USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES

Miami City Code ch. 54, art. XI

in effect

Miami City Code § 54-411 Statement of purpose.

Sec. 54-411. - Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article: (1) To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones in, upon, along, across, above, over, under or infringing upon the streets or sidewalks within the corporate limits of the city, as now or in the future may exist; (2) To provide the city with compensation for occupation and use of the city's streets or sidewalks for pay telephones; and (3) To provide the department of resilience and public works of the city with compensation for the cost of regulation imposed by this article on pay telephones. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-412 Definitions.

Sec. 54-412. - Definitions. For the purposes of this article and any agreement in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. ch. 337, as amended: City shall mean the City of Miami, Florida, its elected officials, agents and employees. Department shall mean the director of the resilience and public works department of the City of Miami or his/her designee. Pay telephone shall mean any self-service or coin or credit-card-operated telephone, including enclosures, or bank of such telephones placed adjacent to each other. Pay telephone permit shall mean the document by which a privilege is granted by the city to authorize a person to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair and use pay telephones occupying the streets or sidewalks within the city. Any pay telephone permit issued in accordance herewith shall be nonexclusive. Permittee shall mean any person issued a permit in accordance with the provisions of this article responsible for erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones occupying the streets or sidewalks within the city. Person shall mean an individual, business, firm, corporation, association, partnership or other organization or group of persons. Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the city's zoned rights-of-way. State road shall mean those roadways that are part of the state highway system under the jurisdiction of the Florida Department of Transportation. Street shall mean all that area reserved for the public use for public rights-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses, bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and sidewalks. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-413 Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement without permit or certification.

Sec. 54-413. - Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement without permit or certification. (a) No person may place or maintain any pay telephone on or above any street or sidewalk in the corporate limits of the city without having first obtained a pay telephone permit from the city as provided in this article. (b) Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the streets or sidewalks within the city for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones. (c) Any pay telephone permit issued by the city shall continue in full force and effect so long as the permittee is in compliance with this article, and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. (d) In the event any pay telephone permit shall be revoked, the applicable pay telephones(s) shall be removed from the streets or sidewalks in accordance with the provisions of this article. (e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay telephone permit as required by this article, or failure to have a current valid public service commission certification shall result in removal of the pay telephone(s) by the city. The owner shall be assessed a $230.00 fine per pay telephone and storage costs in accordance with subsection 54-422(c). (f) No pay telephone permit shall be issued by the city within a state road right-of-way. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13195, § 5, 9-27-10)

Miami City Code § 54-414 Pay telephone permit application.

Sec. 54-414. - Pay telephone permit application. (a) A written pay telephone permit application, along with the permit application fee, in accordance with section 54-418, shall be filed with the department of resilience and public works for each pay telephone requested. (b) To be acceptable for filing, an application for the grant of a pay telephone permit shall contain, at minimum, the following information: (1) Site plan, in accordance with section 54-420(h) and a copy of the applicant's public service commission certification. (2) Bond, in accordance with section 54-423. (3) Indemnification/hold harmless agreement, in accordance with section 54-424. (4) Insurance, in accordance with section 54-424. (5) Approval for provision of service from local service provider (i.e. AT&T) showing telephone number of proposed pay telephone (if available). The permittee shall notify the city in writing of any telephone number change for an approved/permitted pay telephone. (6) A global positioning system (GPS) coordinate, within ten feet accuracy, of each pay phone. Any application for a pay telephone permit shall not be considered until all of these requirements have been met. Additionally, the time for processing by the city of such application shall not begin until all requirements have been met. (c) Each pay telephone provider may be required to install and maintain, at no charge to the city, a specified number of pay telephones in city-owned and operated facilities. The number and location of pay telephones in city-owned and operated facilities shall be determined by the city, but, in no case, shall exceed one pay telephone per ten pay telephones permitted in accordance with this article. (d) All permit applications submitted under this section to the department of resilience and public works shall be awarded on a first come, first serve basis. (e) Once the pay telephone permit is approved, a decal will be issued to the provider for placement on the pay telephone in a manner such that it is easily visible to code enforcement personnel. (f) At any time during the three-year term of a specific permit, the pay telephone provider may voluntarily notify the director of resilience and public works, in writing, of an intent to remove the pay telephone and cause the permit to be revoked. Any pay telephone, for which voluntary revocation of the permit is requested by the provider, in accordance with this section, must be removed within 30 calendar days. If the pay telephone is not removed within 30 calendar days, the city shall remove the pay telephone in accordance with section 54-422. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-415 Pay telephone permit locations.

Sec. 54-415. - Pay telephone permit locations. (a) Any pay telephone permit issued in accordance herewith shall apply only to the location or locations stated on the pay telephone permit or permits. (b) The location and means of installation of pay telephones shall be subject to the department's approval. (c) Nothing in this article shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the installation of pay telephone(s) shall be issued. The requirements for any and all other permits as may be required by any city ordinance, shall still apply and all other applicable permit fees shall still be due. (Ord. No. 11937, § 2, 6-29-00)

Miami City Code § 54-416 Technical standards.

Sec. 54-416. - Technical standards. All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones provided for herein shall be in accordance with all applicable federal, state and local laws and regulations, including but not limited to the most recent editions of the Florida Building Code, National Electrical Code and the National Electrical Safety Code. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09)

Miami City Code § 54-417 Powers and duties of city resilience and public works director.

Sec. 54-417. - Powers and duties of city resilience and public works director. The resilience and public works director or his/her authorized designee shall have the following powers and duties: (1) Receive and review applications for pay telephone permits; (2) Review and cause to be audited all reports and filings submitted by the permittee to the city pursuant to this article; and (3) Promulgate and regularly review, as needed, regulations regarding the construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of any pay telephone(s) established by pay telephone permit in accordance herewith. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-418 Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment.

Sec. 54-418. - Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pay telephones shall be $230.00 for each pay telephone requested to be installed pursuant to this article. An initial inspection fee of $10.00 per location shall accompany the pay telephone permit application. (b) There shall also be an annual permit fee of $175.00 per year per pay telephone imposed for the administration and regulation of pay telephones in and the use or occupancy of the streets or sidewalks of the city. The pay telephone permit year shall begin on October 1 and end on September 30. The fee for any pay telephone permitted during the permit year shall be prorated to the end of the current permit year. The annual permit fee shall be due and payable on or before October 1. Permittee shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however, that such rate does not exceed the maximum amount allowed under applicable law. If said fee is not received in total by the city within 60 calendar days of the start of the permit year, the city shall notify the permittee and the permit shall be revoked and the pay telephone removed, in accordance with section 54-422. (c) The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. (1) All fee payments shall be subject to audit by the city and assessment or refund if the payment is found to be in error. (2) In the event that such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month from the date due until the date payment is made. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13195, § 5, 9-27-10)

Miami City Code § 54-419 Use of streets or sidewalks.

Sec. 54-419. - Use of streets or sidewalks. (a) Before commencing installation of a pay telephone(s) in any way connected with the streets or sidewalks of the city, the permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate city agencies, including but not limited to, the department of resilience and public works. Applications for such approval shall be made in the form prescribed by the director of resilience and public works or his/her authorized designee. Approval or denial of pay telephone permits shall be issued by the director within 60 calendar days of application for such permits, unless time is tolled due to an incomplete application or failure of applicant to respond to a written request from the department. (b) Upon obtaining such written approval, the permittee shall give the department of resilience and public works written notice of proposed installation within a reasonable time, but in no event shall such notice be given less than ten calendar days before such commencement except for emergency repairs of existing pay telephones, lines or cables. (c) Any person who submits a request for a permit in accordance herewith shall include therein fully executed agreements for the use of adjacent private property, if applicable, with the owner(s) of such facilities to be used or affected by the installation of the proposed pay telephone(s). (d) It shall be unlawful for the permittee or any other person to open or otherwise disturb the surface of any street or sidewalk for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the city. (e) The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets or sidewalks or as directed by the city's engineer in the field and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good a condition as such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner. (f) The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or sidewalk, or remove from such street or sidewalk, any of its property when required to do so by the city because of street or other public excavation, construction, repair, regrading or grading; traffic conditions; installation of sewers, drains, water pipes, city-owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit. (g) Nothing in this article or any permit issued in accordance herewith shall be construed as authorizing the permittee to erect and maintain new poles in areas served by existing poles, if the poles are available for permittee's cable. The permittee shall obtain written approval from the department of resilience and public works and other appropriate city agencies before installing any underground conduits where none exist. (h) The permittee shall keep accurate, complete and current maps and records of its facilities which occupy the streets or sidewalks within the city, detailed by linear foot and shall furnish, as soon as available, two complete and updated copies of such maps and records, including as-built drawings, to the department of resilience and public works on an annual basis. (i) The permittee, upon 30 calendar days' notice by the city, shall temporarily or permanently remove, adjust, raise or lower its facilities within the rights-of-way when the city determines that such action is needed for public use of the rights-of-way. (j) The permittee shall obtain the written permission of the owner, including the city, before it trims or prunes any tree or other vegetation. (k) The permittee shall comply with all rules and regulations issued by the department of resilience and public works governing the construction and installation of pay telephones. In addition: (1) All service drops to pay telephones shall be underground, unless otherwise determined by the department of resilience and public works. (2) Any other pay telephone installations may be required to be serviced underground, in accordance with City Code and departmental policy. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-420 Location and placement of pay telephones.

Sec. 54-420. - Location and placement of pay telephones. (a) The installation of pay telephones in any manner connected with the streets or sidewalks within the city shall be subject to approval by the department of resilience and public works and shall conform to the following requirements: (1) It shall be free of interference with the flow of pedestrians, wheelchairs or vehicular traffic. (2) It shall allow ingress or egress from any residence or place of business. (3) It shall be free of interference with the function of traffic signs or signals, hydrants or mailboxes. (b) Pay telephones shall be placed or otherwise secured, so as to prevent being blown down or around the street or sidewalk, but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants, mailboxes or other street amenities. (c) Pay telephones shall be placed, installed, used or maintained so as to be in compliance with chapter 54 of the Code and shall not be located within five feet of any pedestrian crosswalk, bus stop, taxistand or counter window or within 15 feet of any fire hydrant, fire callbox, police callbox, or other emergency facility. (d) The total number of pay telephones in a bank of pay telephones shall not exceed two. Except for subsequent application by the same permittee for the placement of an additional pay telephone adjacent to such permittee's existing pay telephone, the following minimum distance requirement, measured along the route of ordinary pedestrian travel, shall apply: unless approved in writing by the director of resilience and public works, no pay telephone shall be placed on the streets or sidewalks within 500 feet of any other pay telephone on the same side of the street or sidewalk within 500 feet of another pay telephone. (e) Pay telephones shall not be installed in T3 or T4-R transect zones, as described in Miami 21, the zoning code of the city, as amended. (f) Upon receipt by the director of resilience and public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire-rescue, the department of resilience and public works, or other city code enforcement personnel that the location and use of a pay telephone constitutes a public nuisance, in accordance with chapter 46 of the Code, as amended, 30 calendar days after proper written notice is given to the permittee, the director may require that the pay telephone to be restricted to outgoing calls only. Permitted shall, within 30 calendar days after proper written request is given by the department, seek permission from the public service commission to restrict the pay telephone to outgoing calls only. Permittee shall restrict the calls to outgoing calls within ten calendar days after receiving permission from the public service commission to do so. (g) In the event that a particular pay telephone does not meet the location and placement requirements set forth herein, an applicant who has otherwise met all the requirements of this article may appeal the decision of the department to the city manager within 30 calendar days of the date of the denial. It is the obligation of the applicant to submit all documentation in support of such appeal. The city retains the right to deny any such appeal if in the discretion of the city manager the supporting documentation submitted by the applicant does not alter the circumstances of the original denial. The city manager may order the issuance of the permit if it is shown that the issuance of such a permit is reasonable in light of all the information presented. (h) A plan or sketch of the location of the proposed pay telephone shall be prepared by the applicant and furnished to the department at the time of application, showing all required distances as outlined under subsections (a)—(d) of this section and in sufficient detail to describe the proposed size, location (referencing the zoned street and monument line), equipment and means of installation. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13467, § 2, 6-12-14; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14138, § 13, 2-9-23)

Miami City Code § 54-421 Standards for maintenance, installation and operation of pay telephones.

Sec. 54-421. - Standards for maintenance, installation and operation of pay telephones. Pay telephones shall comply with the requirements of all applicable federal, state and local laws, including the applicable provisions of the Americans with Disabilities Act of 1992 and the accessibility guidelines published in accordance thereto and with the following standards: (1) Pay telephone enclosures surrounding pay telephones shall not exceed eight feet in height, four feet in width or four feet in depth. (2) The design of all pay telephone enclosures, including signage, shall be subject to the approval of the department of resilience and public works. (3) Pay telephones shall be maintained in a neat and clean condition and in good repair at all times. (4) Any permittee who fails to maintain its pay telephone in working condition shall be given a 30-day written notice by the department to repair the pay telephone. If the pay telephone is not in working condition at the end of the 30-day period after proper notice is given, the department may revoke the permit and remove the pay telephone from the street or sidewalk, in accordance with section 54-422. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-422 Pay telephone permit revocation; removal generally and storage costs.

Sec. 54-422. - Pay telephone permit revocation; removal generally and storage costs. (a) Upon receipt by the director of resilience and public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire-rescue, department of resilience and public works, or other city code enforcement personnel that a pay telephone fails to comply with the terms of this article or other provision of the Code, as amended, including but not limited to, failure to obtain a pay telephone permit, the director shall conduct an investigation into the complaint. (b) If the investigation referenced in (a) above finds substantial evidence that the pay telephone fails to comply with the terms of this article or other provision of the Code, as amended, or if the pay telephone provider fails to remit the annual permit fee within 60 calendar days of the start of the permit year, in accordance with section 54-418, the pay telephone provider shall be notified in writing that if the violation is not cured within 30 calendar days, any existing permit issued by the department for the installation of the pay telephone may be revoked and/or the pay telephone shall be removed by the city from the street or sidewalk. (c) The pay telephone so removed shall be stored within a city facility. The city does not assume any liability for damage to the equipment removed and stored pursuant to this subsection. Any permittee whose pay telephone(s) has been removed and stored by the city pursuant to this subsection may reclaim said pay telephone(s) after payment to the city of an administrative fee of $75.00 plus storage costs, to compensate the city for costs incurred for its removal and storage. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14138, § 13, 2-9-23)

Miami City Code § 54-423 Bonds.

Sec. 54-423. - Bonds. (a) All persons submitting a request for a pay telephone permit shall file with their request bonds solely for the protection of the city with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the city from any and all damages or costs suffered or incurred by the city as a result thereof, including but not limited to attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond, which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any pay telephone permit issued in accordance herewith and thereafter until the permittee shall have satisfied in full any and all obligations to the city which arise out of or pertain to the pay telephone permit. (b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee under this article or any pay telephone permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. (Ord. No. 11937, § 2, 6-29-00)

Miami City Code § 54-424 Indemnity and insurance.

Sec. 54-424. - Indemnity and insurance. (a) The city shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the permittee's pay telephone(s). (b) Applicant agrees to indemnify, defend, and hold harmless the city, its officials, employees, agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost, penalties, fines, damages, claims of any nature (including but not limited to, libel, slander, invasion of privacy, and unauthorized use of any trademark, trade name, or service mark), including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to any property including the city, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the city, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the city, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the city, its instrumentalities, officials, employees, or agents, the city shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on city property and its instrumentalities, and shall be at the sole risk of the applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement. (c) Upon the granting of a pay telephone permit and at all times during the terms of the permit, including the time for removal of facilities as provided for herein, the applicant/permittee shall obtain, and provide to the city a certificate of insurance as follows: A certificate of insurance with respect to commercial general liability in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, personal and advertising injury, products, and completed operations. The certificate shall also afford coverage for contingent exposures and underground hazards, if applicable. The certificate must reflect primary and noncontributory language and list the city as an additional insured. The certificate shall further include coverage for all owned, hired, and non-owned vehicles with a combined single limit of $500,000.00 per accident also listing the city as an additional insured along with workers' compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance shall be subject to review and approval by the city's risk management department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the city's risk management department. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. The registrant/applicant shall provide 30 days prior written notice of cancellation to the city for any reason other than non-payment of premium in which ten days' notice shall apply. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13918, § 2, 9-24-20)

Miami City Code § 54-425 Police powers.

Sec. 54-425. - Police powers. Nothing in this article or in any pay telephone permit issued in accordance herewith shall be construed as an abrogation by the city of any of its police powers. (Ord. No. 11937, § 2, 6-29-00)

Miami City Code § 54-426 Transfers; assignments; subleases.

Sec. 54-426. - Transfers; assignments; subleases. (a) The permittee shall not transfer or assign its interest in any permit issued in accordance herewith, other than a general assignment of the permittee's entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the director, department of resilience and public works. For the purposes of this section, a merger of consolidation of the permittee with another company shall not be deemed a transfer or assignment. However, written notice thereof shall be given to director of resilience and public works. (b) The permittee shall, within ten calendar days, notify the city's resilience and public works director, in writing, of any sublease, license, or other agreement it enters into with any person authorized to use, lease or license any or all of the permittee's facilities and shall furnish the name, address and telephone number of such sublessee, licensee or other user. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-427 Service of notice.

Sec. 54-427. - Service of notice. All notices required to be given to the city under any provision of this article shall be deemed served when received through the U.S. Mail or delivered by hand in writing to the city's resilience and public works director or to any person in charge of the department during normal business hours. Any notice required to be given to a permittee under any provision of this article shall be deemed given, whether actually received or not, if sent by U.S. registered or certified mail, return receipt requested, postage prepaid, and addressed to the permittee at the address given in its most recently issued permit. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 54-428 No liability or warranty.

Sec. 54-428. - No liability or warranty. This article shall not be construed to create or hold the city responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any pay telephone permit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon, the city or any official, agent or employee thereof. (Ord. No. 11937, § 2, 6-29-00)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTXIUSPURI-WINPATEFetched: 11/1/2026