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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01412 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE V/ SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/TEMPORARY ENCROACHMENTS", TO EXEMPT OWNERS OF
SINGLE FAMILY AND TWO (2) FAMILY RESIDENTIAL PROPERTIES FROM
PROVIDING INSURANCE AS A CONDITION FOR THE CONSTRUCTION OR
INSTALLATION OF A TEMPORARY ENCROACHMENT IN THE UNDEDICATED
PORTION OF THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 54, Article V, Section 54-191 of the Code of the City of Miami, Florida, as
amended ("City Code"), requires the property owner to provide an insurance policy, including the City
of Miami ("City") as an additional insured, as a condition of constructing or installing a temporary
encroachment in the undedicated portion of the street right-of-way; and
WHEREAS, owners of single family and two (2) family residential properties experience
difficulty in obtaining an insurance policy that include the City as an additional insured from providers
of standard homeowners insurance;
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 54/ Article V/Section 54-191 of the City Code entitled "Streets and
Sidewalks/Base Building Lines/Temporary Encroachments", is amended in the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
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ARTICLE V. BASE BUILDING LINES
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Sec, 54-191. Temporary encroachments,
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(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, 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 a negative effect on the health, welfare or safety of the community, the director shall deny
the request for encroachment within the undedicated right-of-way, or the city commission shall deny
the request for encroachment within the dedicated right-of-way.
If there is no negative effect on the health, welfare or safety of the community, the director of 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 owner with
the payment by the owner 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, hedge, or previously permitted accessory structure by the property
owner in accordance with the city's standards and specifications.
(2) Removal of the encroachment by the property owner within 30 days of notification by the director of
the department of public works that said removal is required, and at no cost to the city.
(3) 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.
(4) Dedication to the city of the necessary right-of-way upon removal of the encroachment.
(5) Provision of an insurance policy, in an amount not less than $1,000,000.00, 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 risk management department ef-
law. This insurance shall be in effect as long as the encroachment exists in the public right-of-way.
Failure to continue to provide the insurance coverage will result in the revocation by the City of Miami
of the approval and the encroachment shall be removed in accordance with subsections (c)(2) and (3)
of this section. A detached building used as a permanent residence by a single housekeeping unit, and
two (2) family housing which are two (2) dwelling units sharing a detached building, each dwelling unit
of which provides a residence for a single housekeeping unit, also known as a duplex, are exempted
from the insurance requirements of this subsection only in the undedicated right of way.
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(6) Provision of a signed statement set forth in a covenant acceptable to the Citv that the property
owner shall hold harmless and indemnify the city, its officers and employees for any claims for damage
to property and injury to persons arising out of the grant of the permit or any activity carried on under
the terms of the permit.
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
fee by the property owner.
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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.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2)
APPROVED AS TO FORM AND CORRECTNESS:
VI ORIA IENDEZ
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.
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