§ 2-103.1. Construction of public utilities or works in public rights-of-way; construction of paving and drainage on private property—Permit required; effect of installation of County facility; exemption.  


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  • (a)

    It shall be unlawful for any person, corporation, partnership, association or other legal entity to construct utilities or other public works, except mailboxes in road and street right-of-way and easements in the unincorporated area of this County; and in rights-of-way of roads and streets located within municipalities that are maintained by Miami-Dade County, without first having obtained a permit from the Public Works Department. All said construction work in said right-of-way shall conform to uniform standards established by the official manual of public works construction. It shall also be unlawful for any person, corporation, partnership, association or other legal entity to construct paving or drainage on private property for areas used for vehicle driveways or parking in the unincorporated area of this County, without first having obtained a permit from the Public Works Department.

    If the Director of the Public Works Department determines that the permittee is not performing the construction in accordance with the conditions of the permit or the approved plans upon which the permit was issued or in conformance with the uniform standards established by the official manual of public works construction, he may order suspension of the permit or the stopping of work until such time as the permittee has complied with the permit, plans or standards. In such case, the permittee shall take all necessary precautions to leave the work area in a safe and secure condition.

    The Director of the Public Works Department may withhold the issuance of public works permits to a contractor if that contractor has previously been issued a citation regarding work that requires a public works permit as listed in Chapter 8CC of the Code of Miami-Dade County, and the citation is still outstanding forty-five (45) days after the date the citation was issued.

    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 owner has constructed any utility, said permittee or owner shall move or remove such utility as may be required for the public convenience as and whenever specified by the Director of the Public Works Department and at his own expense.

    Permits for the installation of liquefied petroleum gas in easements will be issued by the Miami-Dade County Fire Safety Bureau rather than the Public Works Department.

    The term "right-of-way" or "rights-of-way" shall be construed throughout this article to include, but not be limited to, all proposed dedications of public rights-of-way set forth on official grading and drainage plans required to accompany approved and valid tentative plats, as well as all existing or dedicated rights-of-way.

    Provided, however, the United States, federal agencies and their contractors, in the execution of federal projects authorized by Congress, are exempted from the provisions of Sections 2-103.1 through 2-103.7 and 2-103.10 through 2-103.13.

    (b)

    Whenever any person, corporation, partnership, association, County Department or other legal entity performs any construction or public work within an existing right-of-way located within unincorporated Miami-Dade County, or in right-of-ways of roads or streets located within municipalities that are maintained by the County, the right-of-way, including sidewalks, curbs and gutters, landscaping and must be restored to their legally permissable preexisting condition, including any aesthetic enhancements thereto and any adjacent private property damaged during construction, within forty-five (45) days of completion of the construction or public work in that right of way or within forty-five (45) days of damage to the affected property or area, which ever occurs first. 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 right-of-way as well as any affected adjacent private property and the fines that could be imposed for each failure to do so. All work to be done pursuant to this Section shall be performed in compliance with the Public Works Manual. Any entity failing to restore the right-of-way to its preexisting condition or better within the time permitted shall be subject to a civil fine of five hundred dollars ($500.00) per violation per day until such time as the right-of-way is restored, as well as five hundred dollars ($500.00) per day for each affected adjacent private property until it is restored.

(Ord. No. 61-16, § 1, 4-18-61; Ord. No. 64-29, § 1, 7-21-64; Ord. No. 65-53, § 1, 7-27-65; Ord. No. 68-23, § 1, 4-16-68; Ord. No. 80-54, § 6, 6-3-80; Ord. No. 88-12, § 2, 3-1-88; Ord. No. 92-49, § 1, 6-2-92; Ord. No. 95-194, § 1, 10-17-95; Ord. No. 00-66, § 1, 5-23-00; Ord. No. 03-06, § 1, 1-23-03; Ord. No. 03-89, § 1, 4-22-03)

Cross reference

Construction, etc., in canal rights-of-way, tidal waters, submerged bay-bottom lands and coastal wetlands, § 24-58 et seq.