The URL can be used to link to this page

Home My WebLink AboutO-11560J-97-607 10/20/97 ORDINANCE NO. 11560 AN EMERGENCY ORDINANCE AMENDING SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PROHIBITION OF VEHICULAR ACCESS", THEREBY ESTABLISHING A PROCEDURE AND FINANCIAL RESPONSIBILITY FOR REQUESTING THE VEHICULAR AND PEDESTRIAN ACCESS PROHIBITION TO AN UNIMPROVED PUBLIC ALLEY OR PARTIALLY UNIMPROVED ALLEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many subdivisions within the City of Miami contain alleys dedicated to the public intended to be a secondary means of access to the rear or side of properties ' otherwise abutting on a street; and WHEREAS, sorr}e of the aforesaid alleys are not improved and have not been utilized for access to abutting properties; and WHEREAS, numerous property owners have expressed concern that illegal dumping of refuse and illicit activities are occurring within unimproved public alleys or alleys with limited improvements; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of public safety and the general welfare of the City of Miami and its inhabitants to amend the City Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11560 • • Section 1 . The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 54-16 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:' - "Sec. 54-16. Prohibition of vehicular access. (h) The Commission shall have the power, after a properly advertised public hearing, to require that vehicular and pedestrian access to an unimproved public alley or partially unimproved alley be prohibited where such prohibition is found to be in the best interest of the public. The request for prohibited access to an unimproved .public alley or partially unimproved alley shall be initiated by the Department of Public Works or through said department by petition of all property owners abutting the alley, as determined by the director. Prior to the public hearing, the proposed prohibited access shall be reviewed by the Departments of Police, Fire - Rescue and Solid Waste, which shall make recommendations to the Commission at said public hearing. The proposed vehicular access restriction shall be accomplished by the placement of an approved fence and gate across all entrances to the alley, ensuring no access and no private use thereon unless the property is vacated. All expenses resulting from requests for prohibited access shall be borne by the applicant, (i.e., property owner(s), homeowner association(s), etc.). Expenses include, but are not limited to, newspaper advertising, postal correspondence and, upon approval of the Commission, all expenses related to the permits, installation of the fence and gates and other related improvements that may be required by the Department of Public Works." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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. '- Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. .Asterisks indicate omitted and unchanged material. 2 11560 Section 5. This Ordinance is hereby 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 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 28th day of October, 1997. JOE CAR O t, MAYO ATTEST: WALTE MAN, CITY CLERK SUBMITTED BY: 0'. - -0- QYZ J12W S J. KA , INTERIM DIRECTOR PUBLIC WORKS DEPARTMENT PREPARED AND YAMIL M. ASSIS ANI W371:C ATTORNEY MARIO SOLDEVILLA ADMINISTRATOR RISK MANAGEMENT APPROVED AS TO FORM AND CORRECTNESS: 3 11560 t of V ofi,y WALTER J. FOEMAN — ALBERTO RUDER City Clerk iIoc1'P 9J1 T I I City Manager December 10, 1997 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson: - Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11573 11574 11575 11578 If.I can be of any further assistance, please do not hesitate to call. Yours truly, r � i 4 Evan line Kil atrick Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A305) 250-5360/FAX: (305) 858-1610 9 0 CITT-tij of tams vofy K' �9 WALTER 1. FOEM.AN City Clerk CO. Fv, December 10, 1997 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: ALBERTO RUDER City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11-561. 11563 1564 11567 11571 1167a 11574 11676 11678 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk BY:�;' Deputy C erk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 Titij of ffliaml- WALTER I. FOEMAN City Clerk December 10, 1997 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12th Street Room 8100 - (8th Floor) Miami, FL 33125 Dear Ms. Maldonado: ALBERTO RUDER City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11573 11574 11575 11578 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman. City Clerk n, /. Deputy Jerk RECEIVED BY: -DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 i T 0 CITY OF MIAMI, FLORIDA4 j INTER -OFFICE MEMORANDUM TO OCT v /' Honorable Mayor and Members DATE 2 FILE of the City Commission SUBJECT :Amendment to City Code First Reading of Ordinance VUA 12--- Amending Code Section 54-16 FROM Edward Merq City Manager RECOMMENDATION: REFERENCES: ENCLOSURES :Ordinance It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 54 of the Code of the City of Miami entitled "Streets and Sidewalks" by amending Section 54-16 entitled "Prohibition of Vehicular Access" by establishing the procedure and financial responsibilities for requesting a vehicular and pedestrian access prohibition to an unimproved public alley, or alley with limited improvements. BACKGROUND: Many subdivisions in the City of Miami contain alleys dedicated to the public intended to be a secondary means of access to the rear or side of properties that also abut on a street. Some of these allew were never improved or have limited improvements and are generally not being utilized for. access by the residents, emergency vehicles or other official vehicles. Numerous property owners and Neighborhood Enhancement Team Safety Officers have expressed concern that illegal dumping of refuse and illicit activities are occurring within unimproved alleys and have requested that vehicular and pedestrian access be restricted by a fence and gate to reduce this unsafe activity. The attached Ordinance will establish a procedure to request the restriction of access to certain alleys and ensure the proper public and staff review of all such requests. Only access to the alley may be restricted, the alley will remain public and under the jurisdiction of the City. 11560 J CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO : Walter J. Foeman City Clerk FROM James J. Ka , Interi irector Public Works Department DATE : July 31, 1997 SUBJECT : Request to Publish Notice of Public Hearing Ordinance Amending REFERENCES: Code Section 54-16 ENCLOSURES Advertisement Please make arrangements to publish a Notice of Public Hearing for objections to a proposed Amendment to Section 54-16 of the Code of the City of Miami, Florida, as amended, entitled "Prohibition of Vehicular Access". The Public Hearing has been scheduled for J .1997 Please charge to index code: 310201-287 APPROVE Elvi Alonso Agenda Coordinator AI P/m CC: Civil Engineering Cost Analysis Len Helmers Central FILE 11560 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami, Florida, on , 1997, at , in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing from any interested parties affected by the proposed Amendment to Section 54-16 of the Code of the City of Miami, Florida, as amended, entitled "Prohibition of Vehicular Access" requesting the vehicular and pedestrian access prohibition to an unimproved public alley or partially unimproved alley. All interested persons are invited to appear and may be heard concerning this proposed increase in contract. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. Walter J. Foeman City Clerk Miami, Florida I1560 • • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11560 X.......XXX.. In the .................................. Court, wIn p blisTel I, saldyggpaper In the Issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one r ext preceding the first publication of the attached cop of a artisement; and afflant further says that she has nel er p d nor promised any person, firm or corporation an disc nt, rebate, commission or refund for the purpose etc ng this adv Isement for publication in the said ne er. r 14 ...... t lay of 9...... (SEAL) OFFICIAL NOTARY SEAL Sookie Williams personnown 4,me. JANETT LLEREHA COf.11u WON NUMBER ? Q CC566004 MY COMMISSION EXPIRES OF FVO JUNE 23,2000 :-10ITY,0V U0AMI, FLOE3B®A' All inteiested persons . -will take notice that on 1he„28th ;day of October=.t997;:the City Commission of. Miami Honda; adopted the following titledp ordinances: ORDINANCE NO 59 `AN EMERGENCY ORDINANCE`ESTL-IG A CIAL AL GRA14VAWARD PROGRAM FY S9' 9 APPFIff RIAT- ING ':FUNDS FOR THE OPERATdffF_@4MAME;W THE :. 'AM OUNT'OF;$27,389A0:AUTHORIZNI IECItx14ANA` GER.'TO'AcCEPT_.A GRANT FRCR- FWFIIQD4'DE--W `-PARTMENT OF ENVIRONMENTAL CTiC .-(DEP)< AND TO EXECUTE THE NECESSA UME, IN A FORM ACCEPTABLE TO THE, Cl RNEY O-AM- PLEMENTACCEPTANCE, OF'"SAIDiQRA 'CON AINING A REPEALER PROVISION AND A,SBVE _ IUTY,(BUSE.. ORDINANCE N$$ , AN EMERGENCY- ORDINANCE:_l0� SECTION.54< �16 IF -_THE CODS OF THE CITY_OF MIAMI^FLORID* :AS ZESSI THEREBY ESTABLISHINU�.A, l-HUUt:UUnC vy - FINANCIAL RESPONSIBILITY FOR. REQUESTING 'ruTHE VEHICULAR AND PEDESTRIAN -ACCESS "PROHIBITION TO AN UNIMPROVED. PUBLIC ALLEY. -'OR PARTIALLY UN- IMPROVED- ALLEY; CONTAINING, A ,REPEALER' PROVI= " SIGN `AND A .SEVERABILITY CLAUSE; AND PROVIDING= FOR AN EFFEP:WE DATE. ORDINANCE NO 11561 AN EMERGENCY ORDINANCE AMENDING SECTION 14- '' . -285; ENTITLED . EMPL`OYEES GENERALLY OFTARTICLE V. ENTITLED:• .'SOUTHEAST-. OVERTOWN/PARK WEST REDEVELOPMENT OISTRICT:'AND COMMUNITY_ BEDEW ELOPMENT AGENCY' .('CRAj OF;THE .'CODE,OF- :THE £ITY:OF MIAMI;°,FLORIDA,, AS AMENDED; THEREBY pE- SIGNATING THE : DIRECTOR = QF :THEDEPARTMENT .OF PLANNING`AND DEVELOPMENT`A$.THE,CHIEF EXE- CUTIVE'OFFICER:OF'THE AA ANd:?ROVIDING ADDI : TIONAL :STAFF _SUPPORT TO THE`CRA XONTAINING;A REPEALER' PROVISION AND;* SEVERABILITY CLAUSE PROVIDING FOR �AN EFFECTIVE DATE? ORDINANCE::NO 11562 AN; EMERGENCY.. ORDINANCE AMENDING SECTIONS_ ] ; OF ;;CAPITAL.`IMPROVEMENTS-ORDINANCE. N6-:11337 a;• -AS AMENDED ADOPTED JANUARY.25 1996 .THEREBY REVISING AND ESTABLISHING NEW CAPITAL IMPROVE r MENT PROJECTS TO- BEGIN ;'DURING FISCAL'YEAR 1997 :PROIDINrFREFSEVERABILITY:CLAUSE ANDQ FECTIVE DATE ORDINANCE.NO 11563 ' AN EMERGENCY ,ORDINANCE WITH; ATTACHMEN(S) "-AMENDINGCODE OF.TNE,CITY'OF,MIAMI',FLORIDA - c AS AMENDED . TO:;PERMFT;'THE` SALE;.. DISPENSING POSSESSION; AND CONSUMPTION OF.ALCOHOLIC,BE 'VERAGES• AT THE;FEC-PROPERTY; MIAMI, -FLORIDA I LEGALLY DESCRIBED' ATTACHMENT A ATTACHED" HERETO- AND MADE -'A PARTHEREOF; MORE ;PAR 'TICULARLY BY. AMENDING SECTIONS .38-69-;AND: 38-70 OF SAIDCOD A_ REPEALER,PROVISI0' AND.A SEVERABILITY CLAUSE ORDINANCE NO 11564 AN EMERGENCY ORDINANCE RELATING TO IMPLEMEN TATION OF -CHARTER AMENDMENT;NO 1;'BY�AMEND ING SECTIONS OF THECODE OF THE CITY OF`_MIaMI FLORIDA, "As, AMENDED ; TO.EFFECTUATE THE PROVI SIGNS REGARDING' THE. EXECUTIVE.. MAYOR AND SINGLE MEMBER.DISTRICTS; MORE•'PARTICULARLY•BY_ ; AMENDING CHAPTERS 1..2,-4, 11 14,-16,-18 -22; 23,. 29,. 35, 38, 40, 45, AND 46 OF.SAID'CODE;-CONTAINING, A: REPEALER PROVISION` ANDA-SEVERABILITY CLAUSE; J PROVIDING FOR AN EFFECTIVE DATE • 0140INANGE;N®.11565 AN EMERGENCY ORDINANCE` AMENDING ORDINANCE NO. 10021, ADOPTED_:DULY` 18. 1985 AS• -AMENDED;: WHICH -ESTABLISHED- : INITIAL RESOURCES, AND INITIAL,, APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST,-: :FUND, RECEIVED AND; DEPOSITED PURSUANT•T•O ORDI-t,-' `NANCE"NO� 92SZ ADOPTED APRIL 9;,.1981 THEREBY PROVIDING `FOR AN INCREASE` IN, THE• AMOUNT OF 11 -1 $672,453.01), AS"A RESULT OF ADDITIONAL MONIES DEP OSITED .IN SAID FUND -DUE TO _SUCCESSFUL FORFEI- TUBE ACTIONS; CONTAINING A�REPEALER PROVISION . AND SEVERABILITY CLAUSE ORDINANCE NO01567 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 4 ENTITLED ALCOHOUG BEVERAGES;' BY` -AMENDING I SECTION 4 1 ` ENTITLED:.'EXCEPTIONS: TO • DISTANCE REQUIREMENTS; TO ADD -EXCEPTIONS`FORL•EGITI MATE LIQUOR '.ESTABLISHMENTS ;WHICH PRECEDE:' SCHOOLS OR'CHURCHES--CONTAINING i A REPEALER PROVISION AND A_SEVERABILITY CLAUSE; AND PRO -, VIDING FOR AN EFFECTIVE DATE. ,r ORDINANCE NO. . AN •ORDINANCE`;AMENDING":THE ZONING ORDINANCE'' s ua3Y:AMENDING� tanON1101:5 TO'SET FORTH,REGULA -m. TIONS 'CONCERNING, -THE STATUS _'OFF .LEGITIMATE•; ` -LIQUOR ESTABLISHMENTS WHICH• PRECEDE: CHUR ,' CHES :OR SCHOOLS; :CONTAINING A' REPEALER PROVI='. :SION•AND SEVERABILITY:CLAUSE ANP:PROVIDING FOR 'AN. EFFECTIVE DATE ; " + ORDINANCE NO. 11569. ` �_. AN ORDINANCE.AMEN6lNG ORDINANCE�NO. _1:1000 THE ZONING ORDINANCE,; BY..AMENDING,'ARTICLE 6; SEC- .- TION 602.11: TO'MODIFY.SIGN.'REGULATIONS'FOR THg7''` •;l; - SOU-G ;VVI+VrvN.l:. ynvvc--. ... -' TRICT,`TO-CONDITIONALLY ALLOW FREE-STANDING DI �,;. : RECTIONAL"SIGNS; -CONTAINING 'A`:REPEALER PROVI- SIOW AND :A.-SEVERABILITYi CLAUSE;".AND PROVIDING FOR AN EFFECTNE DATE ORDINANCE NO.11570 . AN.ORDWANCE AMENDING.THE ZONING:ATLAS-0F THE'• CITY OF fd1AMI, FLORIDA,:FOR'THE PROPERTY-'t ED ;AT,45"8:,BRICKELL_ AVENUE BY: ADDING THE ,HP " HISTORIC 'PRESERVATION OVttt'aY'DISTRICT CON TAINING A'REPEALER PROVISION AND;A SEVERABILHY. :.CLAUSE; ANDrPROVIDING FOR AN•EFFECTIVE'DATE ORDINANCE NO: 11571.,,, ,AN EMERGENCY ORDINANCE AMENDING SECTION 53 152 OF,. THE'CODE OF_THE.CITYOF`MLAMI,;FLORIDA A$;•- AMENDED; ENTITLED:; 'RATES: AND'CHARGES', PER- "TAINING.:TO USER FEES_ FOR `NON-PROFIT, ORGANIZA TIONS'AT THE COCONUT GROVE CONVENTIONCENTER ": THEREBY CHARGING FEES; CONTAINING -A REPEALER PROVISION -AND A=SEVERABILITY;CLAUSE Said ordinances may be inspected by: the public at the Office of, the, City Clerk, 3500 Pan American• Drive, Miami, Florida; Monday.through Friday, excluding holidays; between the hours.of 8 a.m. and 5 p.m. c o WALTERJ`.FOEMAN- a . CITY CLERK ' (#4735) 11/1.4 97 4-11 t�l4t ifir 17 3mo .., E • MIAMI DAILY BUSINESS REVIEW Pub_ lishe_ d Daily except Saturday, Sunday and Legal Holidays " Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI AN ORDINANCE AMENDING SECTION 54-16, ETC. inthe ...................... KXXXX................................. ...... Court, was published in said newspaper in the issues of Oct 17, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal'Holidays) and has been entered as second class mail matterat the —post office In Miami in said Dade •County, Florida, for a period of one year next preceding the first publication'of the attached copy of .advertisement; and affiant further says that she has neither paid or promised ��or corporation any disco t, ebate, commor the purpose ofsec qqMs advertiseon m the said _ .... ...... _... /. ..... ........... 17 Sw r O d subscribed before me this-- ......day of ......... .................................... .. . . 9...... (SEAL) p OFFICIAL NOTARY SEAL 1P !/B JANIEETT LLERENA Octelma V. Ferb ►� owrtt%W-kgrht NUMBER tp, Q CC566004 7. �� MY COMIMIMON EXPIRES FOF F%O JUNE 23,2000 - GIYT- 6UF; BIII�iiFa�Nly FLVfi1�7A..:_. • � _ . - NOTIC.E OV-PROPOSED ORDINANCES Notice is heraby,gnieriGhat the City Commission of the City of Mi-' ami; Florida, -will consider the following ordinance on second and final reading-on,October 28,.1997, commencing at;9:00 aJh in •the City - Commission Chambers 3500 Pan American DriveMia i Florida:; O ORDINANCE NO. `� 6 ` ` AN' .ORDINANCE, -AMENDING 'SECTION, 54161rOF::THE; CODE OF THE CITY OF MIAMI; FLORIDA,AS'AMENDED,,- ENTITLED:. 'PROHIBITION - OF :VEHICULAR - ACCESS;° THEREBY- ESTABLISHING.,-. A 'PROCEDURE AND FINANCIAL RESPONSIBILITY . FORi REQUESTING THE VEHICULAR'AND PEDESTRIAN'- ACCESS ' PROHIBITION . ;TO AN:UNIMPROVED PUBLIC ALLEY OR PARTIALLY -UN -IMPROVED ALLEY;; CONTAINING REPEALER..PROVISION AND A SEVERABIUTY CLAOSE AND PROVIDING FOR AN EFFECTIVE DATE:,. . Said`proposed•ordinance may be"inspected by the public at the Of- Tice. of the City Clerk, 3500 Pan American Drive, Miami, Florida; Mon- ,day.,through'Friday; excluding, holidays; between the hours of 8 a.m. ".and 5 p.m. All-interested:persons may appearat,tha meeting and be. heard with respect -to the proposed'ordinance Should any persondesire to appeal 'any.decision of the City. Commission with respect to any matter,to•be "considered':atthis meeting, that person -shall ensure that a verbatim .record; of .the, proceedings -is made: includ"irig, all testimony .and eviderice upon* hich"any appeal may. be based. "= of WALTER J. FOEMAN °ems a° CITY CLERK 1.4