HomeMy WebLinkAboutO-12636City of Miami
Legislation
Ordinance: 12636
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00674 Final Action Date: 12/9/2004
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, TO PROVIDE FORA NEW ARTICLE NO. 8.1 ENTITLED TREE
PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY;
PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS,
REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE
MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND
REMEDIES; CONTAINING A REPEALER PROVISION AND A SEVERABLITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of June 2, 2004, Item No. 12,
following an advertised hearing, adopted Resolution No. PAB 71-04 by a vote of eight to zero (8-0),
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting of November 3, 2004, Item No. 6,
following an advertised hearing, adopted Resolution No. PAB 129-04 by a unanimous vote,
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by amending the text of said Ordinance by adding a new Article as follows:
"ARTICLE 8.1. TREE PROTECTION
Sec. 8.1.1. Intent and Purpose.
The intent of this article is to protect, preserve and restore the tree canopy within the City by
regulating the removal, relocation and trimming of trees.
The purpose of this article is to assure that the design and construction of all development activity is
executed in a manner consistent with the preservation of existing trees to the greatest extent
possible.
Sec. 8.1.2. Definitions.
City of Miami
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For the purposes of this article, the following definitions shall apply:
Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property under a
written lease and who is authorized to apply for a building permit.
Arborist, Certified: One who is well -versed in the art of arboriculture, including tree surgery, the
prevention and cure of tree diseases, and the control of insects, and who has International Society of
Arboriculture (ISA) Arborist Certification.
Code Enforcement Board: The Code Enforcement Board of the City of Miami appointed pursuant to
the applicable provisions of the Miami City Code.
Controlled Tree Species: Those tree species that tend to become nuisances because of their ability
to invade proximal native plant communities or native inhabitants, but which, if located and cultivated
properly, may be useful or functional as elements of landscape design. This article incorporates by
reference the Miami -Dade County Landscape Manual listing of controlled tree species.
Crown: The upper branches of the tree canopy.
Department: The Department of Code Enforcement, or that department/office in which the code
inspectors as defined in Section 2-813 of the Miami City Code are located.
Diameter (DBH): The diameter at breast height of a tree's trunk measured at a height four and
one-half feet above grade. In the case of multiple -trunk trees, the DBH shall mean the sum of each
trunk's diameter measured at a height four and one-half feet above grade.
Exotic Tree Species: A plant species that has been introduced from other regions, and is not native
to the region to which it is introduced.
Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree. This practice is
sometimes employed to kill a tree.
Grade: The ground level of a subject property, which measures the degree of rise or descent of a
sloping surface.
Hatracking: The flat cutting of the top of a tree, severing the leader or leaders, or the removal of any
branch three inches or greater in diameter at any point other than the branch collar, i.e., that point
where the lateral branches meet the main trunk.
Landscape Manual: The Miami -Dade County Landscape Manual, latest edition, which is the official
landscape manual issued by Miami -Dade County, Florida. The Landscape Manual, as amended from
time to time, is adopted by reference by the City and deemed as being incorporated by reference as if
set forth herein, providing that in the event of an express conflict between the Landscape Manual and
this article, the latter will prevail.
Mitigation: Those trees that are planted in order to restore tree canopy within the City and to replace
existing trees that are authorized to be removed under this article.
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Native Tree Species: Plant species with geographic distribution indigenous to all or part of
Miami -Dade County. Plants which are described as being native to Miami -Dade County in botanical
manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela, are native plant
species within the meaning of this definition. This article incorporates by reference the Miami -Dade
County Landscape Manual listing of native tree species.
Person: As per the definition set forth in Section 1-2 of the Miami City Code.
Prohibited Tree Species: Those tree species that are detrimental to native plants, native wildlife,
ecosystems, human health and/or safety and welfare. This article incorporates by reference the
Miami -Dade County Landscape Manual listing of prohibited species.
Protective Barriers: Barriers that are placed around existing trees to provide protection during
construction on a subject property. Refer to the Landscape Manual for alternative tree protection and
support details.
Pruning/Trimming: The selective cutting of tree/plant parts to encourage new growth or better
flowering; to remove old stems or deadwood; or to shape trees according to ANSI A300 Standards.
Roots/Root Systems: The parts of the tree containing the organs that extract water, gases and
nutrients from the soil and atmosphere.
Site Plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location of
all relevant site improvements including structures, parking, other paved areas, ingress and egress
drives, landscaped open space and signage.
Sound Nursery Practices: The various procedures involved in landscape nursery work that are in
compliance with the Florida Department of Agriculture and Consumer Services standards.
Special Master: The person(s) appointed pursuant to the applicable provisions of the Miami City
Code to preside over code enforcement hearings in the same capacity as the Code Enforcement
Board. The Special Master for purposes of this Article shall be synonymous with and have all powers
of the Code Enforcement Board and these two terms may be considered to be interchangeable.
Spread: The aerial extent of the branches and foliage of a tree.
Stems: The main upward axis of a tree, having nodes, bearing leaves above the ground, serving to
support the tree and to transport and store food materials.
Specimen Tree: A tree with any individual trunk, or if a multiple trunk tree, the sum of the diameter of
all trunks, which has a diameter at breast height (DBH) of 18 inches or greater, but not including the
following:
a. Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit,
including, but not limited to, mangos, avocados or species of citrus;
b. Non-native species of the genus Ficus; and
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c. All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which have a minimum
overall height of 15 feet.
Tree: Any self-supporting perennial plant that has a diameter at breast height (DBH) of two or more
inches with a minimum height of 12 feet above grade.
Tree Abuse: Tree abuse shall include:
a. Damage inflicted upon any part of a tree, including the root system, by machinery, construction
equipment, cambium layer penetration, storage of materials, soil compaction, excavation,
chemical application or spillage or change to the natural grade;
b. Hatracking;
c. Girdling or bark removal of the trunk;
d. Tears and splitting of limb ends or peeling and stripping of bark resulting from improper pruning
techniques not in accordance with the current ANSI A300 Standards; or
e. Excessive root cutting.
Tree Removal Permit: The permit required to remove and/or relocate existing tree(s) on or from a
subject property.
Sec. 8.1.3. Applicability.
The provisions of this article shall apply to all public or private property within the City, unless
expressly exempted by law.
Any tree removal on a public or private right-of-way or on property owned by the City shall also be
subject to the requirements of Article III of Chapter 17 of the Miami City Code, which requires a permit
from Public Works.
All trees located within Environmental Preservation Districts shall also be subject to the requirements
of Chapter 17 of the Miami City Code.
All trees located within Natural Forest Communities shall also be subject to the requirements of Article
III of Chapter 24 of the Miami -Dade County Code, as amended from time to time.
All mangrove trees and any tree located upon land which is wetlands as defined in Section 373.019,
Florida Statutes, as amended from time to time, shall also be subject to the permitting requirements
of Article II of Chapter 24 of the Miami -Dade County Code, as amended.
Sec. 8.1.4. Tree Removal Permit Applications, Requirements and Review, Fees.
8.1.4.1. Permit, When Required. A tree removal permit shall be required for the removal or relocation
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of any tree within the City, unless exempted by Section 8.1.11. A tree removal permit shall also be
required for the pruning or trimming of more than 25 percent of the canopy of a tree. No person,
agent or representative thereof, directly or indirectly, shall cut down, remove, relocate or effectively
remove through tree abuse any tree situated on any property described in Section 8.1.3, without first
obtaining a tree removal permit as hereinafter provided. No building permit for any work that has the
potential to affect trees, including new construction, additions, carports, pools, decks, fences,
driveways, parking lots, tennis courts, demolition, or similar work, shall be issued by the Building
Department unless the Zoning Department has determined that no tree removal permit is required or
that a valid tree removal permit has been issued in accordance with this article.
8.1.4.2. Application Requirements. Applications shall be made on the form provided for that purpose
and shall include a written statement indicating the reasons for the removal or relocation of each tree.
The following documentation and any applicable fees shall accompany applications.
a. For applications for tree removal in conjunction with new construction, including additions, pools,
and decks, a tree survey drawn to scale identifying the species and listing the height, spread
and diameter of all existing trees shall be provided. Said survey shall be prepared by a
Professional Land Surveyor, licensed in the State of Florida.
b. For applications for tree removal in conjunction with any other activity requiring a building permit,
or for any other tree removal, a site plan drawn to scale identifying the species and listing the
height, spread and diameter of all existing trees shall be provided. Said site plan may be
limited to the immediate area of the proposed work, and photographs of the existing trees
within said area may be acceptable in lieu of tree identification regarding species, height,
spread and diameter.
c. A tree disposition plan drawn to scale identifying and listing all existing trees and specifying the
condition of each tree and whether said trees are to remain, to be removed and/or to be
relocated. This plan shall also illustrate the location of all existing structures and/or all
proposed new construction, as applicable, the location of any overhead and/or underground
utilities and the new locations of existing trees to be relocated on site. For applications
involving the construction of a new building(s), the tree disposition plan shall be prepared by
and bear the seal of a landscape architect currently licensed to practice in the State of Florida.
d. A tree mitigation plan prepared in accordance with Section 8.1.6.
8.1.4.3. Review of Application. Upon receipt of a completed application, the Department of Code
Enforcement (hereinafter referred to as Department) shall review said application for compliance with
the regulations as set forth in this article. Such review shall include a field inspection of the site and
referral of the application to other departments or agencies as necessary. Within 15 calendar days of
the receipt of a completed application, the Department shall issue an intended decision approving,
denying or approving with conditions said application.
8.1.4.4. Notice. Within 24 hours of the issuance of an intended decision to approve or deny an
application for a tree removal permit, the Department shall notify the applicant and post a notice of
the intended decision on or adjacent to the subject property in a location visible to the general public.
The posting is to remain visible on the subject property for 10 calendar days from the posting date.
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8.1.4.5. Issuance of Permit. If no appeal, in accordance with Section 8.1.8, is timely filed within 10
calendar days of the issuance of the intended decision, the tree removal permit, if originally approved
by the Department, shall be issued. The property owner shall be responsible for insuring that the tree
removal permit is displayed until the authorized work is completed.
8.1.4.6. Fees. Fees shall be as established pursuant to Section 10-4, as amended, "Building Permit
Fee Schedule," of the Miami City Code. Applications from government agencies for tree removals
solely in areas dedicated to public use may, at the discretion of the City Commission, be exempted
from application fees and permit fees.
8.1.4.7. Final Inspection. No later than six months following the completion of the authorized work,
the applicant shall schedule a final inspection with the Department for verification and acceptance of
the final authorized work.
Sec. 8.1.5. Criteria and Conditions for Tree Removal and Relocation.
8.1.5.1. Criteria for Tree Removal. No permit shall be issued for tree removal from the site unless one
of the following criteria exists:
a. The tree is located in the buildable area or yard area where a structure or improvement may be
placed and unreasonably restricts the permitted use of the property.
b. The tree is diseased, injured or in danger of falling; interferes with utility service; creates unsafe
vision clearance or is in danger of materially impairing the structural integrity of an existing or
proposed structure.
c. The tree is an exotic tree species and will be replaced with a native tree species to promote good
forestry practices; creates a health hazard; interferes with native tree species or creates a
negative impact on natural land features such as rock outcroppings, sink holes or other
geological historical or archeological features.
d. It is in the general welfare of the public that the tree be removed for a reason other than set forth
above.
8.1.5.2. Conditions for Tree Removal, Relocation and Replacement. Any or all of the following
conditions may be required:
a. The applicant may be required to redesign the project to preserve specimen tree(s), or any other
tree determined by the Department to be of substantial value due to its species, size, age,
form and/or historical significance, and to provide an alternate plan, when feasible, which shall
include the preservation of said tree(s) and design alterations within the scope and intent of
the initially proposed plan.
b. Where practical, specimen trees, or any other tree determined by the Department to be of
substantial value due to its species, size, age, form and/or historical significance, that is
proposed for removal shall be relocated on or off -site. The applicant shall adhere to
acceptable tree relocation specifications, in accordance with ANSI A300 Standards.
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c. If it is impractical to relocate said tree(s) either on or off -site, because of age, type or size, the
applicant shall be required to replace all trees permitted to be removed in accordance with the
tree mitigation requirements in Section 8.1.6.
d. The Department may require that the applicant provide a written report from a Certified Arborist
before making any determinations in conjunction with this section. The Department may also
require monitoring by a Certified Arborist during construction to assure tree preservation.
Sec. 8.1.6. Tree Mitigation.
8.1.6.1. Tree Mitigation Chart. Chart 8.1.6.1, Tree Mitigation Chart, below, shall be used to determine
the total number and size of trees that shall be planted as mitigation for all trees permitted to be
removed. Mitigation is based on the diameter in inches (DBH) of the trees to be removed. To
determine the required mitigation, calculate the total sum in inches of the diameters of all trees to be
removed. This sum will result in one, single number in inches that represents the combined total of
the diameters of all trees to be removed. Diameter measurement shall be rounded up to the nearest
inch.
Chart 8.1.6.1. Tree Mitigation Chart
Total diameter of Total number of Total number of
tree(s) to be replacement trees replacement trees
removed (Sum required (2" DBH OR required (4" DBH
of inches at minimum each; minimum each;
DBH) 12' minimum height) 16' minimum height)
2" - 3" 1 or 0
4" - 6" 2 or 1
7" - 12" 4 or 2
13" - 18" 6 or 3
19" - 24" 8 or 4
25" - 30" 10 or 5
31"-36" 12 or 6
37" - 42" 14 or 7
43" - 48" 16 or 8
49" - 60" 20 or 10
If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional inches
shall be added cumulatively from the top of the chart, down to the bottom of the chart, to calculate the
number of trees required as mitigation.
8.1.6.2. Tree Species. Tree(s) installed as mitigation shall be tree(s) of native or non-native species.
When more than 10 trees are installed as mitigation, a diversity of species shall be required as per
Chart 8.1.6.2, Tree Species Diversity Chart, below:
Chart 8.1.6.2. Tree Species Diversity Chart
City of Miami
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Required number of trees Required minimum number of species
11 -20 2
21 -50 4
51 or greater 6
8.1.6.3. Prohibited Species. Mitigation shall not be required for the removal of any prohibited species
except Ficus altissima (Lofty Fig) and Ficus benghalensis (Banyan Tree), and no fees shall be
charged.
8.1.6.4. Tree Quality. Trees installed as mitigation in accordance with this section shall conform to, or
exceed, the minimum standards for Florida Number One as provided in the most current edition of
"Grades and Standards for Nursery Plants, Part / and //," prepared by the Florida Department of
Agriculture and Consumer Services. Trees shall be planted according to sound nursery practices as
illustrated in the Landscape Manual.
8.1.6.5. Off -Site Mitigation. If the total number of trees required as mitigation cannot be reasonably
planted on the subject property, the applicant may enter into an agreement with the City, as approved
by the Department, to plant the excess number of replacement trees on public property within the City
Commission District of the subject property.
8.1.6.6. Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably
planted on the subject property, but as an alternative to the off -site mitigation provided in Section
8.1.6.5, the applicant may contribute into the City's Tree Trust Fund the sum of five hundred dollars
($500.00) for each 2" DBH tree required as mitigation in accordance with Section 8.1.6.1.
Sec. 8.1.7. Tree Protection.
8.1.7.1. Tree Protection during Construction. Trees shall be protected during construction through the
use of protective barriers in accordance with the Landscape Manual. Trees that are to remain shall
be clearly identified with tags. A protected area with a radius of 10 feet shall be maintained around
trees to remain in accordance with the Landscape Manual, unless a certified arborist otherwise
determines in writing that a smaller or larger protected area is acceptable for each tree, or an
alternative tree protection method is recommended.
During demolition and/or development, including installation of irrigation systems or any other
underground installations, protective barriers shall be placed around each tree and shall remain in
order to prevent the destruction or damaging of roots, stems or crowns of such trees. The barriers
shall remain in place and intact until such time as approved landscape operations begin; however,
barriers may be removed temporarily to accommodate construction needs, provided that the manner
and purpose for such temporary removal will not harm the trees. The trees shall be properly irrigated
throughout the building process. Trees damaged during construction shall be subject to the
provisions of Section 8.1.9.
8.1.7.2. Tree Pruning/Trimming. The pruning or trimming of any tree shall be in accordance with
guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy shall be
removed within a one-year period. The practice known as "hatracking" is not permitted and shall be
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considered a violation of this article. Any other tree abuse, or activity that can effectively destroy a
tree, shall also be considered a violation of this article.
Sec. 8.1.8. Appeals, Appellate Fees.
8.1.8.1. Appeals to the Historic and Environmental Preservation Board. The property owner, the
applicant, or any aggrieved party having standing under Florida law, may appeal to the Historic and
Environmental Preservation Board any decision of the Department on matters relating to applications
for tree removal permits by filing within 10 calendar days after the date of the intended decision a
written notice of appeal to the Preservation Officer, as established in accordance with Section 62-191
of the Miami City Code. The notice of appeal shall set forth concisely the decision appealed from and
the reasons or grounds for the appeal. The Historic and Environmental Preservation Board shall hear
and consider all facts material to the appeal. The Historic and Environmental Preservation Board
may affirm, modify or reverse the decision of the Department. All appeals to the Historic and
Environmental Preservation Board in accordance with Section 8.1.8.1 shall be accompanied by a fee
of one hundred and fifty ($150) dollars, plus $3.50 per mailed notice, provided, however, that no fees
shall be charged for such appeals initiated by an owner of a property which abuts the property for
which a tree removal permit is sought, including those across a street or alley, or by a nonprofit
corporation dedicated to conservation and protection of the natural and physical environment, or by a
homeowners association, as that term is defined by Chapter 720, Florida Statutes, as amended,
which has one member who owns property within 500 feet of the property for which the tree removal
permit is sought.
8.1.8.2. Appeals to the City Commission. The property owner, the applicant, the Department or any
aggrieved party having standing under Florida law may appeal to the City Commission any decision
of the Historic and Environmental Preservation Board on matters relating to applications for tree
removal permits by filing within 15 calendar days after the date of the decision a written notice of
appeal with the Department of Hearing Boards. All appeals to the City Commission in accordance
with Section 8.1.8.2 shall be accompanied by a fee of five hundred ($500) dollars, plus $3.50 per
mailed notice, provided, however, that no fees shall be charged for such appeals initiated by an
owner of a property which abuts the property for which a tree removal permit is sought, including
those across a street or alley, or by a nonprofit corporation dedicated to conservation and protection
of the natural and physical environment, or by a homeowners association, as that term is defined by
Chapter 720, Florida Statutes, as amended, which has one member who owns property within 500
feet of the property for which the tree removal permit is sought.
The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds
for the appeal. The City Commission shall hear and consider all facts material to the appeal and may
affirm, modify or reverse the Historic and Environmental Preservation Board's decision. The decision
of the City Commission shall constitute final administrative review, and no petition for rehearing or
reconsideration, shall be considered by the City. Appeals from decisions of the City Commission may
be made to the courts as provided by the Florida Rules of Appellate Procedure.
8.1.8.3. Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and
place of the public hearing shall be mailed at least 10 days in advance of the hearing to the owner of
the subject property and the owners of the adjacent properties. At least 10 days in advance of the
hearing, the subject property shall be posted with a sign in accordance with Section 62-129(2)a, as
amended, of the Miami City Code.
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8.1.8.4. No Tree Removal Permitted During An Appeal. Upon timely submission of an appeal made
pursuant to the requirements of this section, no removal of any trees which could be affected by the
subject appeal shall occur, pending final disposition of the appeal.
Sec. 8.1.9. Enforcement.
8.1.9.1. Jurisdiction. The Department shall have jurisdiction for the proper and effective enforcement
of this article. The Department shall have the right to inspect subject properties in accordance with
the approved tree removal permit and the provisions of this article.
8.1.9.2. Individual Enforcement. Each tree removed without a tree removal permit shall constitute a
separate and distinct violation and shall be the subject of individual enforcement.
8.1.9.3. Tree Viability After Project Completion. If the Department determines that any tree is not
viable, alive and growing one year after all associated development activity on the property is
completed, the Department shall require that said tree be replaced with the same tree species and
size which was originally planted or relocated, as per the approved tree removal permit.
Sec. 8.1.10. Penalties, Remedies Cumulative.
8.1.10.1. Fine. Any person, or agent thereof, who removes a tree without a tree removal permit,
shall be fined a fine of $500 per violation, or a greater penalty as provided by law, plus mitigation in
the form of replacement trees. Each tree removed without a tree removal permit shall constitute a
separate and distinct violation, subject to a separate fine and mitigation.
8.1.10.2. Tree Mitigation Required. In addition to the monetary fine established above, the planting of
replacement trees shall be required. The number of trees required as mitigation for each tree that
was removed without a permit shall be based upon Chart 8.1.10.2, Tree Mitigation Chart for Trees
Removed Without a Permit, below. If the total number of trees required as mitigation cannot be
reasonably planted on the sbject prry, the applicant may contribute into the City's Tree Trust Fund in
an amount based upon Chart 8.1.10.2.
Chart 8.1.10.2. Tree Mitigation Chart for Trees Removed Without a Permit
Diameter Number of Number of Contribution into
(DBH) of replacement trees replacement trees Tree Trust Fund
each tree required OR required OR
removed (2" DBH minimum (4" DBH minimum
without a each; 12' each; 16' minimum
permit mimum height) height)
2"-3" 2 or 1 or $1,000
4"-6" 4 or 2 or $2,000
7"-12" 8 or 4 or $4,000
13"-18" 12 or 6 or $6,000
19"-24" 16 or 8 or $8,000
25"-30" 20 or 10 or $10,000
31"-36" 24 or 12 or $12,000
37"-42" 28 or 14 or $14,000
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43"-48" 32 or 16 or $16,000
49" or 40 or 20 or $20,000
greater
8.1.10.3. Irreparable or Irreversible Violations. In the event the Code Enforcement Board and/or
Special Master finds the removal of any tree without the required permit to be irreparable or
irreversible in nature, it may impose a fine not to exceed five thousand ($5,000) dollars per violation,
or a greater penalty as provided by law, plus mitigation in the form of replacement trees. In
determining the amount of the fine, the Code Enforcement Board and/or Special Master shall
consider, in accordance with Section 162.09, Florida Statutes, as amended, the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
8.1.10.4. Withholding of a New Building Permit. The removal of any tree in violation of this article
shall constitute grounds for withholding new building permits directly related to said tree removal until
the violation has been corrected, including the payment of all fines and the planting of all trees
required as mitigation, pursuant to this section. Alternatively, in order to obtain the new building
permit, the person in violation may post a payment and performance bond pursuant to 255.05 of the
Florida Statutes naming the City of Miami as Obligee. The bond shall be in the amount of ten percent
of the construction cost or ten percent of the appraised value of the property, if no construction exists.
The bond will be maintained in place until the violation has been corrected, pursuant to this section.
In the event a bond is not feasible, the City may accept an irrevocable, unconditional letter of credit,
in the previously stated percentages, naming the City as Payee. This section shall not apply to
complete applications submitted to the City on the effective date of this ordinance.
8.1.10.5 Withholding of a Certificate of Occupancy. The Department shall not approve the zoning
inspection required for a temporary or final Certificate of Occupancy until all violations of this article
have been corrected, including the payment of all fines and the planting of all trees required as
mitigation, pursuant to this section.
8.1.10.6 Remedies Cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the other.
8.1.10.7. Costs and Fees: In the event the City institutes any civil action to enforce the terms of this
article in a court of competent jurisdiction, the City shall be entitled to recover the fines imposed
pursuant to the violation(s), the cost of trees required as mitigation, the costs associated with the
investigation and prosecution, inclusive of a reasonable attorney's fee for the prosecuting attorney,
together with any equitable and legal remedies deemed reasonable and proper by the court.
Sec. 8.1.11. Exemptions.
The following are exempt from the provisions of this article:
a. Any tree growing in a botanical garden or a licensed plant or tree nursery business.
City of Miami
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b. When the City Manager determines in writing that tree removal permitting requirements will
hamper private or public work to restore order to the City after a declared state of emergency
by the City Commission.
c. The removal of any tree during or following an emergency such as an act of nature or a life safety
issue.
d. Nothing in this article shall be construed to prevent the pruning or trimming of trees where
necessary for proper landscape maintenance and safety, provided that no more than 25
percent of the crown or foliage is removed.
*1I
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisionsof 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.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {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} 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.
City of Miami Page 12 of 12 File Id: 04-00674 (Version: 3) Printed On: 10/19/2016