HomeMy WebLinkAboutO-12140J-01-669
10/10/01
ORDINANCE NO. 12140
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTERS 54 AND 55 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS" AND
"SUBDIVISION REGULATIONS," RESPECTIVELY, TO
REMOVE THE REQUIREMENT OF SEEKING THE CONSENT
OF ADJOINING PROPERTY OWNER(S) FOR THE
VACATION AND CLOSURE OF ANY RIGHTS-OF-WAY
AND/OR PLATTED EASEMENTS AND RE -PLATTING IN
CONNECTION THEREWITH, PROVIDED THAT THE
SUBDIVIDER RECORD SUITABLE ACCESS EASEMENT(S)
AND PROVIDED, FURTHER, THAT NOTICE AND PUBLIC
HEARING BE AT THE SOLE COST AND EXPENSE OF
THE SUBDIVIDER; MORE PARTICULARLY BY AMENDING
SECTIONS 54-4 AND 55-15 OF SAID CODE;
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. Chapters 54 and 55 of the Code of the City of
Miami, Florida, as amended, entitled "STREETS AND SIDEWALKS" and
"SUBDIVISION REGULATIONS," respectively,", are amended in the
following particulars:l/
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.
12140
"Chapter 54
STREETS AND SIDEWALKS
Article I. In General
Sec. 54-4. Closing and vacating of streets.
(a) When any owner of property abutting any
public street or alley located within the city wishes
to close such street or alley or any portion thereof,
he shall file in the office of the clerk of the circuit
court in and for the county a record plat of the
property through which passes the street or alley or
portion thereof which is sought to be closed, such plat
to show the alley or street or portion thereof as being
closed and to include all property abutting thereon
except as provided in subsection (b) below.
(b) The record plat required by this section
shall be prepared and executed in accordance with the
laws of the state and with the rules and regulations of
the public works department, and shall be signed and
executed by the owners of all the abutting property,
including but not limited to, those property owners
abutting streets or alleys sought to be vacated and
closed. Provided, however, execution by property owners
abutting streets or alleys sought to be vacated and
closed is not required when the applicant: (a) provides
suitable access easement(s), (b) provides an
indemnification, hold harmless and agree to defend
affidavit to the City, in a form acceptable to the City
Attorney (c) provides a bond acceptable to the City's
risk manager to be effective throughout the applicable
statute of limitations, (d) pays for the cost and
expense of written notices, United States First Class
Return Receipt Requested, and public hearings and (e)
otherwise fully complies with the requirements of
section 55-15 of this code. The record plat shall also
be signed and executed by any persons holding any
mortgage, lien, judgment or other interest in the
street or alley er ic pper
-batting tYr or.��
Fo=on
r t-
thereef. Notwithstanding the foregoing, governmental
agencies may consent to, rather than execute the actual
plat.
Page 2 of 4
82140
Chapter 55
SUBDIVISION REGULATIONS
Sec. 55-15. Vacation and closure of rights-of-way
and platted easements by plat.
(b) Plat and street committee review of tentative
plat. All tentative plats involving vacation and
closure shall be reviewed for compliance with all
technical requirements of this chapter by the plat and
street committee, and including the following criteria:
(3) Where the subdivider requests the vacation
and closure of a portion of the right-of-way
connecting two streets, he shall provide a
cul-de-sac specified in section 55-11 "Design
standards." This cul-de-sac shall be fully
within the property being platted. All
property owners abutting the right-of-way
between the two streets shall join in the
plat abandoning and disclaiming all right,
title and interest in the portion of the
right-of-way being closed except as provided
in subsection (b) below.
(4) Where the subdivider requests the vacation
and closure of a portion of an alley, he
shall provide on his property suitable access
from the closed end of the alley to the
nearest public street, or streets, as
required by the plat and street committee.
All property owners abutting the alley shall
join in the plat as required in subsection
(b)(3), except as otherwise specifically
provided in section 54-4 of this code.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Page 3 of 4
12140
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 shall become effective thirty
(30) days after final reading and adoption thereof.21
PASSED ON FIRST READING BY TITLE ONLY this 11th day of
October , 2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of October
ATTEST:
, 2001.
JOE CAROLLO, MAYOR
in a ance with fVian;ii Code Ser. 2-36, sine; the Mayor lid not indicate approval of
',isl-ation by si,,ninq et in t1ho d i -t-U
vr.
,�s�/
G > i i'i+vCliYe with tri, 4 ,-'n( "�' vrri iii:; d C :iCmrn:
regarding same, without the rvi�v �E �:er �sd ir�nl� }ars,
City Clerk
WALTER J. FOEMAN
CITY CLERK/'
APPROWED AS
W
y
O VIL
LLO
TT
ORNEY
1 18.Y
T:BSS
CORRECTNESS:&
i
This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is
later.
Page 4 of 4
12140
SEW BY: D' STRICT 2 _r 1
SF "OND READING
ORDINANCE COMMISSIONER WINTON
10: Carlos A. Gimenez, City Manager DATE: October 4, 2001 FILE
suR,ec~r Amendment of Sections 54-4
and 55-15 of the City of
Miami Code
MOM: 11 1 11CM-FIENCM :
Commissioner Johnny L.Winton
F.HM M. I InF$:
Please place on the City of Miami Commission Agenda for October 11, 2001, a
discussion regarding the amendment of Section 544 (Closing and vacating or streets) and
Section 55-15 (Vacation and closure of right-of-ways and platted casements by plat) of
the City of Miami Code. The amendments will remove the requirement of consent from
the adjoining property owner(s) for the vacation and closure of any right-of-way and/or
platted easements and re -platting in connection therewith, provided that the subdivider
record suitable access easement(s) and pays for the cost and expense of notice and a
public record.
cc. Elvi Alonso, Agenda Coordinator
12140