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Legislation
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Ordinance
File Number: 15-00766
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
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 EMERGENCYACCESS 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 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 Miami Page I of 4 File Id: 15-00766 (Version: 2) Printed On: 7/9/2015
File Number., 15-00766
ENCROACHMENT IN PUBLIC RIGHT-OF-WAY
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 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 undulyt
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 emergengL
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
requisite user fee including, but not limited to, the preparation and recording 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
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File Number., 15-00766
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
regarding maintenance, indemnification and insurance in accordance with the following_
M 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 .
0 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 abuttingrrooperty 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 anx
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 this (30) days' written notice of such failure to maintain
the insurance required,
(4) 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}
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File Number., 15-00766
APPROVED AS TO FORM AND CORRECTNESS:
Footnotes:
{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 Fide Id: 15-00766 (Version: 2) Printed On: 7/9/2015