HomeMy WebLinkAboutO-08255ORDINANCE No.
8255
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OP
THE CITY OP MIAMI BY DELETING SECTCON 54-34 . 1
AND SUBSTITUTING TiE:RI','FOR A NEW SECTION 54--34. 1
TO PROVIL)E THAT SI1)t ALXS AND/OR CURE AND CUTTER
BE CONSTRUCTED, RECONSTRUCTED OR REPAIRED L) WHENEVER
PRIVATE PROPERTY :[S IMPROVED :[N THE VALUE OP
$5, 000. 00 OR FIORE OR 650 SQUARE L EL:'i.' IN AREA
PURSUANT TO A BUILDING PERMIT ISSUED BY THE CITY
OF :,1IAM1 ; PROVIDING TLIAT NOTICE '.1'O) CON;:': i2i.1c'i.',
RECCNS`i'I{[JCT OR REPAIR ;SILAT,L, 1ih; GIVEN TO TILE
APPLICANT; 1II2ECT.[t G THE WITUI'IOLI)TI'TG OF CERTIFI-
CATES OF OCCUPANCY UNTIL SUCH SIDEWALKS AND/OR
CURB AND GUTTER ARE PROPERLY CONSTRUCTED,
RECONSTRUCTED OR REPAIRED; PROVIDING THAT THE
PROPERTY OWNER (S) SHALL PAY THE COST OF SUCH
CONSTRUCTION, RECONSTRUCTION OR REPAIRS; AUTHOR-
IZING THE CITY MANAGER TO ALLOW VARIATIONS AND
DEVIATIONS AND 1) REQUIRING PROPERTY ONNER (S) TO
EXECUTE A COVENANT; P'ZOVIDING THAT TEI.IS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING FOR A SEVERAI3ILITY
CLAUSE.
WHEREAS, as properties in the City are improved and vehicular
and pedestrian traffic increases, there is a greater need for the
existence of sidewalks and/or curb and gutter,' along the sides of
private pre erty, in a safe condition and location for the health,
welfare and safety of pedestrians; and
WHEREAS, the City requires street line sidewalks and/or curb
and gutter in new subdivisions and there is an immediate need to
provide by adequate regulation for the construction, reconstruction
and repair of sidewalks and/or curb and gutter contiguous to private
property that is being improved pursuant to building permits issued
by the City of Miami and the passing of vehicles over said sidewalks
anti/or curb and gutter as ingress and egress to private property; and
WHEREAS, it is deemed in the interest of the health, safety,
welfare :And protection of property of the citizens of the City of
Mi6,ui, that the City provide adequate and safe sidewalks and/or
curb and cutter for pedestrian travel; and
Wiil'REAs, the construction of curb and gutter should
necessarily accompany the construction, reconstruction or re-
pair of sidewalks; and
WHEREAS, the City desires to clarify any ambiguity which
may exist with regard to the property owner's (owners') duty to
pay
for sidewalk and/or curb and gutter construction, reconstruc--
tion or repair;
NOW, THEREFORE, I3E IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That Chapter 54 of the Code of the City of Miami
is hereby amended by deleting Section 54-34.1, and substituting
therefor a new section numbered 54-34.1 requiring improvements to
sidewalks and/or curb and gutter whenever private property is
improved in the value of $5,000.00 or more or 650 square feet in
area pursuant to a building permit issued by the City to read as
follows:
Sep. 54-34.1 -- Requirements to repair, replace or
construct sidewalks and/or curb and gu'r. -r in new
construction or construction of $5,000.00 or more in
value or exceeding 650 square feet or more in area.
(a) That sidewalks and/or curb and gutter shall be
constructed, reconstructed or repaired when any private
property located within the corporate limits of the City
of Miami is improved by the construction, reconstruction
or repair of any type of structure of $5,000.00 or more
in value, or that said building to be constructed or
reconstructed is G50 square feet or more in area, for
which a building permit is required.
(b) That the proper officials of the City of Miami
shall notify the applicant for the building permit that
all sidewalks and/or curb and gutter adjacent to the
lot or parcel to be improved shall be constructed, re-
constructed or repaired; that sidewalks and/or curb and
gutter shall be constructed as provided in Chapter 54
of the Code of the City of Miami, as amended; that in
the event the surface of any walk or sidewalk and/or
curb and gutter is uneven, cracked or broken, these
portions of the sidewalk and/or curb and gutter shall
be replaced.
2
A
(c) That .he proper of ic.i l.s of the City of Miami
are hereby directel that they shall withhold the
certificates of occupancy until said :sidewalk;; and/or
curb and gutter arc properly constructed, reconstructed
or repaired as provided in subparagraphs (a) and (L )
above.
(d) That the City Mana% er is hereby authorized to
approve and allow variations and deviations from the
above requirements of repairing, replacing or construct-
ing sidewalk and/or curb and gutter, as he determines
necessary, based on they conditions of the terrain and
the existing sidewalk and/or curb and gutter improve-
ments contiguous to the property involved, provided
that the property owner(s) furnish the City with a
properly executed covenant in which the property owner(s)
agree to pay the cost of the sidewalk anti/or curb and
gutter construction when such construction is required
by the City.
Section 2. This Ordinance shall be deemed to be cumulative
and shall not repeal any other ordinance of the City of Miami.
Section 3. That in the event any section, paragraph,
sentence, clause or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
co,npetent jurisdiction, such unconstitutionality shall not affect
any of the remaining clauses, sentences, paragraphs, phrases or
sections of this Ordinance since the same would have been enacted
by the City Commission without the incorporation in this Ordinance
of any such unconstitutional clause, phrase, sentence, paragraph
or section.
PASSED AND ADOPTED on first reading by title only this
day of April , 1974.
llth
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9t`i clay of May , 1974.
MAURICE A FERRE
Attest;
MAYOR
R.D. SOUTHERN
City Clerk
3
III I NINIIINRI MI I III.__
MIAMI REVIEW
AND DAILY RtCC)€tD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally eft
peered Martha Drobnle, who on oath says that she
Is the V.P., Legal Ads of the Miami Review and
Daily Record. a daffy (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami In
Dade County Florida; that the attached copy of edver•
tlsement, being a Legal Advertisement or Notice In
the matter of
..C.ity o£...ASiami.r F.1orida
Re:
Adoption of Ordinance No. 8255
in the XXX.. Court,
was published in said newspaper in the issuos of
..May 15., 1914
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
In said Dade County, Florida, and that the said news-
paper has heretofore been continuously published in
said Dade County, Florida, each day (except Saturday.
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purp�ose Ls�curing this advertisement
for publication In r seal E rre�rsaaper.
` orrrto and sussc e'{rbore me this
.15thd y Qf..`.............May 19.......%.4
Mare�rs Nth
Notary Public, "Stat��bF rida et Large.
(SEAL) ;
My Commission explrK_Si nber 1, 1977.
�1rr
fft'dt dWfhilloffaily
Cor►tifniusiin Of m
Frdrrd* lid fed eat
fined
AN DREFINAKE►iIAE1t if4G
CHAPtER:344 OP THE CODE
DELETING SECT oN 5 i• i 1
AND SUBSTITUTING
THEREFOR A. NEW SECTION
34-34.1 TO PROVIDE ?N p.T
SIDEWALKS AND/OR
CURB AND GUTTER
BE CONSTRUCTED,
RECONSTRUCTED OR
REPAIRED WHENEVER
PRIVATE PROPERTY IS
IMPROVED IN THE VALUE
OF 55,000.00 OR MORE OR 650
SQUARE FEET IN AREA
PURSUANT TO A BUILDING
PERMIT ISSUED BY THE
CITY OF MIAMI; PROVIDING
THAT NOTICE TO
CONSTRUCT, RECONSTRUCT
OR REPAIR SHALL BE GIVEN
TO THE APPLICANT;
DIRECTING THE
WITHHOLDING OF
CERTIFICATES OF
OCCUPANCY UNTIL SUCH
SIDEWALKS AND/OR CURB
AND GUTTER ARE
PROPERLY CONSTRUCTED,
RECONSTRUCTED. OR
REPAIRED; PROVIDING
THAT THE PROPERTY
OWNER (5) SHALL
PAY THE COST OF
SUCH CONSTRUCTION,
RECONSTRUCTION OR
REPAIRS; AUTHORIZING
THE CITY MANAGER TO
ALLOW VARIATIONS AND
DEVIATIONS AND
REQUIRING PROPERTY
OWNER (S) TO EXECUTE A
COVENANT; PROVIDING
THAT THIS ORDINANCE
SHALL BE CUMULATIVE;
PROVIDING FOR A
SEVERABILITY CLAUSE.
which is designated Ordinance No.
8255.
H. D. SOUTHERN
CITY CLERK
CITY OF MIAMI,
FLORIDA
Publication of this notice on the Ili
15th day of May, 1974.
5/15 M 50552
GFK:gg
4/5/74
ORDINANCE No. C
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF
THE CITY OF MIAMI BY DELETING SECTION 54-34.1
AND SUBSTITUTING THEREFOR A NEW SECTION 54-34.1
TO PROVIDE THAT SIDEWALKS AND/OR CURB AND GUTTER
BE CONSTRUCTED, RECONSTRUCTED OR REPAIRED WHENEVER
PRIVATE PROPERTY IS IMPROVED IN THE VALUE OF
$5,000.00 OR MORE OR 650 SQUARE FEET IN AREA
PURSUANT TO A BUILDING PERMIT ISSUED BY THE CITY
OF MIAMI; PROVIDING THAT NOTICE TO CONSTRUCT,
RECONSTRUCT OR REPAIR SHALL BE GIVEN TO THE
APPLICANT; DIRECTING THE WITHHOLDING OF CERTIFI-
CATES OF OCCUPANCY UNTIL SUCH SIDEWALKS AND/OR
CURB AND GUTTER ARE PROPERLY CONSTRUCTED,
RECONSTRUCTED OR REPAIRED; PROVIDING THAT THE
PROPERTY OWNER(S) SHALL PAY THE COST OF SUCH
CONSTRUCTION, RECONSTRUCTION OR REPAIRS; AUTHOR-
IZING THE CITY MANAGER TO ALLOW VARIATIONS AND
DEVIATIONS AND REQUIRING PROPERTY OWNER(S) TO
EXECUTE A COVENANT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING FOR A SEVERABILITY
CLAUSE.
WHEREAS, as properties in the City are improved and vehicular
and pedestrian traffic increases, there is a greater need for the
existence of sidewalks and/or curb and gutter, along the sides of
private property, in a safe condition and location for the health,
welfare and safety of pedestrians; and
WHEREAS, the City requires street line sidewalks and/or curb
and gutter in new subdivisions and there is an immediate need to
provide by adequate regulation for the construction, reconstruction
and repair of sidewalks and/or curb and gutter contiguous to private
property that is being improved pursuant to building permits issued
by the City of Miami and the passing of vehicles over said sidewalks
and/or curb and gutter as ingress and egress to private property; and
WHEREAS, it is deemed in the interest of the health, safety,
welfare and protection of property of the citizens of the City of
Miami, that the City provide adequate and safe s•rdewalks-an-d/or
curb and gutter for pedestrian travel; and
•
WHEREAS, the construction of curb and gutter should
necessarily accompany the construction, reconstruction or re-
pair of sidewalks; and
WHEREAS, the City desires to clarify any ambiguity which
may exist with regard to the property owner's (owners') duty to
pay for sidewalk and/or curb and gutter construction, reconstruc-
tion or repair;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That Chapter 54 of the Code of the City of Miami
is hereby amended by deleting Section 54-34.1, and substituting
therefor a new section numbered 54-34.1 requiring improvements to
sidewalks and/or curb and gutter whenever private property is
improved in the value of $5,000.00 or more or 650 square feet in
area pursuant to a building permit issued by the City to read as
follows:
Sec. 54-34.1 -- Requirements to repair, replace or
construct sidewalks and/or curb and gutter in new
construction or construction of $5,000.00 or more in
value or exceeding 650 square feet or more in area.
(a) That sidewalks and/or curb and gutter shall be
constructed, reconstructed or repaired when any private
property located within the corporate limits of the City
of Miami is improved by the construction, reconstruction
or repair of any type of structure of $5,000.00 or more
in value, or that said building to be constructed or
reconstructed is 650 square feet or more in area, for
which a building permit is required.
(b) That the proper officials of the City of Miami
shall notify the applicant for the building permit that
all sidewalks and/or curb and gutter adjacent to the
lot or parcel to be improved shall be constructed, re-
constructed or repaired; that sidewalks and/or curb and
gutter shall be constructed as provided in Chapter 54
of the Code of the City of Miami, as amended; that in
the event the surface of any walk or sidewalk and/or
curb and gutter is uneven, cracked or broken, these
portions of the sidewalk and/or curb and gutter shall
be replaced.
2
(c) That the proper officials of the City of Miami
are hereby directed that they shall withhold the
certificates of occupancy until said sidewalks and/or
curb and gutter are properly constructed, reconstructed
or repaired as provided in subparagraphs (a) and (b)
above.
(d) That the City Manager is hereby authorized to
approve and allow variations and deviations from the
above requirements of repairing, replacing or construct-
ing sidewalk and/or curb and gutter, as he determines
necessary, based on the conditions of the terrain and
the existing sidewalk and/or curb and gutter improve-
ments contiguous to the property involved, provided
that the property owner(s) furnish the City with a
properly executed covenant in which the property owner(s)
agree to pay the cost of the sidewalk and/or curb and
gutter construction when such construction is required
by the City.
Section 2. This Ordinance shall be deemed to be cumulative
and shall not repeal any other ordinance of the City of Miami.
Section 3. That in the event any section, paragraph,
sentence, clause or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining clauses, sentences, paragraphs, phrases or
sections of this Ordinance since the same would have been enacted
by the City Commission without the incorporation in this Ordinance
of any such unconstitutional clause, phrase, sentence, paragraph
or section.
PASSED AND ADOPTED on first reading by title only this //
day of A p r': , 1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
Mai/
3
, 1974.
MAYOR
Attest:
City Clerk
•
PREPARED AND APPROVED BY:
George F. Knox
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
17144,(-1
hn S. Lloyd
City Attorney
H, P. SNC1'"5"7.:4 , t r �J2' C..f lfii�`'' `'-� '7��J arzd^s
herei>y c r�*i� on 1-2
fcr_
this,/day of lull
(' Ct �' ,"r of ti-',
t.:a ;•.��t.'G
., .
c,=;:fcr.
gal seal of ,-
A. D.Y 1
Cl e r k
•