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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00340 Final Action Date:
AN ORDINANCE OF MIAMI CITY COMMISSION AMENDING CHAPTER
20/SECTION 20-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "FLOOD DAMAGE PREVENTION/ DEVELOPMENT
WITHIN SPECIAL FLOOD HAZARD AREAS," TO REQUIRE THAT SEAWALLS OR
BULKHEAD ON WATERFRONT PROPERTY IN THE SPECIAL FLOOD HAZARD
AREAS BE ABOVE THE OFFICIAL FLOOD CRITERIA; FURTHER AMENDING
CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND
WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS,
GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN,"
TO REQUIRE SEAWALLS TO BE CONSTRUCTED ABOVE THE OFFICIAL
FLOOD CRITERIA; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is a coastal community where from time to time the tidal
waters flood, enter and rise, creating frequent flooding problems within the limits of the City
jeopardizing the health, safety, and welfare of the City and all persons residing therein; and
WHEREAS, property owners have a responsibility to prevent the flooding of their property, to
safeguard not only their own life and property, but also the life and property of their neighbors and the
community at large; and
WHEREAS, construction of flood prevention measures protects the health, safety and welfare of
the entire community, which is paramount to fiscal or aesthetic interests; and
WHEREAS, establishing design standard specification for seawalls or bulkhead on waterfront
property in the Special Flood Hazard Areas is to protect the health, safety and welfare of the citizens
and property of the City; and
WHEREAS, as a result of the recurring flooding problem, it is necessary to revise the seawall
construction requirements and elevation levels in accordance with flood hazard maps and guidelines
prepared by the local, state, and Federal government; and
WHEREAS, the City Commission finds that the adoption of this Ordinance is protective of the
health, safety, and welfare of the City and all persons residing therein;
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 Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 20/Section 20-4, of the Code of the City of Miami, Florida, as amended, entitled
"Flood Damage Prevention/Development within special flood hazard areas," is amended in the
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File Number: 07-00340
following particulars:f 1}
"Chapter 20
FLOOD DAMAGE PREVENTION
Sec. 20-4. Development within special flood hazard areas.
(a) No new construction or substantial improvement of any residential structure or manufactured
home shall be permitted in special flood hazard areas, and no permit referred to in section 20-3 of this
chapter shall be issued therefore, unless
(1) Said new construction or substantial improvement has the lowest floor (including basement)
elevated to or above the level of the base flood (100-year flood). Electrical, plumbing and other
attendant utilities are prohibited below the base flood elevation; and
(2) For all waterfront property not on the Atlantic Ocean, subiect to tidal water level fluctuation, the
height of any_seawails or bulkhead shall be greater than the level of the base flood, as of the date of
the new construction or substantial improvement, as depicted in the Dade County flood criteria maps
W.C. 26.022 (Sheet 2 of 5)Land as the same shall be amended from time to time. This section is not
to be interpreted to impair the obligation of contracts under the Constitution of the State of Florida.
Section 3. Chapter 29/Article Ili/Section 29-89, entitled "Landfills and Waterfront
Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar
Structures/Design," is amended in the following particulars:{1}
"Chapter 29
LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND
OTHER SIMILAR STRUCTURES
*
Sec. 29-89. Design.
Design analysis. Responsibility for proper design rests with the engineer who prepares the plans.
Each improvement shall be designed to support all loads that may come upon it; to withstand the
forces of water, wind and usage; and to meet the specific requirements of the public works department
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File Number: 07-00340
for location and construction.
(1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway or
other related structure included in this article shall admit of rational analysis in accordance with
well -established principles of mechanics and sound engineering practices, and without exceeding the
allowed stresses for the various materials as specified in the South Florida Building Code.
(2) Bulkheads. Bulkheads and all parts thereof shall be designed to support the estimated or actual
imposed load, either dead, live or any other, both during construction and after the completion of such
bulkhead.
(3) Terrace -type wall. Subject to certain types of conditions of the site or location of the improvement,
step -type bulkheads or terrace -type walls will be permitted.
(4) All seawalls or bulkhead must be designed to protect against flooding, and shall be at least as high
as the base flood elevation as of the date of the new construction or substantial improvement, as
depicted in the Dade County flood criteria maps, and as the same shall be amended from time to time.
Section 4. All ordinances or parts of ordinances in so far as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
°FORGE L. F : RNANDEZ
CITY A O-NEY
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.
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