement,
curbing or sidewalk in the Village.
8) Authority of Village Manager or his designee to remove trees, obstructions, etc;
within certain distance of street; notice to owner.
The Village Manager or his designee is hereby authorized to remove or cause to be removed any
tree, shrub, or other obstruction to travel, upon any street, sidewalk or parkway adjacent thereto,
within twenty-five feet of the intersection of the curb lines or traveled ways of any street within
the Village; provided, however,before making any such removal of any such tree, shrubbery, or
other obstructions,the Village Manager or his designee shall give the owner of the property,
upon which the same is located, an opportunity to make such removal,by written notice to such
owner ten days in advance of such removal unless the obstruction causes an immediate threat to
the health, safety or welfare of the public in which case,the Village shall cause its' immediate
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removal, and charge the contractor accordingly. In the event the owner fails to remove the tree or
obstruction,the Village will make the removal and charge the cost of removal against the
property. Any building or structure in the Village, encroaching upon any alley, street, sidewalk,
or right-of-way,without permission, is declared a public nuisance and shall be removed
immediately upon notice from the Village. The Village does not, and shall not make any
guaranty as to the performance of any of the rights,powers, duties or obligations addressed in
this Ordinance and shall not be,under any circumstances, held liable for loss, damage or adverse
consequences suffered by anyone arising out of a deficiency or failure in connection therewith.
9) Permit-Required; replacing pavement; use of grader to fill.
It shall be unlawful for any person to open or excavate in any curb, sidewalk or public street,
parkway,highway, alley or ground in the Village unless and until a permit shall have been
granted by the Village therefore.Applications for such permits shall be made to the Village
Building Department. All excavations in public streets shall be promptly repaired, and where the
paved surface of a Village street has been cut, same shall be properly backfilled and compacted
with a minimum of 10 inches of DOT lime rock base with a minimum one inch asphalt overlay.
All trenches shall be neatly saw cut with straight lines before final restoration is begun. Field
density measurements from an approved testing lab shall be obtained and provided to the Village
before the final asphalt patch is applied. If a grader or other mechanical device is used in
connection with filling such excavation or moving same across or off paved streets,permission
from the Village Manager or his designee must be secured. Such work of refilling and repaving
shall be done upon completion of the installation and excavation work and shall be done in such
manner as shall be prescribed by industry standards and, upon failure to do so, after notice from
the Village, the Village may cause such work to be done and the cost thereof shall be charged
against the cash bond hereinafter provided for. It shall be unlawful for any person having the
privilege of disturbing the surface of any street,to omit to leave the same in like condition as
before disturbance, by filling and packing the earth and other materials so as to produce and leave
a level surface. Each day of such omission shall constitute a separate offense.
10) Performance Bond required,fee; collection.
Before any permit shall be granted for construction in or on any sidewalk,parkway, street,
highway, alley or other public ground of the Village by any person(other than those holding a
franchise with the Village)which requires the replacement of excavation,paving, landscaping,
sidewalks, curb and gutter, seawalls, abutments, structures, made in such streets, alleys, etc.,the
person desiring such excavation shall make application for such permit to the Village and post a
cash bond or bond with good and sufficient securities in an amount equal to 10% of the cost of
construction,to secure the terms of this Ordinance in a form to be prescribed by the Village. The
bond shall not be released until the excavated area has been properly replaced according to
accepted industry standards and specifications approved by the building, zoning and public
works departments, and all damages in connection with such excavations paid. If not redeemed,
cash bonds shall be forfeited.
11) Work to be done by qualified licensee.
The work of excavating and construction in the Village shall be in conformance with plans filed
in accordance with the terms of this chapter and must be performed by a duly licensed and
certified contractor under the South Florida Building Code.
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12) Insurance to be a pre-requisite to issuance of license.
It shall be required of every contractor who seeks to perform excavation/construction work in the
Village,to file with the building department director, a certificate of competency, in accordance
with the standards outlined in Chapter 10 of the Miami-Dade County Code,and an insurance
certificate.
13) Safety requirements;restoration of streets, etc.
All excavations shall be adequately guarded with barricades and lights as to protect the public
from hazard. Streets, sidewalks,parkways and other public property disturbed in the course of
the work shall be restored in a manner satisfactory to the Village.
14) Utility location checks required prior to digging; acknowledgment form;
applicability;penalty; costs.
(a) No digging and/or excavation of any kind or nature,whether pursuant to a
permit property issued or otherwise,by hand or with the aid of machinery, shall be commenced
within the Village without first having a utility check made with S.U.N.S.H.I.N.E. or other
applicable underground utility locator/provider, and without completing the below noted
affidavit.
(b) A person shall not commence a digging and/or an excavation operation or
project unless the same shall acknowledge having received a utility location check by the
appropriate agency and completing the affidavit as sampled below:
"I, (Inquiring pg1y) of (company or business entity, if applicable)
hereby acknowledge that I/we have reviewed the underground utility
installment locations with Aaency_personnel/title) . I have been advised
that the following utility installations (underground) are located at or near the
location at which I have indicated a desire to dig and/or excavate:
I understand and agree that,to the extent that I have been advised of existing
underground utility installation, as indicated above, I/we dig and/or excavate
at my/our peril and agree that I/we or the firm which I have the authority to
represent(as indicated above) assume full responsibility for any and all
damage caused to said"located"underground utility installations and shall,
immediately upon demand,pay to Miami Shores Village the full costs
associated with repair of any damage to any utility installations so damaged by
me/us. Further, I/we agree to indemnify and hold harmless the Village from
any damage or injury, including costs and attorney's fees,which the Village
may incur as the result of any injury or damage which I/we may cause to any
of the "located"utility installations. In the event the Village shall be required
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to take action of a civil nature in a court of competent jurisdiction to enforce
the terms of this indemnification and/or assumption of responsibility, and the
Village is successful in the same, I/we agree to pay all costs incurred by the
Village therein, including the payment of reasonable attorney's fees incurred.
(Signature) (Date)
15) Construction of ditches; use of grader.
Ditches opened or constructed adjacent to or along streets and within twenty-four(24) inches of
the edge of the pavement shall have an area between the edge of the pavement and the outer edge
of the ditch, backfilled with coral rock eight(8) inches thick compact measure. Permission must
be secured by the Village Manager or his designee for the use of a grader or other mechanical
device to backfill ditches where such device is moved across or off the paved surface of the
streets.
16) Warning lights and barricades
Any person making an excavation or an opening in any right-of-way, street, highway, alley or
public ground in the Village shall protect such openings by means of proper barricades and light
flashers and maintain the same during the period of the construction work. Any opening found
not to be properly protected shall immediately be closed by the Village and the cost thereof
charged against the contractor of the project and/or the cash bond provided for herein.
It shall be unlawful for any person to break down,remove or interfere with any such barrier so
erected or any part thereof, or to remove the lanterns without the consent of the Village, or the
contractor, or other person legally engaged in the work of such improvement.
After the excavation, opening or cut has been made and upon completion of the project,the
person receiving the permit shall refill the excavation, opening or cut and shall repave the filled
opening with the same type of material as the surrounding surface or the same type of material as
cut or excavated area. Such work of refilling and repaving shall be done in such manner as shall
be prescribed by the Village and, upon failure to do so,the Village may cause such work to be
done and the cost thereof shall be charged against the contractor and shall be deducted from the
security bond.
17) Sidewalk/Street Standards
Sidewalks shall be constructed of 2,500 psi Portland cement concrete and shall be a minimum of
four(4) inches in thickness except at driveways where six(6) inch thickness is required. The
sidewalk may be of unreinforced concrete except at driveways where a six-by-six-by-ten
(6x6x10)wire mesh shall be placed in the center of the six(6)inch thick slab,with appropriate
expansion joints every third section. All loose or deleterious material shall be removed and the
ground surface rolled prior to placement of the concrete. The street side edge of the sidewalk
shall be constructed in the public right-of-way and shall be at the same elevation as the street
crown and slope upwards at one fourth inch per foot towards the right-of-way line.
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All streets,roads,highways and swale areas shall be in conformity with the minimum standards
as set by the State, County and/or Municipal governments and/or departments thereunder, and in
the appropriate case in accordance with Federal standards, if any,the highest standard among
these to be applied.
Prior to the issuance of any certificate of occupancy or the release of any performance bond, all
sidewalks upon which construction has commenced within the Village shall be inspected and
approved by the Village.
18) Enforcement of article.
The Village Manager, or his designee, is hereby authorized, directed and delegated authority for
enforcement of this article.
SECTION 2. The provisions of this Ordinance being inseparable, in the event
that any part of this Ordinance is found to be invalid,then all of the provisions of this Ordinance
shall be void.
SECTION 3. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith are hereby repealed,but only insofar as such ordinances may be
inconsistent or in conflict with this Ordinance.
SECTION 4. This Ordinance will become effective immediately upon its
adoption.
PASSED ON FIRST READING,this 18th day of July ,2000.
PASSED AND ADOPTED ON SECOND READING,this day of ,
2000.
Mark S. Ulmer, Mayor
ATTEST:
In C—
Barbara A. Fugazz , CM
Village Clerk
APPROVED AS TO FORM:
Q
Richard Sarafan
Village Attorney
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