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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00346 Final Action Date: 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 CREATING A NEW SECTION 55-16, ENTITLED "CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW", TO ADDRESS THE CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 55 of the Code of the City of Miami Florida, as amended ("City Code"), only addresses the vacation and closure of rights -of -way and platted easements; and WHEREAS, abandonment of an easement can occur under the theory of equitable estoppel when the City of Miami's ("City's") acts, words, and silence would lead a property owner to take a position whereby assertion of the City's legal title would be contrary to equity and good conscience; and WHEREAS, an easement may be extinguished by the Marketable Title Act, Chapter 712, Florida Statutes, which states that any claim or interest, vested or contingent, present or future, is cut off unless the claimant preserves his claim by filing a notice within a thirty (30) year period; and WHEREAS, in Florida, the abandonment of an easement is essentially gauged by the intention of the parties; and WHEREAS, it is deemed necessary that a section be created with regulations and guidelines regarding vacating abandoned easements; 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 fully set forth in this Section. Section 2. Chapter 55 of the City Code is amended in the following particulars: {1} "CHAPTER 55 SUBDIVISION REGULATIONS City of Miami Page 1 of 4 File Id: 14-00346 (Version: 2) Printed On: 8/27/2024 File Number: 14-00346 Sec. 55-16. Consideration of easements when alleged to be abandoned as a matter of law. (21 General application and requirements to deem an easement as abandoned. An easement may be deemed abandoned as a matter of law by the Public Works Department, following a recommendation by the Plat and Street Committee, if properly approved by the City Commission, and if the expiration of the easement is not properly addressed in the Easement Instruments. In determining if an easement is abandoned, the following shall be considered: (1) The Departments of the City, or other governmental agencies who have permitting authority, have not issued any permits for utilities, communications, or similar uses within the easement area in the last thirty (30) years. (2) The general public has not used the easement for a public purpose or an allied or incidental purpose in the last thirty (30) years. The thirty (30) years shall be substantiated by documentation including, without limitation, affidavits based on personal knowledge, photographic evidence, tax cards and other evidence such as surveys attesting that there was no use by the public. (3) There are no records or documents that require the easement be opened for access of use by the general public, or that require denial of any private use within the easement. (4) The City, or other governmental agencies who have permitting authority, have issued building permits allowing construction on or within the easement. (5) All written evidence submitted by the property owner to the Public Works Department indicates that any public service or public purpose use of the easement has been abandoned by the City or the general public, as applicable. (6) The City has, at all relevant times in the past thirty (30) years, collected Ad Valorem Taxes and similar assessments, levies or impositions on the lots inclusive of the portion of the lots where the easement is located. (7) Written evidence demonstrating that the intention of the parties was to abandon the City of Miami Page 2 of 4 File Id: 14-00346 (Version: 2) Printed On: 8/27/2024 File Number: 14-00346 easement. (8) Such other factors as are recognized by the laws of the State of Florida to deem an easement abandoned under the general laws of this State. (9) This section is supplemental to any other remedies provided by the laws of the State of Florida such as judicial declaration that an easement is abandoned or a quiet title action. (b) Additional documentation. The property owner may have additional documents to support his or her allegation that the easement has been abandoned and recognized as vacated. These documents must be promptly submitted to the Public Works Department. The property owner will bear the burden to produce any additional documents at the request of the Public Works Department. The Public Works Department will only schedule hearings once the application is complete. The Public Works Department may establish required documents for such application and it shall only be processed when such documents are submitted. (c) Receipt of fees. Any application made under this Section must be accompanied by a non-refundable fee of three hundred and seventy ($370.00) dollars. The property owner making this application shall additionally pay any recording and copying fees as established by the state and the city. (d) City Commission's public hearing for deeming an easement abandoned as a matter of law. Once the required criteria have been met, a public hearing shall be held before the City Commission. The procedure for public notice and public hearing shall be as is followed by the Department of Works for their public hearing agenda items. (e) Determination by the City Commission. If the City Commission determines that abandonment interferes with a public interest, the easements shall not be considered abandoned and the request shall be denied. If the City Commission approves the request by passage of a resolution, the property owner may record a certified copy of this resolution. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 3 of 4 File Id: 14-00346 (Version: 2) Printed On: 8/27/2024 File Number: 14-00346 Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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. City of Miami Page 4 of 4 File Id: 14-00346 (Version: 2) Printed On: 8/27/2024