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Home My WebLink AboutO-13060Vop City of Miami Legislation < U R �O Ordinance: 13060 File Number: 08-01394a City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/12/2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14 ENTITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO UPDATE THE REFERENCE TO THE FLORIDA BUILDING CODE; TO PERMIT AN ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS/UNDERPASS, SUBJECT TO CITY COMMISSION APPROVAL BY RESOLUTION, BELOW THE RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE THE OWNER TO PAY USER FEE RELATED TO THE GRANTING OF PERMISSION BY THE CITY COMMISSION FOR THE ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS ABOVE OR UNDERPASS BELOW SAID RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE A COVENANT TO RUN WITH THE LAND AS A CONDITION FOR GRANTING PERMISSION FOR SAID ENCROACHMENT; TO PROVIDE THAT DELINQUENT COSTS OF RESTORATION AND SIMILAR COSTS SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN ON THE OWNER'S ABUTTING PRIVATE PROPERTY; PROVIDING A GOVERNMENTAL EXEMPTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the former South Florida Building Code has been replaced with the state-wide building code entitled Florida Building Code; and WHEREAS, the Florida Building Code authorizes local government having jurisdiction to allow and regulate the encroachment of enclosed space above and below a right-of-way; and WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), permits an encroachment of a pedestrian or vehicular overpass, subject to City Commission approval by resolution, above a right-of-way, public easement or emergency access easement area; and WHEREAS, to ensure the proper regulation of an encroachment below a right-of-way, public easement or emergency access easement area, it is necessary to include a pedestrian or vehicular underpass in the items that may be considered by the City Commission; and WHEREAS, in order for the City Commission to evaluate the request for an encroachment of a pedestrian or vehicular overpass above or underpass below a right-of-way, public easement or emergency access easement area, an applicant is required to submit a user fee for the value of the public benefit that is commensurate with the financial benefits that accrue to the property owner; and WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to City of Miand Page I of 4 File Id. 08-01394a (Version: 1) Printed On: 6/1/2017 File Number: 08-01394a Enactment Number: 13060 amend the City Code to update the regulations for the installation of pedestrian or vehicular overpasses or underpasses; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 55/Section 55-14 of the City Code, as amended, entitled "Subdivision Regulations/Encroachments on or in rights-of-way, public easements, private easements or emergency access easements; exceptions," is amended in the following particulars: {1} "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-14. Encroachments on or in rights-of-way, public easements, private easements or emergency access easements; exceptions (a) No building or any other type of structure shall be permitted on or in any right-of-way, public easement or emergency access easement, except required or approved utility installations, or as may be permitted under the South Florida Building Code or chapter 54 of the Code of the city; however,_ tThe city commission, by resolution, may permit an encroachment which does not unduly restrict use of the right-of-way, public easement or emergency access easement area where such encroachment is a necessary essential element in the construction of an otherwise authorized pedestrian and/or vehicular overpass above or underpass below said right-of-way, public easement or emergency access easement area -al d subject to payment of a one time user fee in accordance with subsection (c) hereinbelow and to the recording of a covenant to run with the land executed by the property owner in accordance with subsection (d) hereinbelow, with the payment by the owner of the reauisite user fee includina. but not limited to. the preparation and recordina of said covenant. c) Calculation of user fee. The user fee shall be calculated as follows: (1) Property owner must obtain a certified appraisal for the land value of the two properties from a certified general appraiser approved by the City. The land value per square foot of building shall be determined by dividing the total market value of the land comprising the entire project site by the maximum amount of building square footage that can be constructed by right as permitted by the applicable City Zoning Ordinance(s). (2) The estimated value of the aerial or subterranean rights shall be determined by multiplying the land value per square foot of building determined in (c)(1) above, by the total square footage of the proposed passageway(s) including multiple levels. City of Miand Page 2 of 4 File Id. 08-01394a (Version: 1) Printed On: 6/1/2017 File Number: 08-01394a Enactment Number: 13060 (d) Covenant to run with the land. The covenant to run with the land (covenant) shall be in a form acceatable to the Citv Attornev. The arovisions of the covenant shall include but not be limited to: (1) Maintenance of the overpass or underpass by the property owner in accordance with the Florida Building Code and the Charter and Code of the city. Restoration or removal of the encroachment by the arooerty owner within 30 days of written notification by the director of the department of public works to properly maintain, restore, or remove the overpass or underpass, as applicable. (3) In the event of failure of the property owner to restore, maintain or remove the overpass or underpass, when notified, the City Manager may contract for the restoration or removal of the overpass or underpass, and place a special assessment lien against the owner's abutting private Property for the unpaid cost of the restoration or removal. These unpaid costs and expenses incurred by the City or its agents shall constitute, and are hereby imposed as, special assessment liens against the abutting private real property of the owner, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with liens of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real Property involved. Such fees shall become delinquent if not fully paid within 60 days after their due date. The total outstanding balance of delinquent fees and related charges shall bear an interest charge of one percent per month, on any and all of the outstanding balance of the fees due, and if not fully paid with all accrued interest by the due date will continue to accrue interest at the rate of one percent per month. Unpaid and delinquent fees, together with accrued interest, shall remain and constitute special assessment liens against the private property owner's abutting real property involved which is deriving a benefit under this Chapter. Such special assessment liens for the repair, maintenance, removal or restoration costs and interest and costs thereon may be enforced by any of the methods provided in F.S. Ch. 85, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. Ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner shall pay all costs of collection, including reasonable attorney fees, court costs, and abstracting and related lien expenses imposed by this chapter. (4) Provision of an insurance policy, in an amount determined by the city's risk manager, naming the city as an additional insured for public liability and property damage. This insurance shall be in effect as long as the encroachment exists in the right-of-way, public easement or emergency access easement. If the property owner fails to continue to provide the insurance coverage, the city shall have the right to secure a similar insurance policy in its name and place a special assessment lien against the owner's abutting private property as set forth above in Sec. 55-14(c)(3), for the total cost of the premium. (5) The property owner shall hold harmless and indemnify the city, its officials and employees from any claims for damage or loss to property and injury to persons of any nature whatsoever arising out of the use, construction, maintenance or removal of the overpass or underpass and from and against anv claims which may arise out of the arantina of aermission for the encroachment or anv activity performed under the terms of the covenant. s e t The city manager or designee may permit an encroachment into a private easement, where said encroachment is not a safety hazard, subject to receipt by the city of written consent of the City of Miand Page 3 of 4 File Id. 08-01394a (Version: 1) Printed On: 6/1/2017 File Number: 08-01394a Enactment Number: 13060 holder(s) of the private easement(s), written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement, recommendations of approval from the departments of police, public works, fire -rescue, general services administration, planning, building and zoning, and an executed hold harmless and indemnification agreement for the benefit of the city in a form acceptable to the city attorney, with the herein exceptions being subject to compliance with all other requirements of law. (f) The user fee required under this section shall not apply to governmental entities and agencies, including state, county and city departments or instrumentalities that are exempted from payment of this user fee. *11 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 immediately upon its adoption and signature of the Mayor. {2} Footnotes: {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. {2} 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. City of Miami Page 4 of 4 File Id. 08-01394a (Version: 1) Panted On: 6/1/2017