HomeMy WebLinkAboutR-02-0393J-02-348
4/11/02
RESOLUTION NO. 02- 393
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER, PURSUANT TO
SECTION 2105.4 OF THE ZONING CODE, TO
SUSPEND THE PROCESSING OF ALL PERMIT
APPLICATIONS FOR THE ERECTION AND
CONSTRUCTION OF OUTDOOR ADVERTISING
STRUCTURES IN THE CITY OF MIAMI FOR A PERIOD
OF SEVENTY-FIVE (75) DAYS IN LIGHT OF THE
ENACTMENT OF CHAPTER LAW 2002-13, LAWS OF
FLORIDA ("BILLBOARD LAW").
WHEREAS, the Florida Legislature has adopted House General
Bill 0715, as amended, which Bill was signed into law on April 4,
2002 and is now known as Chapter No. 2002-13, Laws of Florida
("Billboard law"); and
WHEREAS, the Billboard law requires a process for
governmental entities and owners of outdoor advertising
billboards to enter into "relocation and reconstruction
agreements" regarding outdoor advertising billboards whenever
government entities remove or cause the removal of certain
lawfully erected billboards, or cause the alteration of such
billboards if the alternation constitutes a taking under state
APR, 1 1 2002
aox0haWn rte.
02- 393
law, and further requires just compensation to billboard owners
if agreements cannot be reached; and
WHEREAS, the Billboard law applies to "lawfully erected
sign(s) the subject matter of which relates to premises other
than the premises on which it is located or to merchandise,
services, activities, or entertainment not sold, produced,
manufactured, or furnished on the premises on which the sign is
located," and thus applies to lawfully erected outdoor
advertising billboards in designated areas; and
WHEREAS, the Billboard law amends Sections 163.3180,
334.044, 339.135, and 479.15, Florida Statutes, and creates
Sections 70.20 and 479.25, Florida Statutes, and amends the term
"federal -aid primary highway system" as used in the Billboard
law; and
WHEREAS, the Billboard law becomes effective July 1, 2002,
and may have a significant adverse impact upon the ability of
local municipalities such as the City of Miami to exercise Home
Rule police powers with respect to the outdoor advertising
industry; and
WHEREAS, the Billboard law may cause a significant
financial burden upon municipalities such as the City of Miami
if agreements cannot be reached to remove billboards, and if as
a result "just compensation" must be paid to the outdoor
Page 2 of 5
02- 1,93
advertising industry for removal or alteration of outdoor
advertising billboards; and
WHEREAS, it is in the best interests of the City and its
residents that the City be prepared to address concerns and
potential problems that will be caused by the Billboard law
immediately upon its effective date; and
WHEREAS, the short period of time that remains before the
effective date of the Billboard law has created an emergency in
that there is an immediate need for the City to develop
processes and procedures necessary to implement the Billboard
law in a manner that is in the best interests of the City and
its residents, no later than July 1, 2002; and
WHEREAS, it is in the best interests of the residents of
the City that the City Manager be directed to develop, with City
staff, the processes and procedures necessary to implement the
Billboard law in a manner that is in the best interests of the
City and its residents, and minimizes any potential financial
burden to City residents; and
WHEREAS, it is in the best interests of the City that until
such processes and procedures are in place, and for a period not
to exceed 75 days from the date hereof, that the City Manager
temporarily suspend the processing of permit applications for
the erection and construction of outdoor advertising structures
in the City of Miami;
Page 3 of 5
®2- 393
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is directed, pursuant to
Section 2105.4 of the Zoning Code, to suspend the processing of
all permit applications for the erection and construction of
outdoor advertising structures in the City of Miami for a period
of seventy-five (75) days in light of the enactment of Chapter
Law 2002-13, Laws of Florida ("Billboard Law").
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City
Commission.
Page 4 of 5
02- 393
PASSED AND ADOPTED this 11th day of April
ATT ST:
6 4, a-
PRISCILLA A. THOMPS
CITY CLERK
APPROVED/SSS TCY FORM AbZ CORRECTNESS:
C
W6 A 2 : JEM : BSS
At
Page 5 of 5
2002.
TO
CITY OF MIAMI, FLORIDA POCKET ITEM 6
INTER -OFFICE MEMORANDUM
Honorable Mayor Diaz and
Members of the City Commission
FROM: Arthur E. Teele, Jr.
Commissioner
DATE:
FILE:
April 11, 2002
SUBJECT:
Pocket Item: Temporary Suspension of
Permit Applications: Outdoor
Advertisement
REFERENCES:
By this memorandum, I am respectfully requesting to discuss the following resolution as a
pocket item;
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER, PURSUANT TO SECTION 2105.4 OF THE ZONING CODE, TO
SUSPEND THE PROCESSING OF ALL PERMIT APPLICATIONS FOR THE
ERECTION AND CONSTRUCTION OF OUTDOOR ADVERTISING STRUCTURES
IN The CITY OF MIAMI FOR A PERIOD OF SEVENTY-FIVE (75) DAYS IN LIGHT
OF THE ENACTMENT OF CHAPTER LAW 2002-13, LAWS OF FLORIDA
(`BILLBOARD LAW")
Thank you.
Cc: Alejandro Vilarello, City Attorney
Priscilla A. Thompson, City Clerk
02-19