Construction Performance Bonds and cash deposits are financial guarantees required by the City of Miami to protect public property from damage during construction, excavation, or temporary events. These mechanisms ensure that the costs of repairing public infrastructure or cleaning up debris are borne by the permit holder rather than the city.
Construction and Grading
Under Ordinance No. 3746, owners or contractors must deposit a performance bond or cash deposit before receiving permits for construction, excavating, clearing, filling, or grading (p. 347). The Chief Building Inspector determines the amount based on the value of public improvements at the site, with a minimum deposit of $50.00 (p. 348).
- Purpose: To cover costs associated with damage to pavement, trees, shrubs, and other public property caused by heavy equipment (p. 347).
- Enforcement: If the site is not cleared of rubbish or construction sheds, or if damage occurs, the Chief Building Inspector may use the deposit to make repairs or remove materials after providing notice (p. 348).
- Appeals: Owners or contractors may appeal the determined amount to the Director of Public Service if they believe it is excessive (p. 348).
- Return: The deposit is returned after final inspection if no damage occurred and the site is properly cleared (p. 348).
Carnivals and Circuses
Ordinance No. 3971 establishes similar requirements for temporary events, specifically circuses and carnivals (p. 362).
- Minimum Deposits: A minimum of 100.00 for carnivals (p. 363).
- Assessment: The Chief Building Inspector considers the travel routes, site area, and value of public improvements to fix the deposit amount (p. 363).
- Enforcement: If damage to pavements, sidewalks, or curbs occurs, or if trash is left behind, the city may use the deposit for repairs and cleanup after a 48-hour notice period (p. 363).
Relation to Code Enforcement
These bonds are part of the broader code-enforcement-mechanisms used by the city to ensure compliance with regulations and protect public welfare. They complement the building-permit-process by adding a financial layer of accountability for potential negative externalities associated with construction and large gatherings.