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Home My WebLink Aboutpre ordinanceby A R. -- 1 1- J 6 t'1 O Fri 1 6: 5 9 ►T-94-918 7/13/95 ORDINANCi NO. 1127'7 AN ORDNANCE AMENDING SECTION 54-105 OP THE CODS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TEMPORARY ENCROACHMENTS", ['0 PERMIT TEMPORARY FENCH, WALL AND HEDGE ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF - WAY; CONTAINING A REPEALER PROVISION, A SHVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there exist certain fences, walls and hedges within the dedicated rights -of -way within the City of Miami, Florida; and WHEREAS, said fences, walls and hedges were constructed prior to March 24, 1983, which is the date of adoption of Ordinance No. 9583, which deleted the Base Building Lines Section from the Zoning Ordinance and made it a part of the Code. of the City of Miami, Florida; and WHEREAS, said walls, fences and hedges tend to enhance the character of their respective neighborhoods; and WHEREAS, it is the intent of the City to maintain the character of neighborhoods within the City; and WHEREAS, it would be advantageous from a community interest standpoint for these fences and walls to remain in place until such time as roadway improvements are planned or constructed, in which case the adjacent owner would be responsible to remove or 11277 MAR- 1 1 --9E. MON 1 E.. S 5 P _ 0 relocate said encroaching fence, wall or hedge to the existing base building liner NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section Preamble to thereto and Section. 1. The recitals and findings contained in the this Ordinance are hereby adopted by reference incorporated herein as if fully set forth An this Section 2. Section 54-105 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars; z/ "Section 54-105. Temporary encroachments. j Whenever the Owner (s) of property within the city wishes to install a temporary encroachment, i.e., fence, wall or hedge, within the undedicated area between the platted or dedicated right-of-way line and the established base building line, the owner shall, before beginning any installation, construction or planting, make formal request for such an encroachment, in writing, to the director of the department of public works, said request e evalmated_jui indicated LEI Section_ (ci hareinba.lpw. The owner shall submit with his request, a current ,survey of the property, and a sketch or drawing showing sufficient detail to accurately portray the nature and extent of the encroachment. , .L If a ,fence. wall or hedge eiciats within ttg gedicated ugh tiniinionjuintjamatit - t i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisioner are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. - 2 112'77 MARS 1 1 -9E. IION 1 7 : 00 P . 04 TI H w o @ I e , e_ icated rig x O e j5O) percent of .ttA a e er ) of said fence. wall or glingy i f h t h.at raid fenag w 3. Prqgl a but diva pe mit, a survey. an aeLipa G urns t r to Ma L 12111,_2r_A_JuggmLerson or p@rsOf1L. n t he e i c d a relnatAllatigoifizzugtigwep3antia Qf _A Leilm_ithage t sec ttan QJLorm tothe. oo it requirements: Ihe_nalegiffialLautesLiz�_ b.a unie a ._Q an a �r a►r to those ofof the tenckg� reinstgli & reconeLructed or replgpted. .C) he 1 n not ex .that of this fen exceed I�@U►.stalle c �.,..._w or hPr�c� being _-recanetructed or reoant.ed. U.L Tt _aha1.l cqr xm tg__the visibility triangle req i rents o the Zgning Ord ,nan_ce of permit ip issued. formal avettt sxuest to the C �' 1LY . Commission t_Q W kR evalualgg_ill_Agogrdained in Leayeet_..t .le_..j Cv Commission, at a publig hearing, may h beards shall be requested Qu k�v and at the expense of thg C of fe3 for such Public hearings, If the re _is denied. exikt►$ fence well or hedge shall, be removed at ,no cost to the City i tv by the Owner to removetha encroac n ed, t City y causes tug encrogghment aria place a 1in agaiine thar Jai works, or the City The director of the department of public his designee, shall evaluate the request4 �,nt w :,thin the un edicar qd rid i SL.way. t Commi.sgion . 1 eya1vate e.,,_,.reSti. _. i . - 3 - 11277 r1AFt 1 1 -g6 11CIH 1 -r �e encroachmennt within i' n the 4edicat ri h - yr y and the information supplied with regard to its effect on the health, welfare and safety of the community. In evaluating the request, tting the rquue . the_ClIty_Ssmeeission. the director i.l reeea ch ily records to determine it h have been anv. Compla► me r b o • travel v i ted to h t or The director may also confer with representatives of other departments or agencies. as may be necessary. If there is a negative effect on the health, welfare or safety of the community, Ile director eb ell deny the request for encroachment Xithin t:be undedicated, right-of-way, ek a-]- - .--de- a minissie sha d ny the r iest fer__eIIcroachment withirLthe dedie .ht-of-way. If there is no negative effect on the health, welfare or safety of the community, the director may approve the r 9n regueSt _ with. 3 City Commiegion may approve the reauest_for encroachment wi tilin the dedicated right-of-wey, subject to the recording of a covenant to run with the land executed by the owner, With the payment, by the owner, of the requisite fees for preparation and recording of said covenant. The provisions of the covenant sha11 include, but not be limited to; L Maintenance of the i.i, fence or hedge ;ley the ,ropert v r i w th Ilia at;andards,and snectt Lcat,.ons . (12) Removal of the encroachment by the property owner within thirty (30) days of notification by the director of the department of public works that said removal is ftiry required, and at no cost to the city. (11,) In the event of failure of the property owner to remove the encroachment, when notified, the .city may cause the removal of the encroachment, and place a lien against the property for the cost: of the removal. (3j) Dedication to the city of the necessary right-of-way upon removal of the encroachment. (45) Provision of an insurance policy, in an amount n= less trharn 11.000,000 to be - 4 - 11277 h1 A R 1 1— 6 h1 C7 N 1 7: iQ 1 • 0 6 • —-�.r��.....a .... . , naming the city as insured for public liability and property damage, or certificate of inclusion of the city as insured on an existing insurance [policy] for the property, subject to approval of the department of law. Ibie -thilUX4110,611142.1ting ag encroachment exi q in.„lhe public rioht -of - w w,ovide to �uranee _ egy_era94,`._11 resu,,, _...fin one t �.. ARREZAI. an Groaghment shall _la rei owed wiLb ovi i a signed the Dr4 erty ._.Qw _. shagl.+ harmless aad ra and p oD rty and. iniury to Rera.onB arising out r any ac toil. dried on_Und�r the to-s of th p� it. Upon recording of the above covenant, and not before, the director, shall approve a permit for the construction or installation of the temporary encroachment, with the payment of the necessary permit feeby the property owner. 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. 2f 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. - 5 - 112 77 MAR 1 1 -96 1'lOt-1 1 r : 92 PASSED ON FIRST READING BY TITLE ONLY this 27th day of April , 1995 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this nth day of Ju, 1995. 6s.<I? STEPH N P. CLARK, MAYOR ATTEST: W LTER J ! .CITY CLERIC SUBMITTED BY: WALDEMAR E. LEE, DIRECTOR DEPARTMENT OP PUBLIC WORKS PREPARED AND APPROVED BY: 1 IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO F►RM AND CORRECTNESS: Ate .0-46 /61 • CITY TTO wo2S IMA:aS 6 11277