HomeMy WebLinkAboutO-14239City of Miami
Ordinance 14239
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14640 Final Action Date: 12/14/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
55/SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS/
ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE RIGHTS -OF -
WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS, OR EMERGENCY
ACCESS EASEMENTS; EXCEPTIONS," TO INCLUDE FOR THE ALLOWANCE
OF AN ENCROACHMENT INTO A PRIVATE EASEMENT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City
Code"), titled "Subdivision Regulations," sets procedures and requirements for platting and re -
platting, which frequently includes the vacation/closure of rights -of -way and/or abandonment of
easements or alleys; and
WHEREAS, the City Code permits the City Manager or designee to allow
encroachments into private easements where said encroachments are not a safety hazard,
subject to various restrictions; and
WHEREAS, the City Code also provides for the vacation and closure of rights -of -way
and private easements by plat, subject to various restrictions; and
WHEREAS, it is necessary to ensure the proper regulation of encroachments onto, into,
below, and/or above private easements;
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. Chapter 55 of the City Code is hereby amended in the following particulars:1
"CHAPTER 55
SUBDIVISION REGULATIONS
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.
City of Miami Page 1 of 2 File ID: 14640 (Revision: A) Printed On: 7/18/2025
File ID: 14640 Enactment Number: 14239
55-14. Encroachments onto, into, below, and/or above rights -of -way, public easements, private
easements, or emergency access easements; exceptions.
(e) The city manager or designee may permit an encroachment onto, into, below,
and/or above a private easement, or emergency access easement, where said
encroachment is not a safety hazard, and subject to the criteria in subsections (1) and
below:
(2) Encroachments onto, into, below, and/or above a private easement shall be
permitted as set forth herein. The City Manager or designee may permit an
encroachment onto, into, below, and/or above a private easement where said
encroachment is not a safety hazard, subject to receipt by the city of (i) written
consent of the holder(s) of the private easement(s), (ii) written releases from all
benefited specified individuals or public or private entities, or a certification that no
such benefited individuals or public or private entities exist within the easement, (iii)
recommendations of approval from the departments of police, resilience and public
works, fire- rescue, general services administration, solid waste, planning, building
and zoning, or alternatively approval by the Plat and Street Committee and (iv) an
executed hold harmless and indemnification agreement by both the requesting
private parties and the holder of the private easement (unless the holder of the
easement is a utility) for the benefit of the City in a form acceptable to the city
attorney, with the herein exceptions being subject to compliance with all other
requirements of law.
*„
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. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 11/4/2023
ndez, ity Attor ey 12/5/2023
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 2 of 2 File ID: 14640 (Revision: A) Printed on: 7/18/2025