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City of Miami
Legislation
City Hall
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Drive
Miami, FL 33133
www,mlamigov.com
Ordinance
File Numben 15.00766
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56/
SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "SUBDIVISION REGULATIONS/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 65.14(G), TO ALLOW THE CITY OF
MIAMI TO ENTER INTO AN EASEMENT OVER RIGHT-OF-WAY; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the Florida Building Code authorizes local government 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 areas; 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
I
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 of City-wide importance; and
WHEREAS, after careful consideration, the City 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 56-14 of the City Code, is further amended in the
following particulars :{1}
City of Miami Page 1 of 4 File 1d: 1.5-00766 (Vasion: 1) Printed On: 611512015
File Number; 15-00766
"CHAPTER 55
SUBDIVISION REGULATIONS
ENCROACHMENT IN PUBLIC RIGHT-OF-WAY
Sec. 5514, 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 64, 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 on, an underpass below or aerial
easement above said ri-ght-of-way, public easement or emergency access easement area in
favor of the abutting property owner provided such use does not unduly restrict use of the
right-of-way, public easement or emergency access easernent area, the abutting propert
owner owns both sides of tt�e public right-of-way, public easement or emergency access
one-time user fee in accordance with subsection (c) and (f) herein below and 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 bythe
owner of the reguisite 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 W below, easement area or encroachment area,
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Re Number, 1500766
(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,
L(:a 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 owner
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 and Code, and other applicable
laws and regulations .
Q In the event of loss, darnage or destruction to the, improvements in the, easement area, o
any part thereof, so that it becomes a hazard to the health, safety and 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 abuttinq 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-b�n of
the methods provided in RS. ch, 86, 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 maybe accomplished by any other method authorized
by law, The owner shall pay all costs of collection, including reasonable attorney fees', court
costs, and abstracting and related lien expenses imposed by this chapter,
Q�Provision of an Insurance policy, or policies, with coverage HO]lts reasonably determined b
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 falls 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,
k4l 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
dama-ge, destruction, or loss to property and inlury or wrongful death to persons or any
other civil action in any, way arising from the granting and allowance the easement , an
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
CIly of Miami Page 3 of'4 File kh 19-00766 (Persian; 1) Printed On,- 611,5120,15
He Number 1500766
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)
APPROVED AS TO FORM AND CORRECTNESS:
VICt6RIA MMDEZ
CITYATTORNEY
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
(110) 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 qfAllatill Pag(,, 4 of 4 File Id: 1.5-00766 Mcpsion., 1) Printed 0io 611.512015