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HomeMy WebLinkAboutO-13492City of Miami Legislation Ordinance: 13492 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00345 Final Action Date: 1/8/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami 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 of the City of Miami, Florida, as amended, ("City Code") to close and vacate certain public alleys that are not paved in their entirety and not utilized for vehicular access to a property abutting the public alley, according to the criteria set forth in new Section 54-4.1; 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 1 of the City Code, entitled "Streets and Sidewalks/In General", is amended in the following particulars: {1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE 1. IN GENERAL Sec. 54-4.1. Public Alleys. (a) Public alleys that meet the following criteria (identified on Exhibit A and which by reference is made a part of this Section), are closed, vacated, abandoned and discontinued for the purpose of which they were dedicated to public use subject to the terms and conditions as set forth in this Section. (1) The public alley is not paved in its entirety and is not utilized for vehicular access to a property abutting the public alley; or (2) Access to the entire public alley is encumbered by encroachments such as fences, planted landscaped barriers, walls, or physical obstructions that prevent vehicular access by the public as of City of Miami Page 1 of 4 File Id: 14-00345 (Version: 6) Printed On: 1/23/2018 File Number: 14-00345 Enactment Number: 13492 the date of this ordinance. (b) Utility easement. An easement shall be reserved for the installation, maintenance and operation of any utility located in or to be located in the alleys vacated by this Section, including the right of the utility to install, maintain, operate, repair and replace any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility. If the property owners whose land abuts the alley desire that an easement reservation be released, the property owners must petition the Director of the Public Works Department in writing to request the release of the easement reservation and, as part of the petition, the property owners are to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the closed and vacated alley. Upon verification of the petition and release letters, the Director of the Public Works Department may release said easement reservation. (c) The closure, vacation, abandonment and discontinuance of any alley, public or private, not identified in subsection (a) of this Section, must comply with the requirements of Section 54-4 of this Chapter. Section 3. Prior to the effective date of this ordinance, alleys listed on Exhibit A may be removed according to the following procedure: (1) Prior to the effective date of this ordinance, an alley listed on Exhibit A may be removed as an error by the City Manager or Designee in accordance with the procedure set forth in this Section. (a) The owner of property abutting any public alley listed in Exhibit A may request the removal of the abutting public alley from Exhibit A by providing written notice to the City Manager or Designee on or before February 8, 2015, which must include the following information: (i) The folio number of the property abutting the public alley listed in Exhibit A; and (ii) The specific reasons that the public alley listed in Exhibit A does not meet the criteria listed in Section 54-4.1(a). (b) The City Manager or Designee may correct an error on Exhibit A if, prior to the effective date of this ordinance, the City Manager or Designee determines that the alley listed on Exhibit A does not meet the criteria listed in Section 54-4.1(a). (2) If the City Manager or Designee determines that the public alley does not meet the criteria listed in Section 54-4.1(a), the public alley shall be removed from Exhibit A as an error on or before March 23, 2015. (3) For any public alley that is removed from Exhibit A as an error by the City Manager or Designee, the City shall mail notice of the correction of the error to all owners of properties abutting the public alley removed from Exhibit A within ten (10) days of the removal of the public alley from Exhibit A. Section 4. Appeal for Public Health, Safety, and Welfare. Any owner of property within 500 feet of an alley vacated and closed by this ordinance may appeal to the City Planning, Zoning, and Appeals Board the closure, vacation and abandonment of any alley listed in Exhibit A in accordance with the following procedure: City of Miami Page 2 of 4 File Id: 14-00345 (Version: 6) Printed On: 1/23/2018 File Number: 14-00345 Enactment Number: 13492 (1) The appellant shall file written notice of appeal with the hearing boards department, with a copy to the Director of Public Works, by February 8, 2015. Such notice of appeal shall set forth concisely the reasons or grounds for the appeal. (2) An appeal shall only be granted if there is substantial, competent evidence in the record that the closure, vacation, and abandonment of the alley adversely affects the public health, safety, and welfare of the community, or is the cause of financial hardship to citizens according to the following criteria: (a) The closure of the alley is not in the public interest, or the general public does not benefit from the vacation and closure of the alley; (b) The alley is being used by public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles; (c) The vacation and closure of the alley results in an adverse impact on the ability to provide police, fire or emergency services; (d) The vacation and closure of the alley has a detrimental effect on vehicular circulation in the area. (e) Demonstration of financial hardship to property owners where the City Planning, Zoning, and Appeals Board determines, after a noticed public hearing, that a financial hardship to the property owner exists. i. The City Planning, Zoning, and Appeals Board, sitting in a quasi-judicial capacity, may consider an appeal to remove an alley from this ordinance where an abutting property owner may demonstrate financial hardship by competent, substantial evidence. ii. This evidence may include proof of payment of the prior two (2) years of ad valorem taxes, the prior two (2) years of filed income tax returns (or a sworn statement under oath, subject to perjury, as to why tax returns are not provided), and proof that the property owner falls within Community Development Block Grant Poverty Guidelines. iii. Such evidence will raise a rebuttable presumption of financial hardship which may result in the removal of the alley from this ordinance. The City Planning, Zoning, and Appeals Board may consider other alternatives for the ultimate ownership of the alley, including but not limited to allowing an abutting owner on the other side of the alley to acquire the alley, in order to prevent the alley from being removed from the list of those to be closed. (3) The City Planning, Zoning, and Appeals Board shall hear and consider all facts material to the appeal and render a decision as promptly as possible. (4) Appeals from decisions of the City Planning, Zoning, and Appeals Board may be made to the City Commission. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials. Appeals shall be made directly to the city commission, within 15 calendar days after the date of the decision of the City Planning, Zoning, and Appeals Board. (5) Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. *1I Section 5. 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 6. This Ordinance shall become effective on March 23, 2015. {2} City of Miami Page 3 of 4 File Id: 14-00345 (Version: 6) Printed On: 1/23/2018 File Number: 14-00345 Enactment Number: 13492 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 (10) 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: 14-00345 (Version: 6) Printed On: 1/23/2018