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Ordinance
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Miami, FL 33133
www.miamigov.com
File Number: 07-00834zt Final Action Date: 10/28/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY DELETING ARTICLE 8.1, ENTITLED, "TREE PROTECTION," IN ITS
ENTIRETY; FURTHER, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ADDING NEW ARTICLE IV TO CHAPTER 17, ENTITLED,
"ENVIRONMENTAL PRESERVATION/TREE PROTECTION," BY PROVIDING FOR
INTENT AND PURPOSE; DEFINITIONS, APPLICABILITY, PERMIT APPLICATIONS,
REQUIREMENTS, REVIEW AND FEES, CRITERIAAND CONDITIONS FOR TREE
REMOVAL, RELOCATION, REPLACEMENT, AND PROTECTION, AND APPEALS
AND APPELLATE FEES; ENFORCEMENT, PENALTIES AND REMEDIES; MORE
PARTICULARLY BY ADDING NEW SECTIONS 17-100 TO 17-110 TO CHAPTER 17;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the intent of the City of Miami to promote, protect, and improve the tree canopy
of the City of Miami; and
WHEREAS, during the process of adopting a new Zoning Ordinance for the City of Miami, it has
been determined that the provisions related to Tree Protection be removed from the Zoning
Ordinance and incorporated as part of the Code of the City of Miami, Florida, as amended;
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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by deleting "Article 8.1, entitled "Tree Protection" in its entirety.
Section 3. Chapter 17 of the Code of the City of Miami, Florida, as amended, is hereby amended
by adding new Article IV, in the following particulars: {1}
11*
CHAPTER 17
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ARTICLE IV. TREE PROTECTION
Sec. 17-100. 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. 17-101. Definitions.
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 this 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 this Code are located.
Diameter (DBH): The diameter at breast height of a tree's trunk measured at a height four and
one-half (4 1/2) 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 (4 1/2) 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.
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Hatracking: The flat cutting of the top of a tree, severing the leader or leaders, or the removal of any
branch three (3) 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.
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.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability company
or any other legally recognized entity that is the legal, beneficial or equitable owner of any interest
whatsoever in the property. Owner shall include any purchaser, assignee, successor, or transferee of
any interest whatsoever in the property regarding any penalty imposed pursuant to Section 17-109
herein.
Person: As per the definition set forth in Section 1-2 of this 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, and in addition the Ficus
Benjamina/Weeping Fig shall be considered a "prohibited species within the City of Miami.
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.
Replacement or replacement trees: 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.
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
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compliance with the Florida Department of Agriculture and Consumer Services standards.
Special master: The person(s) appointed pursuant to the applicable provisions of this 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 (2) terms may be considered to be interchangeable.
Spiking: The insertion, whether vertically or horizontally, of foreign objects into the base of the tree or
its root system. This practice is sometimes employed to kill a tree.
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 eighteen (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
c. All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which have a minimum
overall height of fifteen (15) feet.
Tree: Any self-supporting woody perennial plant usually having a single main axis or trunk that has a
diameter at breast height (DBH) of two (2) or more inches with a minimum height of twelve (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, spiking, 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 prune roots, or remove or relocate existing tree(s) on or
from a subject property.
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Sec. 17-102. 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 this chapter, which requires a permit from public works.
All trees located within environmental preservation districts shall also be subject to the
requirements of this chapter.
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 F.S. §
373.019, 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. 17-103. Tree removal permit applications, requirements and review, fees.
(a) Permit, when required. A tree removal permit shall be required for the removal or
relocation of any tree within the city, unless exempted by section 17-110. A tree removal permit shall
also be required for the pruning or trimming of more than twenty-five (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 17-102, without first obtaining a tree removal permit as hereinafter provided. A tree removal
permit will be required for the pruning of any tree roots. No root pruning will be allowed without a tree
removal permit, except that no permit shall be required for the pruning of roots when such pruning is
essential to any repairs or improvements performed by the departments of public works or capital
improvements, or their contractors. 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.
(b) 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.
1. 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.
2. For applications for tree removal in conjunction with any other activity requiring a building
permit, demolition permit, or for any other tree removal, a site plan drawn to scale, or
existing property survey, identifying the location of the tree, the species and listing the
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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.
3. For building permit or tree removal applications described in (1) above, 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.
4. For building permit, demolition permit, or tree removal applications described in (1) above,
a tree disposition plan drawn to scale, or such plan incorporated onto an existing
property survey, 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.
5. A tree replacement plan prepared in accordance with section 17-105.
(c) 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 fifteen (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.
(d) Notice. Within twenty-four (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 ten (10) calendar days
from the posting date.
(e) Issuance of permit. If no appeal, in accordance with section 17-107, is timely filed within
ten (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.
11 Fees. Fees shall be as established pursuant to section 10-4, as amended, "Building
Permit Fee Schedule," of this 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.
(q) Final inspection. No later than six (6) months following the completion of the authorized
work, the applicant shall schedule a final inspection with the Department for verification and
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acceptance of the final authorized work.
Sec. 17-104. Criteria and conditions for tree removal and relocation.
(a) Criteria for tree removal. No permit shall be issued for tree removal from the site unless
one of the following criteria exists:
1. 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. Trees
located in the property frontage (within the 15-foot setback), shall not be considered to
be located within the buildable area or yard. Ingress and egress to garages are not
considered the buildable area or yard. Trees on the public right of way shall not be
considered for removal as a result of restriction to or from ingress or egress to the
garages or parking on the site; provided however, that if there is no other reasonable
access to and from the structure or to the property from the public right of way, this
requirement shall be waived by the Director of Code Enforcement when it relates to the
private property and/or by the Director of Public Works when it relates to the public
right of way.
2. 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.
3. 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.
4. It is in the general welfare of the public that the tree be removed for a reason other than
set forth above.
(b) Conditions for tree removal, relocation and replacement. Any or all of the following
conditions may be required:
1. 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.
2. 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.
3. 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
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accordance with the tree replacement requirements in section 17-105.
4. 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. 17-105. Tree replacement.
(a) Tree replacement chart. Chart 17 the tree replacement chart, below, shall be used to
determine the total number and size of trees that shall be planted as replacement trees for all trees
permitted to be removed. The replacement trees are based on the diameter in inches (DBH) of the
trees to be removed. To determine the required replacement trees, calculate the total sum in inches
of the diameters of all trees to be removed. This sum will result in one (1) 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 17- . Tree Replacement Chart
TABLE INSET:
Please see the attachment 1 for complete legislation.
If the sum of the diameter of trees to be removed exceeds a total of sixty (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 replacement trees.
(b) Tree species. Tree(s) installed as replacement trees shall be tree(s) of native or
non-native species and shall be planted at grade or ground level according to ISA best management
practices. Palms may only be installed to replace palms.
When more than ten (10) trees are installed as replacement trees, a diversity of
species shall be required as per Chart 17 Tree Species Diversity Chart, below:
Chart 17- . Tree Species Diversity Chart
TABLE INSET:
Please see the attachment 2 for complete legislation.
(c) Prohibited species. Replacement trees 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.
(d) Tree quality. Trees installed as replacement trees 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 I and II," 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.
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(e) Off -site replacement. If the total number of trees required as replacement trees 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.
i_c2 Tree trust fund. If the total number of trees required as replacement trees cannot be
reasonably planted on the subject property, but as an alternative to the off -site replacement provided
in section 17-105(e), the applicant shall contribute into the city's tree trust fund the sum one thousand
dollars ($1000.00) for each two (2) inch DBH tree required as replacement trees in accordance with
Section 17-105(a). A City resident with current proof of residency and homestead status shall
contribute five hundred dollars ($500.00) for each of the two (2) inch DBH tree required as
replacement trees in accordance with Section 17-105(a), one time during a calendar year on his or
her homestead property.
(q) The replacement tree process shall be completed prior to the issuance of a certificate of
occupancy or temporary certificate of occupancy.
Sec. 17-106. Tree protection.
(a) 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 ten (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 17-108.
(b) Tree pruning/trimming. The pruning or trimming of any tree shall be in accordance with
guidelines in the landscape manual. No more than twenty-five (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 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. 17-107. Appeals, appellate fees.
(a) 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, except for tree removal permits granted to the departments of public works
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or capital improvements, or to their contractors, by filing within ten (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 this 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 this Section shall be
accompanied by a fee of one hundred and fifty dollars ($150.00), plus three dollars and fifty cents
($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 (1) member who owns
property within five hundred (500) feet of the property for which the tree removal permit is sought.
(b) 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 fifteen (15) calendar days after the date of the decision a written notice of
appeal with the department of hearing boards. The property owner, the applicant, or any aggrieved
party having standing under Florida law may appeal to the city commission any tree removal permit
granted to the departments of public works or capital improvements or to their contractors, by filing
within fifteen (15) calendar days after the date of issuance of the permit a written notice of appeal
with the department of hearing boards. All appeals to the city commission in accordance with this
section shall be accompanied by a fee of five hundred dollars ($500.00), plus three dollars and fifty
cents ($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 five hundred (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, or may grant or deny the appeal of the tree removal permit issued to the departments of
public works and capital improvements.
The decision of the city commision shall constitute final administrative reviewnd o petition or
rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the city
comission may be made to the courts as provded by the Florida Rules of Appellate Procedure.
(c) 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 ten 10) days in advance of the hearing to
the owner of the subjct property and the owners of the adjacent properties. At least ten (10) dys in
advance of the hearing, the subject property shall be posted with a sign in accordance with
subsection 62-129(2) of this Code.
(d) 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. A violation of
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this subsection will automatically result in an additional five hundred dollar ($500.00) fine payable
to the Tree Trust Fund for each separate violation of this section.
Sec. 17-108. Enforcement.
(a) 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.
(b) 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.
(c) 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. 17-109. Penalties, remedies cumulative.
(a) Fine. Any person, or agent thereof, who removes a tree without a tree removal permit,
shall be fined a fine of one thousand dollars ($1000.00) per violation, per day for the first violation,
and shall be fined five thousand dollars ($5000.00) per tree for every repeat violation of this article,
or a greater penalty as provided by law, and in addition undergo the tree replacement process in
the form of replacement trees pursuant to section 17-105. A City resident with proof of current
residency and homestead status shall be fined five hundred dollars ($500.00) for the first violation.
Each tree removed without a tree removal permit shall constitute a separate and distinct violation,
subject to a separate fine and tree replacement pursuant to section 17-105.
(b) Tree replacement required. In addition to the monetary fine established above, the
planting of replacement trees shall be required. The number of trees required as replacement for
each tree that was removed without a permit shall be based upon Chart 17-_, Tree Replacement
Chart for trees removed without a permit, below. If the total number of trees required as
replacement cannot be reasonably planted on the subject property, the applicant may contribute
into the city's tree trust fund in an amount based upon Chart 17-_
Chart 17- . Tree Replacement Chart for Trees Removed Without a Permit
TABLE INSET:
Please see the attachment 3 for complete legislation.
If the sum of the diameter of trees to be removed exceeds a total of sixty (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 replacement trees.
(c) 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 fifteen thousand dollars ($15,000.00) per
violation, or a greater penalty as provided by law, plus mitigation in the form of replacement trees. In
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determining the amount of the fine, the code enforcement board and/or special master shall consider,
in accordance with F.S. § 162.09, 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.
(d) 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 replacement trees, pursuant to this section. Alternatively, to obtain the new building
permit, the person in violation may post a payment and performance bond pursuant to F.S. § 255.05
naming the City of Miami as obligee. The bond shall be in the amount of ten (10) 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.
(e) 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.
is 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.
(g) 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. 17-110. Exemptions.
The following are exempt from the provisions of this article:
1. Any tree growing in a botanical garden or a licensed plant or tree nursery business.
2. 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.
3. The removal of any tree during or following an emergency or an act of nature which:
q) creates a life safety issue;
12) prevents a person from the use or enjoyment of the property; or
g) prevents further damage
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so long as photographic proof and/or a certified arborist report is presented to the city,
depicting the specific life -safety issue, or the inability to enjoy and use the property.
4. 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
twenty-five (25) percent of the crown or foliage is removed.
Sec. 17-111 to 17-150. Reserved.
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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. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made apart of the Code of the City of Miami, Florida, as amended which provisions
may be renumbered or relettered and that the word "ordinance" may be changed to "section",
"article", or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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 or upon the
effective date stated herein, whichever is later.
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