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HomeMy WebLinkAboutR-17-0619City of Miami Legislation Resolution R-17-0619 File Number: 3321 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE BILL 574, HOUSE BILL 521, AND SIMILAR LEGISLATION THAT PREEMPTS LOCAL REGULATION OF THE TRIMMING, REMOVAL, OR HARVESTING OF TREES AND TIMBER ON PRIVATE PROPERTY; FURTHER URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. WHEREAS, the Florida Legislature introduced Senate Bill ("SB") 574 and House Bill ("HB") 521 proposing to preempt all local regulation of tree trimming, tree removal, and tree harvesting on private property to the State of Florida ("State"); and WHEREAS, the City of Miami ("City") is known for its lush vegetation and foliage, including but not limited to, avocado, mango, key lime, cocoplum, palm, oak, black olive, gumbo -limbo, and seagrape trees; and WHEREAS, these native, non/native and exotic trees are an essential part of the life, diversity, character and history of the City, its residents and visitors; and WHEREAS, by and through Chapter 17 of the Code of the City of Miami, Florida ("City Code"), the City has crafted an ordinance to ensure that its tree canopy remains plentiful and can be enjoyed by all its residents and visitors; and WHEREAS, the City Code works to keep the tree canopy consistent from year to year; and WHEREAS, the City Code provides for a system whereby property owners work with the City to maintain the tree foliage of their properties while also respecting the need at times to remove trees, replant trees, and even eradicate prohibited species to protect our environment; and WHEREAS, these City Code requirements have served to keep the City looking like the tropical oasis that it is for all who come to live, work, and vacation here; and WHEREAS, the local vegetation of the City and the surrounding localities are always given a high-profile spotlight during nationally televised events; and WHEREAS, preempting the City or any local government from enforcing their own ordinances which have been in force and effect for decades will destroy the natural beauty of municipalities like the City; and WHEREAS, preempting local tree ordinances would deprive the City and its residents the right to determine how they want their community to look; and City of Miami Page 1 of 3 File ID: 3321 (Revision:) Printed On: 3/15/2018 File ID: 3321 Enactment Number: R-17-0619 WHEREAS, it is contrary to the best interest and welfare of the people of the City to allow the State to preempt the City's local tree ordinance; and WHEREAS, the City Commission urges the Florida Legislature to vote against any legislation that would preempt local authority when it comes to the acts relating to trimming or removal of trees; and WHEREAS, tree ordinances play a significant role in protecting green infrastructure which protects quality of life; and WHEREAS, more and more residents are understanding the value of trees within their community as time goes on; and WHEREAS, trees benefit the City and communities in a number of ways including: providing oxygen, sequestering carbon, providing aesthetic value, reducing air and noise pollution, providing shade that saves money on energy, providing a home for local wildlife, improving property value and enhancing the overall environment of the community; and WHEREAS, tree ordinances reflect the values of a community and the worth of a community's trees or urban forest; and WHEREAS, in order to protect and grow valuable tree resources, it's essential to view and manage our trees by using the guidance of a tree ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby opposes SB 574, HB 521, and similar legislation that preempts local regulation of the trimming, removal, or harvesting of trees and timber on private property. Section 3. The City Commission further urges Governor Rick Scott and the members of the Florida Legislature to oppose SB 574, HB 521, and similar legislation that preempts local regulation of the trimming, removal, or harvesting of trees and timber on private property. Section 4. The City Clerk is directed to transmit a certified copy of this Resolution to Governor Rick Scott; President of the Senate Joe Negron; Speaker Richard Corcoran; Senator Greg Steube, Sponsor of SB 574; and the members of the Miami -Dade County Legislative Delegation. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 3 File ID: 3321 (Revision:) Printed on: 3/15/2018 File ID: 3321 APPROVED AS TO FORM AND CORRECTNESS: 1 ria ' ndez, Cify Attor iey 12/412017 Enactment Number: R-17-0619 City of Miami Page 3 of 3 File ID: 3321 (Revision:) Printed on: 311512018