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Miami Beach, FL Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code Sec. 98-166
Rental property liability
Occupant jointly and severally liable with owner
First violation fine
$50.00
Third violation fine
$500.00 (within 12 months)
Prohibited swale item
Triangular concrete buttons
Enforcement path
Section 1-14; appeals under chapter 30

Summary

Miami Beach property owners and occupants, including rental occupants held jointly liable, must keep abutting sidewalks, swale areas and curbs clean and free of hazards under City Code Sec. 98-166, with fines up to $500 for repeat violations.

A swale area is that area between the property line and the back of the street curb or the edge of the paved roadway. In the case of rental property, the occupant shall be held jointly and severally liable for compliance with those duties and obligations imposed upon the owner by this section. All owners of unimproved property and occupants, or occupants and owners of improved property, shall maintain their property in a clean and litter-free manner, including sidewalks, grass strips, alleys up to and including the median point of the alley, curbs, swale areas, or rights-of-way up to the edge of the pavement of any public street. Every merchant, storekeeper or operator of a business in the city shall sweep or cause to be swept the sidewalks adjoining his respective place of business, and continuing as often as necessary thereafter to keep the area clean, on each day such business shall be operated.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).

Full Breakdown

Sec. 98-166 defines the swale area as the strip between the property line and the back of the street curb or edge of the paved roadway, and it places an ongoing maintenance duty on both owners and occupants of property abutting that area. For rental property, the occupant is held jointly and severally liable along with the owner for compliance. Every owner of unimproved property, and every occupant and owner of improved property, must maintain sidewalks, grass strips, alleys up to the median point, curbs, swale areas, and rights-of-way up to the pavement edge in a clean and litter-free condition.

Every merchant, storekeeper or business operator must sweep the sidewalk adjacent to their place of business, and keep sweeping as often as necessary, on every day the business operates; swept debris must be picked up, not swept into the gutter, which is separately barred under section 46-92. The section also regulates what can sit in the swale area: round concrete buttons are allowed, but triangular concrete buttons are prohibited, and any other object of any size or material placed there is deemed hazardous. Enforcement runs through the citywide code enforcement procedure in section 1-14, with fines that escalate for repeat violations within a 12-month window, and appeals from a code compliance officer's citation go through chapter 30.

Violations & Fines

A property owner or occupant who lets litter, debris, or a hazardous object (such as a triangular concrete button) accumulate on an abutting sidewalk, swale area or curb faces a $50 fine for a first violation under Sec. 98-166(d), $100 for a second violation within 12 months, and $500 for a third violation within that same 12-month period, with appeals from a code compliance officer's citation handled under chapter 30.

Frequently Asked Questions

Who has to maintain the sidewalk in front of my Miami Beach property?
Sec. 98-166 places the maintenance duty on the property owner, and for rental property the occupant is held jointly and severally liable along with the owner, covering the sidewalk, curb, swale area and adjoining rights-of-way.
Does a Miami Beach business have to sweep its sidewalk?
Yes. Sec. 98-166 requires every merchant, storekeeper or business operator to sweep the sidewalk adjoining their place of business as often as necessary to keep it clean on each day the business is open.
What's the fine for not maintaining a sidewalk or swale area in Miami Beach?
A first violation of Sec. 98-166 costs $50.00, a second violation within 12 months costs $100.00, and a third violation within that same 12-month period costs $500.00.

Sources & Official References

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