Res No 098-21-15718RESOLUTION NO.098-21-15718
A Resolution of the Mayor and City Commission for the City of South Miami, Florida, opposing
proposed amendments to the Miami -Dade County Code regarding public works construction and
permitting in the incorporated and unincorporated areas and urging the Board of County
Commissioners of Miami -Dade County not to move forward with the amendments as drafted.
WHEREAS, on July 8, 2021, the Board of County Commissioners of Miami -Dade County ("BCC") passed
an ordinance on first reading that would provide exclusive permitting jurisdiction to Miami -Dade County
("County") for certain public works construction projects regardless of ownership over the facility, and
prohibit municipalities from charging fees, imposing requirements, or requiring permits for work on certain
rights -of -way or easements within municipalities ("the ordinance"); and
WHEREAS, the ordinance is scheduled for second reading on September 1, 2021; and
WHEREAS, the City Commission believes the proposed changes to the Miami -Dade County Code are
counter -productive to municipal operations and services and will force County and City departments to work
in isolation, hindering communication and cooperation rather than fostering collaboration for the public
benefit; and
WHEREAS, the City has been a committed advocate for the City's home rule authority and opposes
unwarranted County and State preemptions particularly on local matters that concern the City's regulatory
authority over City -owned or maintained facilities; and
WHEREAS, the City requires a public works permit for all right of way work within its geographic
boundaries; and
WHEREAS, this universal permit requirement ensures that City staff is aware of work taking place
within the City and can effectively coordinate concurrent right of way projects and to avoid traffic conflicts
during construction or maintenance; and
WHEREAS, the City is best able to communicate information about roadway work and public works
projects to residential and business communities to ensure the public is well informed and can make
appropriate decisions; and
WHEREAS, the City is uniquely qualified to handle the hyper -local aspects of public works within the
community because City staff is knowledgeable about the issues, utilities, and stakeholders affected by a given
project; and
WHEREAS, the ordinance gives the County the broad authority, but not the obligation, to do any
construction work or maintenance, on any roadway or facility situated partially or entirely within the
incorporated areas of the County, and have the exclusive permitting jurisdiction over any such work regardless
of who owns or maintains the facility; and
WHEREAS, the ordinance prohibits municipalities from charging any fees, imposing any requirements,
or permitting any construction work on: (i) any County -owned rights -of -way or easements within the
municipality; and (ii) any roads or facilities regardless of ownership, that the Miami -Dade County Department
Page 1 of 2
Res. No. 09g-21-1571g
of Transportation and Public Works deems necessary for appropriate traffic movement on the County's
roadway network; and
WHEREAS, the ordinance represents a radical departure from today's practice and cities should be
aware of, and in agreement with, any improvements that are proposed by the County within City rights of way
and there resulting maintenance obligations; and
WHEREAS, the City of South Miami urges the Board of County Commissioners to oppose or postpone
the passage of this ordinance until the County has had a chance to work with cities to incorporate common
sense revisions to improve this legislation.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby urges the Board of County Commissioners of Miami -Dade
County not to approve the above -described amendments, as drafted and to incorporate common sense
revisions to improve collaboration between Miami -Dade County and cities.
Section 3. The City Clerk shall transmit a copy of this Resolution to Mayor Daniella Levine Cava and the
Board of County Commissioners of Miami -Dade County.
Section 4. Corrections. Conforming language or technical scrivener -type corrections may be made by
the City Attorney for any conforming amendments to be incorporated into the final resolution for signature.
Section S. Severability. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of
the remaining portions of this resolution.
Section 6. Effective Date. This Resolution will take effect immediately upon adoption.
PASSED AND ADOPTED this 7t' day of September, 2021.
ATTEST:
a
CITY CL K
READ AND APPROVED AS TO FORM,
LANGUAG EGALITY, AND
EXECUT N T EREOF A / I
ATTORNEY
APPROVED:
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Commissioner Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Corey:
Yea
Page 2 of 2
Agenda item No:2.
City Commission Agenda Item Report
Meeting Date: September 7, 2021
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission for the City of South Miami, Florida, opposing proposed
amendments to the Miami -Dade County Code regarding public works construction and permitting in the
incorporated and unincorporated areas and urging the Board of County Commissioners of Miami -Dade County
not to move forward with the amendments as drafted. 3/5 (City Manager)
Suggested Action:
Attachments:
Reso_re County PW Ord. affecting Cities CArev.rtf
211661. p d f
TO:
FROM:
MEMORANDUM
Honorable Chairman Jose "Pepe" Diaz
and Members, Board of County Commissioners
Geri Bonzon-Keenan
County Attorney
Agenda Item No. 5(A)
(Public Hearing: 9-1-21)
DATE: July 8, 2021
SUBJECT: Ordinance relating to public works
construction and permitting in the
incorporated and unincorporated
areas; amending article XIV of
chapter 2 of the Code; providing
exclusive permitting jurisdiction
to the County for certain public
works construction projects;
prohibiting municipalities from
charging fees, imposing
requirements, or requiring permits
for work on certain rights -of -way
or easements within
municipalities; revising obsolete
provisions regarding enforcement;
making technical and conforming
changes
The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Chairman
Jose "Pepe" Diaz.
GBK/smm
// � /g
Geri 13onzon-Keenan
County Attorney
5
i
t MEMORANDUM
(Revised)
TO: Honorable Chairman Jose 'Pepe" Diaz
and Members, Board of County Commissioners
FROM: onion -Keenan
County Attorney
Please note any items checked.
DATE: September 1, 2021
SUBJECT: Agenda Item No. 5(A)
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review -
Applicable legislation requires more than a majority vote (i.e., 2/3's
present _, 2/3 membership _, 3/5's _, unanimous _, CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) _, CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) _, or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
2
Approved Mayor Agenda Item No. 5(A)
Veto 9-1-21
Override
ORDINANCE NO.
ORDINANCE RELATING TO PUBLIC WORKS
CONSTRUCTION AND PERMITTING IN THE
INCORPORATED AND UNINCORPORATED AREAS;
AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF
MIAMI-DADE COUNTY, FLORIDA; PROVIDING
EXCLUSIVE PERMITTING JURISDICTION TO THE COUNTY
FOR CERTAIN PUBLIC WORKS CONSTRUCTION
PROJECTS; PROHIBITING MUNICIPALITIES FROM
CHARGING FEES, IMPOSING REQUIREMENTS, OR
REQUIRING PERMITS FOR WORK ON CERTAIN RIGHTS -
OF -WAY OR EASEMENTS WITHIN MUNICIPALITIES;
REVISING OBSOLETE PROVISIONS REGARDING
ENFORCEMENT; MAKING TECHNICAL AND
CONFORMING CHANGES; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
WHEREAS, section 1.01(A)(1) of the Miami -Dade County Home Rule Charter vests this
Board with the power to "carry on a central metropolitan government" by, among other powers,
"provid[ing] and regulat[ing] arterial, toll, and other roads, bridges, tunnels, and related
facilities; ... and develop[ing] and enforce[ing] master plans for the control of traffic and
parking"; and
WHEREAS, among other mechanisms, this Board has exercised this power through
adoption of ordinances that have been codified in the Code of Miami -Dade County, Florida (the
"Code"); and
WHEREAS, section 2-100(d) of the Code requires that the Department of Transportation
and Public Works (DTPW) promulgate, establish, and enforce minimum standards for public
works construction by publishing a public works manual, which shall be the official guide and
standards for public works construction in both the unincorporated and incorporated areas of the
County; and
3 7
Agenda Item No. 5(A)
Page 2
WHEREAS, section 2-95.1 of the Code empowers and imposes the duty and responsibility
on DTPW to provide, develop, maintain, improve, implement, and enforce a master plan for the
control, regulation, and appropriate movement of traffic throughout the County, including both the
incorporated and unincorporated areas thereof; and
WHEREAS, section 2-95.1 also grants DTPW exclusive jurisdiction over all matters of
traffic engineering Countywide, subject only to the jurisdiction of the state road department with
respect to state highways; and
WHEREAS, section 2-96.1 of the Code vests DTPW with the exclusive jurisdiction to
address traffic movement, traffic engineering, and traffic control devices throughout the County;
and
WHEREAS, proper planning, design, and construction of certain roadways is instrumental
in maintaining adequate traffic movement throughout the County's roadway network; and
WHEREAS, section 2-100 of the Code vests DTPW with the authority to "[p]lan, design,
construct and maintain all arterial and other roads, bridges, tunnels, canals and related facilities in
the unincorporated area of the County, as well as such other arterial and other roads, bridges,
tunnels, canals and related facilities situated partially or entirely within the incorporated areas of
the County, which are from time to time designated by the Mayor as County arterial, or other
roads, bridges, tunnels, canals or related facilities"; and
WHEREAS, section 2-103.1 of the Code currently requires that any person or entity doing
construction work on County -owned or County -maintained rights -of -way within unincorporated
and incorporated areas of the County acquire a pen -nit from DTPW; and
4 8
Agenda Item No. 5(A)
Page 3
WHEREAS, although a County permit is required for work on County -owned or County -
maintained rights -of -way located within municipalities, many municipalities also require a
municipal permit and the payment of certain fees for said construction work; and
WHEREAS, providing exclusive permitting jurisdiction to DTPW for construction work
on certain roadways, except for state highways, is consistent with and in furtherance of the
authority vested in Miami -Dade County and the duties and responsibilities assigned to DTPW in
furtherance of that authority; and
WHEREAS, prohibiting municipalities from requiring municipal permits or the payment
of fees for work on County -owned or County -maintained rights -of -way or other roadways deemed
necessary by DTPW to address traffic movement in the County's roadway network would help
streamline public works and other construction projects that affect County rights -of -way and other
roadways that impact the appropriate movement of traffic throughout the County's roadway
network; and
WHEREAS, it is in the best interest of the County to be the sole permitting agency for
construction work on County -owned or County -maintained rights -of -way and certain other
roadways within the unincorporated and incorporated areas of the County; and
WHEREAS, this Board also wishes to update the relevant Code sections to update
department names and references to the County Mayor, revise obsolete provisions regarding
enforcement, and reorganize and streamline the provisions to make them easier to read, including
by adding definitions for commonly -repeated words or phrases, inserting additional subparts, and
reorganizing subparts to avoid repetition,
Agenda Item No. 5(A)
Page 4
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated herein and are approved.
Section 2. Article XIV of chapter 2 of the Code of Miami -Dade County, Florida, is
hereby amended to read as follows:'
ARTICLE XIV. - PUBLIC WORKS DEPARTMENT
Sec. 2-99. - Established; Director as head; appointment; term
>>; definitions«,
»LqJ« The Public Works Department is established.
»Q21« The head of the Department is the Director of Public Works
>>,« who shall be appointed by the »County Mayor in
accordance with section 2.02(C) of the Miami -Dade County
Home Rule Charter<< [[Manage]] and shall serve at the will
of the »County Mayor« [[ManageF ].
»W Definitions. For purposes of this article, the following
definitions shall apply unless a contrary intent is obvious:
"Construction work" means the installation,
maintenance, repair, modification, or removal of any
building, structure, pavement, drainage, or
equipment, including the planning and design for any_
such work.
U2) "Countyy" means Miami -Dade County, Florida.
�3) "County -owned" means (i) property in which the
County has a property interest, such as fee simple
ownership or an easement, and (ii) property that the
County maintains regardless of ownership, such as
rights -of -way that are in incorporated areas but are
maintained by the County.
"Director" means the Director of the Public Works
Department, or the Director's designee.
"Direct control" means under the County's complete
jurisdiction, by virtue of ownership, dedication by
plat, easement, reservation, or right-of-way, and
access agreement or instrument.
' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
6 10
Agenda Item No. 5(A)
Page 5
L6,) "Engineer" means a professional engineer registered
by the State.
'7 "Public Works Department" and "Department"
means the Department of Transportation and Public
Works or successor department responsible for
administration of this article.
"Right-of-way" and "rights -of -way" mean land in
which the County owns the fee or has an easement
devoted to or required for use as a transportation
facility, and includes, without limitation, (i) all
existing or dedicated rights -of -way and (ii) all
proposed dedications of public rights -of -way set
forth on official grading and drainage plans approved
pursuant to tentative plats.
L9,) "Work" means any activity or result of such activity
as set forth in section 2-103.1, or the area or site of
such activity.«
Sec. 2-100. - Functions, powers»=« and duties.
The Public Works Department shall perform the following
functions:
(a) >>Consistent with and in furtherance of the duty and
responsibility to develop, maintain, improve, and enforce a
master plan for the control, regulation, and appropriate
movement of traffic for the County in both the incorporated
and unincorporated areas thereof, and notwithstanding any
other provision of the Code to the contrary, and subject t only
to the jurisdiction of the state road department with respect
to state highways, the Department shall:
W« Plan, design, construct>>,<< and maintain all arterial
and other roads, bridges, tunnels, canals and related
facilities in the unincorporated area of the County;
and[[, ,
bridges, tunnels, eanals and related faeflities situated
partially ear ea iFely within the ine+errpe F to .seas ethe i
7
whieh are fr-em time to time designated
by the Manager- as County
eF
7 11etheF Feads,
bridges, tunnels,
Have the authority, but not the obligation,L to do any
construction work, including but not limited to the
planning, designing paving, or maintenance, on any
arterial, collector, section line or half -section line
road, or other roads, bridges, tunnels, canals or
related facilities situated partially or entirely within
7 11
Agenda Item No. 5(A)
Page 6
the incorporated areas of the County, and shall have
the exclusive permitting jurisdiction over and
construction work whether the work is performed by
County employees or by a private firm or corporation
under contract with the County.«
(c) With the cooperation of the Department of »Regulatory
and Economic Resources or successor department or
departments responsible for zoning and subdivision
regulations<< [[Planning and ZepAngfl, establish and
enforce minimum standards for the approval of platting or
replatting of any land in the County.
(j) Perform any other functions reasonably necessary to, or
reasonably related to, the performance of the functions
hereafter designated by administrative order of the
[[M rfj »Mayor«•
(k) Review plans, issue permits and inspection >>for any
construction work<< [[of paving and dfainagefl on public
right-of-way and private property in the unincorporated
areas of Miami -Dade County >>and for any construction
work done subject to the provisions of paragraph (a)(2) of
this section«•
Sec. 2-100.1. — >>Enforcement<< [ [ ; delegation of
enforeement power and duties.
Unless ether -wise pr-evided by efdifianee, the Difeeter- of
•]]
»fq) This article may be enforced in accordance with section 1-5
and chapter 8CC.
Lbj The Director is hereby authorized to institute actions on
behalf of the Coun , in any court of competent jurisdiction
in this State to seek enforcement of this article and all
remedies for violation thereof.
8 12
Agenda Item No. 5(A)
Page 7
Lc) The Director may, in the Director's discretion, terminate an
investigation or an action commenced under the provisions
of this article upon execution of a written consent agreement
between the Department and the persons who are the subject
of the investigation or action.
W The consent agreement shall provide written
assurance of voluntary compliance with all the
applicable provisions of this article by such persons.
Q The consent agreement may in addition provide for
the following: mitigation of injuries accruing
account of the violation investigated or sued upon,
compensatory damages -,_punitive damages; civil
penalties, costs and expenses of enforcement;
attorneys' fees; and remedial or corrective action.
W Except as expressly and specifically provided in the
executed written consent agreement, an executed
written consent agreement shall neither be evidence
of a prior violation of this article, nor shall such
agreement be deemed to impose any limitation or
action by the Director or the County in enforcing M
of the provisions of this article, nor shall the
agreement constitute a waiver of or limitation upon
the enforcement of any federal, state or local law or
ordinance.
Each violation of any of the terms of an executed
written consent agreement shall constitute a separate
violation under this article by the persons who
executed the agreement and by their respective
officers, directors, agents, servants, employees,
attorneys, heirs, successors, and assigns, and by any
persons in active concert or participation with any of
the foregoing_ persons and who have received actual
notice of the consent agreement.
Each day during any portion of which each such
violation occurs constitutes a separate offense under
this chapter.«
Sec. 2-103. - Organization and operating procedures;
appointment of personnel.
»O« The organization and operating procedures of the
Department shall be >>as directed by the County Mayor or
by implementing order approved by the Board of County
9 13
Agenda Item No. 5(A)
Page 8
Commissioners.<< [[
regulations of the Manager-. The Manager-, with the advie
the Direetor']]
»fh) The County Mayor<< shall appoint such employees as may
be necessary to perform the functions of this Department.
The salaries for all departmental officers and employees
shall be fixed by the County Commission. The >>Counjy
Mayor<< [[ ]] may assign one [[M]]
person to perform, without additional compensation, the
duties of other offices or positions created by or made
necessary by the provisions of this article.
»Lcl The County Mayor<< [[(.a) The ManageF ef the DireetEw]]
may designate toll enforcement officers, who will be
authorized to issue uniform traffic citations for violations
pursuant to >>section<< [[Seetien]] 316.10011 Florida
Statutes.
Sec. 2-103.1. - Construction of public utilities or works in public
rights -of -way[[; eonstFuetion I >>and<<
paving and drainage on private property—
[[Per-mit]]» ep rmit<< required; >>ermit
requirements; limitation on municipal permits
for certain construction work; authority to
withhold, revoke, or enforce requirements of
permit; limitations on cutting pavement;<< effect
of installation of County facility; exemption.
(a) >>Def nitions. The following additional definitions shall
apply throughout this article unless context dictates
otherwise.
' 1 "Permittee" includes both the person or entity
applying for or a permit required by this article and the
owner of the property that is installed pursuant to a
permit.
"Public works manual" means the public works
manual establishing minimum standards for public
works construction, as may be amended from time to
time and as promulgated pursuant to section 2-100.
Permits required -for construction.
W« It shall be unlawful for any person, corporation,
partnership, association>>, governmental agency,«
or other legal entity to [[eenstfuet tilities]]»do any
construction work related to anv of the followinu. on
any County -owned rights -of -way, without first
obtaining a permit from the Department:
10 14
Agenda Item No. 5(A)
Page 9
Utilities<< or other public works, except [[fef
] mailboxes
ffin Fead and stfeet right of way and
easements in the u ' A ated area of this
Geunty; and in rights of -way of roads and
streets jeeated within munieipalities that are
maintained by Miami Dade Geunty, withew
Wer- ]].
>>Ciij Paving or drainage on private property in the
areas used for vehicle driveways or parkin.
�2) Except as provided for herein, it shall be unlawful for
any person, corporation, partnership, association,
governmental agency, or other legal entity, without
first obtaining a permit from the Department, to do
any construction work related to any utilities or
public works on any arterial, collector, section line,
or half -section line road, or on any other road, bridge,
tunnel, canal, or related facility that is situated
partially or entirely within the incorporated areas of
the_ County, , regardless of ownership, that the
Department deems necessary for appropriate traffic
movement on the County's roadway network.
The following are exempt from this permit
requirement:
a. installation of mailboxes on private
ro e
b. paving or drainage on private
property in areas used for vehicle
drivewa,� s or parkin
C. Maintenance, repair, or drainage
work by a municipality on an, roads
oads
that the municipality owns or
maintains, whether this work is
performed by employees of the
municipality or by a private firm or
corporation under contract with the
municipality.
ii The Department shall prepare, update as it
deems necessary, and make readily available
to the public, alist of the roadways that are
subject to the permitting requirements of this
paragraph.
11 15
Agenda Item No. 5(A)
Page 10
(c) Minimum requirements, for permits.<< All >>permits for<<
[[said]] construction work >>issued pursuant to this
section<< ffin said right of wayfl shall conform to uniform
standards established by the [[e€feial manual-efl] public
works >>manual.<< [[eenstfuetien. It shall also be unlawful
obtained a peFmit from the Publie Works •]]
»Ld2 Municipal permits, requirements, and fees prohibited.
L ,) Municipalities are prohibited from charging an, fees,
imposing, any requirements, including, but not
limited to, maintenance of traffic requirements, or
requiring that any permit be obtained for any
construction work, including any public works, on:
0 any County -owned rights -of -way or
casements within the municipals , ; and
ii any road that is subject to paragraph (b)(2)
above.
�2) Except as to the County, municipalities may impose
permitting requirements for paving or drainage on
private property in the areas used for vehicle
driveways or for parking adjacent to any roads that
the municipality owns or maintains.
(e) Authors , 7 to suspend permits.
W« If the Director [[ ]]
determines that the permittee is not performing the
construction in accordance with the conditions of the
pen -nit or the approved plans upon which the permit
was issued or in conformance with the >>minimum
requirements of this section<< [[unifefm standards
established by the effleial manual of publie works
eenstFuet ]], [[he]] >>the Director<< may order
suspension of the permit or the stopping of work until
such time as the permittee has complied with the
permit, plans or >>requirements<< [[standards]].
»M« In such case, the penmittee shall take all necessary
precautions to leave the work area in a safe and
secure condition.
12 16
Agenda Item No. 5(A)
Page 11
» Authority to withhold issuance of permit.<< The Director
[[ef the PuvliC Wer- s Department]] may withhold the
issuance of public works permits to a contractor >>or
permittee to the extent required by section 8CC-7<< if that
contractor >>or permittee<< has previously been issued a
citation >>pursuant to chapter 8CC« regarding work that
requires a public works permit [[
the Gede ef Miami Dade ]], and the citation is still
outstanding [ [ ] ]45 [ [)] ] days after the date the
citation was issued.
»W Removal or relocation of utilit.
W« In the event of any future widening, repairs,
installation, construction, or reconstruction, by or for
Miami -Dade County, of any road, bridge, canal,
culvert, traffic signal, streetlight, water distribution
system, sewage collection system, storm drainage
system, or any other County facility within the public
right-of-way in which the permittee [[or- erJ] has
constructed any utility, said permittee [[erewnerJ]
shall move or remove such utility as may be required
for the public convenience as and whenever specified
by 11the Director [[
enA at ]]»-
�2,� Said removal or relocation shall be at the
permittee's<< own expense.
»(h,1 Liqui ied petroleum gas installation. << Permits for the
installation of liquefied petroleum gas in easements will be
issued by the Miami -Dade County Fire Safety Bureau rather
than the [[Publie-Wer-ks]] Department.
[[
"right
"rights
threuetheut
nrtiele tee
this
in•de
but
ee' nsL-ued
limited
b ie•
net
f all
feAh
proposed
dGII7eati ns
drainage
ofrights
p
to
set en
aeeempany
effieial gr-ading
and
tentative
plans
Fequir-ed
existing ef
approved
dedieated
and valid
rights •JJ11
plats, as
well as
» Exemptions. The<< [[Pr-evided, hewever-,thefl United
States, federal agencies and their contractors, in the
execution of federal projects authorized by Congress, are
exempted from the provisions of >>sections<< [[See ieesJ]
2-103.1 through 2-103.7 [[ ]].
13 17
Agenda Item No. 5(A)
Page 12
[[{ )]] » Restoration of right-of-wayaiter completion of work.
�« Whenever any person, corporation, partnership,
association, County Department or other legal entity
performs any construction or public work within an
existing »County -owned« right-of-way >>or on
any road that is the subject of paragraph (b)(2)
above« [[
the ]], the right-of-way, including sidewalks,
curbs and gutters, and landscaping must be restored
to their legally permissible preexisting condition,
including any aesthetic enhancements thereto and
any adjacent private property damaged during
construction, within:
»Q« [[(a)]] 30 days of completion of the
construction or public work in that
»Coup , -owned« right-of-way >>or other
roadway« or within 30 days of damage to
the affected property or area, whichever
occurs first; or
» ii << [[( )]] within 15 days of completion of the
construction or public work in the >>Coun -
owned<< right-of-way >>or other
roadway<< or within 15 days of damage to
the affected property, whichever occurs first,
if such »County -owned« right-of-way
>>or other roadway<< is located within the
Rapid Transit Zone as identified in chapter
33C or within an urban center or urban area
district as identified in chapter 33.
»Q« Prior to the time such construction work begins, the
contractor, by posting the construction site, shall
inform the local community of the requirement to
restore the »County -owned« right-of-way >>or
other roadway« within the applicable time period
as well as any affected adjacent private property and
the fines that could be imposed for each failure to do
SO.
»(3)« In restoring the roads, sidewalks, curbs and gutters in
the »County -owned« right-of-way >>or other
roadway<< as required by this section, the person,
corporation, partnership, association, County
Department or other legal entity that performed the
construction or public work shall replace the
removed, destroyed, or damaged roads, sidewalks,
14 18
Agenda Item No. 5(A)
Page 13
curbs and gutters in the »County -owned« right-
of-way >>or other roadway« with the same
material as that which existed before the construction
or public work was started. Nothing herein prohibits
the use of improved or upgraded materials for the
restoration of roads, sidewalks, curbs and gutters
within »County -owned riis-of-way« [[an
existing right of -way leeated within A )rated
Miami Dade Geunty, or- in right ef-w-eys khr-cated
i7Tth� Pali ies that e+re 11iI712tai I' e� bar the
-y,.-.�+,y'1]
»(41« All work to be done pursuant to this
»requirement« [[$w]] shall be performed in
compliance with the Public Works Manual.
»(51« Any entity failing to restore the »County -owned«
right-of-way >>or other roadway« to its preexisting
condition or better within the time permitted shall be
subject to >>enforcement as provided in this article
per violation per day until the<< [[a eivil fine
of five
hundred dellar-s ($500.00) per- violation per- day until
sueh time as ]rirght-of-way >>or other
roadway« [[ �7- -ester-e d,, as well
as five hundred
]] >>and<<
affected adjacent private property >>are<< [[until it
is] l restored.
»(k) Limitations on cutting pavement.« [[(-e)]] No permit shall
be issued for a County department, utility company, or any
other person or public or private entity, to cut into pavement
on any County -owned roadway that is located within the
unincorporated area or a municipality and that was paved or
repaved within the last three years, except as provided in this
subsection.
(2) The >>Director<< [[
r-eadways]] may grant a variance with respect to this
prohibition in accordance with the following:
15 19
Agenda Item No. 5(A)
Page 14
Sec. 2-103.2. — [[Same ] Permit fees —Schedule.
The [[N:ami Dade County Public Works]] Department shall
charge and collect permit fees at the rates established by
>>implementing order<< [[separate administfative order- whie
`hall net beeeme e ffe„tive until]] approved by the Board of County
Commissioners.
Sec. 2-103.4. — [[Same Saame—]]Waiver.
»(a)« The [[ ]] Department shall waive the permit fee
for all work performed by a governmental agency, except for
utility construction, whether this work is performed by
employees of the governmental agency or by a private firm
or corporation under contract with the governmental agency.
»(W It is provided, however<< [[14eweyei]], such governmental
agency or private firm or corporation under contract
therewith shall not be relieved of the responsibility for
obtaining a permit for work covered in »section
[[Seetien]] 22-103.1 unless otherwise provided. [[in .,`kilt..
to the above, the Publie \]�I.r� vrns Department will waive the
werk. ]
Sec. 2-103.5. — [ [Some—] ] Time of completion.
The time allotted to complete the work for which a permit
was issued under [[Seetien]] >>section<< 2-103.1 shall be limited
to the period stipulated on the permit unless the person, firm or
corporation to whom the permit was issued requests the [[Publie
WefkS]] Department for an extension of time, and provided the
request is received prior to the time of expiration. If a time extension
is needed but not requested until after the expiration of the time
originally allotted, a new permit will be required for the
uncompleted work. The fee amount for the new permit shall be
based upon the uncompleted work.
16 20
Agenda Item No. 5(A)
Page 15
- -
- -
..
,,.
0W&V;AWN
::
SWIM
a:.:. -to
(d)
,
]]
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
17 21
Agenda Item No. 5(A)
Page 16
Section 5. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override
by this Board.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency: GINS Fbt �B�C
Prepared by: '
Annery Pulgar Alfonso '
Dennis A. Kerbel
Prime Sponsor: Chairman Jose "Pepe" Diaz
18 22