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Home My WebLink AboutO-13266City of Miami Legislation Ordinance: 13266 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00343 Final Action Date: 5/26/2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, BASE BUILDING LINES," TO AUTHORIZE THE CITY COMMISSION TO PERMIT PREVIOUSLY PERMITTED ACCESSORY STRUCTURE BUILT PRIOR TO MARCH 24, 1983, WITHIN THE DEDICATED RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 54, Article V of the Code of the City of Miami, Florida, as amended, ("Code") provides for temporary encroachments; and WHEREAS, Chapter 54, Article V currently allows the City Commission to permit a fence, wall or hedge existing within the right-of-way to remain if the owner furnishes proof that it was built or installed prior to March 24, 1983; and WHEREAS, the 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 ("City") and its inhabitants to amend the Code to authorize the City Commission to permit previously permitted accessory structure built prior to March 24, 1983, within the dedicated right-of-way; 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 54/Article V of the Code entitled "Streets and Sidewalks/Construction, Base Building Lines" is amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE V. BASE BUILDING LINES * Sec. 54.191. Temporary Encroachments. City of Miami Page 1 of 3 File Id: 11-00343 (Version: 1) Printed On: 10/6/2017 File Number: 11-00343 Enactment Number: 13266 (b) If a fence, wall, of hedge, or previously permitted accessory structure exists within the dedicated right-of-way, the city commission may permit said fence, wall o1 hedge, or previously permitted accessory structure to remain or be reinstalled, reconstructed or replanted within the dedicated right-of-way (if damaged, less than 50 percent of its area), if the owner of said fence, wall, Of hedge, or previously permitted accessory structure furnishes proof to the city commission that said fence, wall Of hedge, or previously permitted accessory structure was built prior to March 24, 1983. Proof may consist of a building permit, a survey, an aerial photo, a recorded document prepared prior to March 24, 1983, a certificate of occupancy or completion issued prior to March 24, 1983, or a sworn document from a person or persons, other than the present owner, familiar with the property, attesting to the existence or construction of the wall, fence o1 hedge, or previously permitted accessory structure prior to March 24, 1983. Any reinstallation, reconstruction or replanting of a fence, wall or-, hedge, or previously permitted accessory structure permitted pursuant to this section shall conform to the following requirements: (1) The materials used shall be the same as or substantially similar to those of the fence, wall of, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted. (2) Its height, length and width shall not exceed that of the fence, wall of, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted. (3) It shall conform to the visibility triangle requirements of the zoning ordinance of the City of Miami in effect at the time the permit is was issued. If the request is denied, the existing fence, wall of hedge, or previously permitted accessory structure shall be removed at no cost to the city, within 30 days of notification by the director of the department of public works that said removal is required. In the event of failure by the 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. (c) The director of the department of public works, or his designee, shall evaluate the request for encroachment within the undedicated right-of-way, or the city commission shall evaluate the request for encroachment within the dedicated right-of-way and the information supplied with regard to its effect on the health, welfare and safety of the community. In evaluating the request, or transmitting the request to the city commission, the director shall research city records to determine if there have been any complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the wall, fence o1 hedge, or previously permitted accessory structure. The director may also confer with representatives of other departments or agencies, as may be necessary. If there is no negative effect on the health, welfare or safety of the community, the director of City of Miami Page 2 of 3 File Id: 11-00343 (Version: 1) Printed On: 10/6/2017 File Number: 11-00343 Enactment Number: 13266 the department of public works may approve the request for encroachment within the undedicated right-of-way, or the city commission may approve the request for encroachment within the dedicated right-of-way, subject to the recording of a covenant to run with the land, executed by the ownerT with the payment by the ownerT of the requisite fees for preparation and recording of said covenant. The provisions of the covenant shall include, but not be limited to: (1) Maintenance of the wall, fence, or hedge, or previously permitted accessory structure by the property owner in accordance with the city's standards and specifications. 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 language 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 3 of 3 File Id: 11-00343 (Version: 1) Printed On: 10/6/2017