HomeMy WebLinkAboutBack-Up from Law Dept7/14/2017 Miami, FL Code of Ordinances
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation board (HEPB). The property owner, the
applicant, or any aggrieved party having standing under state law, may appeal to the HEPB any decision
of the department on matters relating to applications for tree removal permits, except for tree removal
permits granted to the departments of public works or capital improvements, by filing a written notice
of appeal to the preservation officer, as established in section 62-191, within ten calendar days after the
date of the intended decision. The notice of appeal shall include the decision appealed from and the
reasons or grounds for the appeal. HEPB shall hear and consider all facts material to the appeal. HEPB
may affirm, modify or reverse the decision of the department.
All appeals to the HEPB in accordance with this section shall be accompanied by a fee of $315.00.
However, no fees shall be assessed for appeals initiated by an owner of property which abuts the subject
property for which a tree removal permit is sought, including properties located across a street or alley
from the subject property, appeals by a nonprofit corporation dedicated to conservation and protection of
the natural and physical environment, or appeals by a homeowners association, as defined by F.S. ch. 720,
as amended, which has one member who owns property within 500 feet of the subject property.
(b) Appeals to the city commission. The property owner, the applicant, the department, or any aggrieved
party having standing under state law, may appeal to the city commission any decision of the historic
and environmental preservation board on matters relating to applications for tree removal permits by
filing a written notice of appeal with the department of hearing boards within 15 calendar days after the
date of the decision. The property owner, the applicant, or any aggrieved party having standing under
state law may appeal to the city commission any tree removal permit granted to the departments of
public works or capital improvements or to their contractors, by filing a written notice of appeal with
the department of hearing boards, within 15 calendar days after the date of issuance of the permit. The
notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal.
The city commission shall conduct a hearing de novo as a body of original jurisdiction, upon any appeal
and/or review from an appealable decision under the terms of this ordinance, as amended. New
evidence or materials may be received by the city commission where such evidence or materials are
pertinent to a determination of the appeal. The city commission may hear the testimony of witnesses
and/or any other evidence offered by any person aggrieved or by any officer, board or agency of the
city affected thereby or by any interested party having an interest in the appeal under state law and
may, in conformity with this article and other applicable laws, rules and regulations, render its decision.
The city commission shall hear and consider all facts material to the appeal and may affirm, modify or
reverse, in whole or in part, with or without conditions, HEPB's decision, or may grant or deny the
appeal of the tree removal permit issued to the departments of public works and capital improvements.
All appeals to the city commission in accordance with this section shall be accompanied by a fee of
$500.00, plus $3.50 per mailed notice to the adjacent owners within a 500 -foot radius. However, no fees
shall be assessed for appeals initiated by an owner of property which abuts the subject property for which a
https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeld=PTIITHCO_CH17ENPR_ARTITRPRGE_Sl7-8APAPFE 1/2
WEYAK VA
Miami, FL Code of Ordinances
tree removal permit is sought, including properties located across a street or alley from the subject
property, appeals by a nonprofit corporation dedicated to conservation and protection of the natural and
physical environment, or appeals by a homeowners association, as that term is defined by F.S. ch. 720, as
amended, which has one member who owns property within 500 feet of the subject property.
The decision of the city commission shall constitute final administrative review, and no petition for
rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the city commission
may be made to the courts as provided by the Florida Rules of Appellate Procedure.
(c) Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and place of the
public hearing shall be mailed at least ten calendar days in advance of the hearing to the owner of the
subject property and the owners of the adjacent properties. At least ten calendar days in advance of the
hearing, a sign, in compliance with the provisions of subsection 62-129(2)a., shall be posted on the
subject property.
(d) No tree removal permitted during an appeal. Upon timely submission of an appeal made pursuant to
the requirements of this section, removal of any trees which could be affected by the subject appeal is
prohibited, pending final disposition of the appeal. A violation of this subsection will automatically
result in an additional $500.00 fine payable to the city's tree trust fund for each separate violation of
this section.
(Ord. No. 13174, § 2, 5-13-10)
https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeld=PTIITHCO_CH17ENPR_ARTITRPRGE_Sl7-8APAPFE 2/2