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01/10/02 12180
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 55/SECTION 55-10(h)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SUBDIVISION
REGULATIONS/BUILDING PERMITS; ISSUANCE;
RESTRICTIONS; EXCEPTIONS," TO PROVIDE THAT
BUILDING PERMITS MAY BE ISSUED FOR PRIVATE
PROPERTIES LOCATED WITHIN THE BOUNDARIES OF
COMMUNITY REDEVELOPMENT AGENCY DISTRICTS DURING
THE PLATTING PROCESS PROVIDED THAT THE
EXECUTIVE DIRECTOR OF THE COMMUNITY
REDEVELOPMENT AGENCY AND THE DIRECTOR OF THE
CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS EACH
(1) MAKE WRITTEN FINDINGS THAT THE PROPOSED
DEVELOPMENT IS CONSISTENT WITH AND FURTHERS THE
REDEVELOPMENT PURPOSES OF CHAPTER 163, FLORIDA
STATUTES AND ALL APPLICABLE CITY AND COUNTY
REDEVELOPMENT REGULATIONS, AND (2) RECOMMENDS
THE ISSUANCE OF THE BUILDING PERMIT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 55 of the Code of the City of Miami,
Florida, as amended, is further amended in the following
x.21809
particulars:"
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec. 55-10. Building permits; issuance;
restrictions; exceptions.
(h) A building permit may be issued for
construction of improvements on private property
located within Community Redevelopment Agency ("CRA")
Districts or on governmental agency -owned land within
the boundaries of an approved tentative plat prior to
final plat approval and recordation thereof, subject
to the recording of an agreement executed by the
private property owner or the governmental agency, the
developer and the city, at the private property
owner's or the governmental agency's expense. The
provisions of the agreement shall include, as
applicable, but not be limited to:
Notwithstanding the foregoing, as to development
of private property located within the CRA districts,
a building permit may be issued only upon the
Executive Director of the CRA and the Director of the
City of Miami Department of Public Works each (1)
making written findings that the proposed development
is consistent with and furthers the redevelopment
purposes of Chapter 163, Florida Statutes, and all
applicable City and County redevelopment regulations,
1� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are
now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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and (2) recommending the issuance of the building
permit.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance is declared to be an emergency
measure on the grounds of urgent public need for the preservation
of peace, health, safety, and property of the City of Miami.
Section 5. The requirement of reading this Ordinance on
two separate days is dispensed with by an affirmative vote of not
less than four-fifths of the members of the Commission.
Section 6. This Ordinance shall become effective
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immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED BY TITLE ONLY this 10th day of
January , 2002.
EL. A. DIAZ, YOR
WALTER J
CITY CLE
TbZRMAND CORRECTNESS:
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zi If the mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
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