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HomeMy WebLinkAboutO-13428City of Miami Legislation Ordinance: 13428 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01412 Final Action Date: 1/23/2014 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 FENCE, WALL OR HEDGE 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 fence, wall or hedge 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 ARTICLE V. BASE BUILDING LINES Sec. 54-191. Temporary encroachments. City of Miami Page 1 of 3 File Id: 13-01412 (Version: 2) Printed On: 12/15/2017 File Number: 13-01412 Enactment Number: 13428 (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 of - taw. 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 City of Miami Page 2 of 3 File Id: 13-01412 (Version: 2) Printed On: 12/15/2017 File Number: 13-01412 Enactment Number: 13428 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 for the installation of a fence, wall or hedge in the undedicated portion of the right-of-way. (6) Provision of a signed statement set forth in a covenant acceptable to the City 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. *II 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} 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 3 of 3 File Id: 13-01412 (Version: 2) Printed On: 12/15/2017