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HomeMy WebLinkAboutBack-Up from Law DeptSec. 54-191. - Temporary encroachments. (a) Whenever an owner of property within the city wishes to install a temporary encroachment, i.e., fence, wall, or hedge, within the undedicated area between the platted or dedicated right-of-way line and the established base building line, the owner shall, before beginning any installation, construction or planting, make formal request for such an encroachment, in writing, to the director of the department of public works, said request to be evaluated as indicated in subsection (c) hereinbelow. The owner shall submit with his request a current survey of the property, and a sketch or drawing showing sufficient detail to accurately portray the nature and extent of the encroachment. (b) If a fence, wall, hedge, or previously permitted accessory structure exists within the dedicated right- of-way, the city commission may permit said fence, wall, hedge, or previously permitted accessory structure to remain or be reinstalled, reconstructed or replanted within the dedicated right-of-way (if damaged, less than 50 percent of its area), if the owner of said fence, wall, hedge, or previously permitted accessory structure furnishes proof to the city commission that said fence, wall hedge, or previously permitted accessory structure was built prior to March 24, 1983. Proof may consist of a building permit, a survey, an aerial photo, a recorded document prepared prior to March 24, 1983, a certificate of occupancy or completion issued prior to March 24, 1983, or a sworn document from a person or persons, other than the present owner, familiar with the property, attesting to the existence or construction of the wall, fence hedge, or previously permitted accessory structure prior to March 24, 1983. Any reinstallation, reconstruction or replanting of a fence, wall, hedge, or previously permitted accessory structure permitted pursuant to this section shall conform to the following requirements: (1) The materials used shall be the same as or substantially similar to those of the fence, wall, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted. (2) Its height, length and width shall not exceed that of the fence, wall, hedge, or previously permitted accessory structure being reinstalled, reconstructed or replanted. It shall conform to the visibility triangle requirements of the zoning ordinance of the City of Miami in effect at the time the permit was issued. The owner shall submit a formal request to the director of public works. The director shall transmit said request to the city commission, to be evaluated in accordance with the procedure outlined in subsection (c), hereinbelow. Upon consideration of the request, the city commission, at a public hearing, may approve or deny the request as submitted. Said public hearing shall be requested by and at the expense of the owner. The director shall establish a schedule of fees for such public hearings. (3) If the request is denied, the existing fence, wall hedge, or previously permitted accessory structure shall be removed at no cost to the city, within 30 days of notification by the director of the department of public works that said removal is required. In the event of failure by the 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. (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. 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. (3) (4) (5) Dedication to the city of the necessary right-of-way upon removal of the encroachment. 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. 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 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 family housing which are two 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 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. (Ord. No. 9583, § 1, 3-24-83; Code 1980, § 54-105; Ord. No. 11277, § 2(54-105), 7-13-85; Ord. No. 13266, § 2, 5-26-11; Ord. No. 13428, § 2, 1-23-14)