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Home My WebLink AboutO-13535Vop City of Miami W F .. is,.,"�, *'Ir Legislation i 0 R �O Ordinance: 13535 File Number: 15-00766 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55, SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS", TO BE CONSISTENT WITH APPLICABLE LAW AND CREATING SECTION 55-14(G), TO ALLOW THE CITY TO ENTER INTO AN EASEMENT OVER RIGHTS-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Building Code authorizes local governments having jurisdiction to allow and regulate the encroachment of enclosed space above and below a right-of-way; and WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), permits an encroachment of a pedestrian or vehicular overpass, subject to City Commission approval by resolution, above and below a right-of-way, public easement, private easement or emergency access easement area; and WHEREAS, the City of Miami ("City") acknowledges the importance of allowing certain encroachments on the public right-of-way and has granted certain easements in the past; and WHEREAS, to ensure the proper regulation of an encroachment above or below a right-of-way, public easement or emergency access easement area, it is necessary to clarify that an easement may be granted by the City Commission to facilitate the successful initiation of critical developments improving regional transportation and mobility of City-wide importance; and WHEREAS, after careful consideration, the City Commission deems it advisable and in the best interest of the general welfare of the City and its residents to amend the City Code, as hereinafter set forth; 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 fully set forth in this Section. Section 2. Chapter 55, Section 55-14 of the City Code, is further amended in the following particulars :{1) "CHAPTER 55 SUBDIVISION REGULATIONS City of Miand Page I of 4 File Id. 15-00766 (Version: 2) Printed On: 3/15/2018 File Number: 15-00766 ENCROACHMENT IN PUBLIC RIGHT-OF-WAY Enactment Number: 13535 Sec. 55-14. - Encroachments on or in rights-of-way, public easements, private easements or emergency access easements; exceptions. (a) No building or any other type of structure shall be permitted on or in any right-of-way, public easement or emergency access easement, except required or approved utility installations, or as may be permitted under the Florida Building Code or chapter 54, or as stated herein. (b) The city commission, by resolution, may permit an encroachment which does not unduly restrict use of the right-of-way, public easement or emergency access easement area where such encroachment is a necessary essential element in the construction of an otherwise authorized pedestrian and/or vehicular overpass above or underpass below said right-of-way, public easement or emergency access easement area subject to payment of a one time user fee in accordance with subsection (c and f) herein below and to the recording of a covenant to run with the land executed by the property owner in accordance with subsection (d) herein below, with the payment by the owner of the requisite user fee including, but not limited to, the preparation and recording of said covenant. Notwithstanding, the City Commission, by resolution, may grant a perpetual, exclusive easement (or an easement conveying a lesser interest as stated in the Resolution) on an underpass below or aerial easement above said right-of-way, public easement or emergency access easement area in favor of the abutting property owner provided such use does not unduly restrict the use of the right-of-way, public easement or emergency access easement area; the abutting property owner owns both sides of the public right-of-way, public easement or emergency access easement area; and the easement underpass or aerial easement is necessary for a transit oriented development project of City -Wide or regional importance, subject to payment of a one-time user fee in accordance with subsections (c), (f), and (g) herein below, and subject to the recording of an easement or aerial easement to run with the land executed by the abutting property owner in accordance with subsection (g) herein below, with the concurrent payment by the owner of the reauisite user fee includina. but not limited to. the preparation and recordina of said easement. (c) Calculation of user fee. The user fee shall be calculated as follows: (1) Property owner must obtain a certified appraisal for the land value of the two properties from a certified general appraiser approved by the city. The land value per square foot of building shall be determined by dividing the total market value of the land comprising the entire project site by the maximum amount of building square footage that can be constructed by right as permitted by the applicable city zoning ordinance(s). (2) The estimated value of the aerial or subterranean rights shall be determined by multiplying the land value per square foot of building determined in subsection (c)(1), by the total square footage of the proposed passageway(s) including multiple levels, or with respect to subsection (g) below, easement area or encroachment area. (f) The user fee required under this section shall not apply to governmental entities and agencies, including state, county and city departments or instrumentalities that are exempted from payment of this user fee. The user fee required under this section shall not apply to transportation projects that are of regional importance that serve a public purpose, as determined by the City Commission, and which operate in the tri -county (Miami -Dade, Broward, and Palm Beach County) area or a larger area, or to public transit and public agencies or entities providing rail related projects. The City City of Miami Page 2 of 4 File Id: 15-00766 (Version: 2) Printed On: 3/15/2018 File Number: 15-00766 Enactment Number: 13535 reserves its right to provide, impose and collect such other municipal fees, charges, costs, or impositions as provided by applicable laws, codes and regulations on the development project. (g) The recording of a perpetual, exclusive easement or aerial easement in favor of the abutting property owner, with acknowledgement of reciprocal agreement by abutting property owners reaardina maintenance. indemnification and insurance in accordance with the followina: Maintenance of the improvements in the easement area by the abutting property owner in accordance with the Florida Building Code, the City Charter, the City Code, and other applicable laws and regulations . In the event of loss, damage or destruction to the improvements in the easement area, or any part thereof, so that it becomes a hazard to the health, safety or welfare of the public, the owner of the abutting property shall repair as soon as reasonably practicable to a safe condition, but in no event later than 365 days from the date of loss, damage or destruction. In the event of the failure of the property owner to restore, maintain, or remove the improvements in the easement area, within this prescribed period of time, the City Manager may contract for the restoration of the improvements in the easement area, and place a special assessment lien against the owner's abutting private property for the unpaid cost of the restoration. These unpaid costs and expenses incurred by the City or its agents shall constitute, and are hereby imposed as special assessment liens against the abutting private real property of the owner. Such special assessment liens for the repair, maintenance or restoration costs and interest and costs thereon may be enforced by any of the methods provided in F.S. Ch. 85, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. Ch. 170 and Ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner shall pay all costs of collection, including reasonable attorneys' fees, court costs, and abstracting and related lien expenses imposed by this Chapter. Provision of an insurance policy, or policies, with coverage limits reasonably determined by the City's Risk Manager, listing the City as an additional insured on all applicable liability policies. This insurance shall be primary and non-contributory, and must remain in effect as long as the encroachment exists in the right-of-way, public easement or emergency access easement. If the property owner fails to continue to provide the insurance coverage, the City shall have the right to secure a similar insurance policy in its name and place a special assessment lien against the owner's abutting private property as set forth above in subsection (b), for the total cost of the premium, after providing the owner with thirty (30) days' written notice of such failure to maintain the insurance required. The abutting property owner shall hold harmless, defend, and indemnify the City, its officials and employees, at the property owner's own cost and expense, from any claims for damage, destruction, or loss to property and injury or wrongful death to persons or any other civil action in any way arising from the granting and allowance the easement, and any claims arising from matters addressed in the easement, of any nature whatsoever arising out of the use, construction, condition, maintenance, restoration or removal of the overpass or underpass. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} City of Miand Page 3 of 4 File Id. 15-00766 (Version: 2) Printed On: 3/15/2018 File Number: 15-00766 Footnotes: Enactment Number: 13535 {1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {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 or upon the effective state stated herein, whichever is later. City of Miami Page 4 of 4 File Id. 15-00766 (Version: 2) Printed On: 3/15/2018