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File ID: #3650
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION
REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14, ENTITLED
"ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE
EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO ALLOW FOR
ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE EMERGENCY ACCESS
EASEMENTS, AND SECTION 55-15, ENTITLED "VACATION AND CLOSURE OF RIGHTS-
OF-WAY AND PLATTED EASEMENTS BY PLAT," TO PROVIDE FOR THE VACATION AND
CLOSURE OF EMERGENCY ACCESS EASEMENTS NOT REQUIRED BY THE CITY;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
File Number: 3650
City of Miami
Legislation
Ordinance
Enactment Number: 13761
Final Action Date: 4/12/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION
55-14, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS;
EXCEPTIONS," TO ALLOW FOR ENCROACHMENTS ONTO, INTO, BELOW,
AND/OR ABOVE EMERGENCY ACCESS EASEMENTS, AND SECTION 55-15,
ENTITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED
EASEMENTS BY PLAT," TO PROVIDE FOR THE VACATION AND CLOSURE OF
EMERGENCY ACCESS EASEMENTS NOT REQUIRED BY THE CITY; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Building Code authorizes local governments the jurisdiction to
allow and regulate rights-of-way and platted easements; and
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), permits
the City Manager or designee to allow encroachments into easements where said
encroachments are not a safety hazard, subject to various restrictions; and
WHEREAS, the City Code also provides for the vacation and closure of rights-of-way
and platted easements by plat, subject to various restrictions; and
WHEREAS, it is necessary to ensure the proper regulation of encroachments onto, into,
below, and/or above emergency access easements; and
WHEREAS, it is also necessary to provide for the vacation and closure of emergency
access easements not required by the City of Miami ("City");
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 if fully set forth in this Section.
Section 2. Chapter 55 of the City Code, entitled "Subdivision Regulations," is hereby
amended in the following particulars:'
"CHAPTER 55
SUBDIVISION REGULATIONS
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
Sec. 55-14. Encroachments onto e -into, below, and/or above rights-of-way, public easements,
private easements, or emergency access easements; exceptions.
(a) No building or any other type of structure shall be permitted onto, er-into, below and/or
above any right-of-way, public easement, private easement, or emergency access easement,
except required or approved utility installations, or as may be permitted under the Florida
Building Code or chapter 54 of the City Code, 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 -,_2r public easement ^r eFneFgeRGy aGGess ease ept 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 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 code.
(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.
(d) Covenant to run with the land. The covenant to run with the land (covenant) shall be in a
form acceptable to the city attorney. The provisions of the covenant shall include but not be
limited to:
(1) Maintenance of the overpass or underpass by the property owner in accordance with the
Florida Building Code and the City Charter and Code.
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
(2) Restoration or removal of the encroachment by the property owner within 30 days of
written notification by the director of the department of public works to properly maintain,
restore, or remove the overpass or underpass, as applicable.
(3) In the event of failure of the property owner to restore, maintain or remove the overpass
or underpass, when notified, the city manager may contract for the restoration or removal of
the overpass or underpass, and place a special assessment lien against the owner's
abutting private property for the unpaid cost of the restoration or removal. 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, and until fully paid and discharged, or barred by law, shall remain liens equal in rank
and dignity with liens of city and county ad valorem taxes and superior in rank and dignity to
all other liens, encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within 60 days after their due date. The
total outstanding balance of delinquent fees and related charges shall bear an interest
charge of one percent per month, on any and all of the outstanding balance of the fees due,
and if not fully paid with all accrued interest by the due date will continue to accrue interest
at the rate of one percent per month. Unpaid and delinquent fees, together with accrued
interest, shall remain and constitute special assessment liens against the private property
owner's abutting real property involved which is deriving a benefit under this chapter. Such
special assessment liens for the repair, maintenance, removal 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. 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 attorney fees, court costs, and abstracting and related lien
expenses imposed by this chapter.
(4) Provision of an insurance policy, in an amount determined by the city's risk manager,
naming the city as an additional insured for public liability and property damage. This
insurance shall be 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 (c)(3), for the total cost of the premium.
(5) The property owner shall hold harmless and indemnify the city, its officials and
employees from any claims for damage or loss to property and injury to persons of any
nature whatsoever arising out of the use, construction, maintenance or removal of the
overpass or underpass and from and against any claims which may arise out of the granting
of permission for the encroachment or any activity performed under the terms of the
covenant.
(e) The city manager or designee may permit an encroachment onto, into, below, and/or above
a private easement; or emergency access easement, where said encroachment is not a safety
hazard, s bjeGt tG Fe Geipt by the pity of wFitteR GGRse Rt of the heldeF(s) of the pFiyato
,
of subject to the criteria in (e)(1) below:
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
(1) Emergency access easements; alternate method for encroachments onto, into, below
and/or above emergency access easements.
a. Applicability. For encroachments onto, into, below and/or above emergency access
easements shall be permitted as described herein.
b. Initiating a request for an emergency access easement encroachment. The City
Manager, or designee, the City Commission, or a private applicant may initiate the
reauest for encroachments onto. into. below and/or above an emeraencv access
easement.
c. Procedures.
i. Pre -application review. The application for encroachment onto, into, below and/or
above an emergency access easement shall be submitted for review to the
Supervisor of Plats prior to applying for the encroachment approval.
ii. Application procedures. After the pre -application review, a completed emergency
access easement encroachment application package shall be submitted to
the Supervisor of Plats. The application package shall consist of the following:
1. Completed application form;
2. Non-refundable application and notice fees are due pursuant to Sections 2-
269, 55-14(c), 62-156, and 62-22 of the Code if the encroachment onto, into,
below and/or above the emergency access easement is requested by an
applicant, other than any governmental agencies;
3. Legal description of all parcels of land abutting the emergency access
easement proposed to be encroached upon;
4. List of all owners, including addresses, that abut the emergency access
easement to be encroached pursuant to the most current Miami -Dade County
Tax Roll and dated no later than ten (10) days prior to submission of the
application;
5. Proof of ownership by the owners of the properties which are subject to the
emergency access easement to be encroached upon; and
iii. Review process.
1. Publication requirement. Notice of the Plat and Street Committee meeting
shall be published with the City Clerk prior to the Plat and Street Committee
Meeting.
2. Notice to those listed in Section 55-14(e)(1)(c)(ii)(4) by United States Postal
Service mail and posting at each entrance/exit way of the emergency access
easement.
3. Plat and Street Committee review. The application shall be submitted to
the Plat and Street Committee at least fifteen (15) days prior to the next meeting.
The Plat and Street Committee shall determine whether the City currently uses
the emergency access easement, including the City's public service
vehicles, such as Police, Fire -Rescue, Solid Waste and Public Works, during the
past twelve (12) months, in making its decision. The Plat and Street
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
Committee may permit an encroachment onto, into, below and/or above an
emergency access easement, where said encroachment is not a safety hazard.
A private applicant requesting such an encroachment onto, into, below and/or
above an emergency access easement shall provide an executed hold harmless
and indemnification agreement for the benefit of the City in a form acceptable to
the City Attorney. The Plat and Street Committee shall make written findings of
whether it recommends to unconditionally approve, approve with conditions, or
deny the requested encroachment onto, into, below and/or above the emergency
access easement. After issuance of the findings of fact and recommendations by
the Plat and Street Committee, applications for the encroachment shall be
submitted for approval by the City Manager, or designee.
4. Recording of instrument in the public record. A document as adopted by the
Plat and Street Committee shall be recorded in the public records of Miami -Dade
Countv. Florida.
5. Authorization for City Manager to correct any typographical and/or non -
substantial errors. In the instance when a certified opinion of title is received and
reviewed by the City Attorney demonstrating that a typographical and/or non -
substantial error has occurred in the legal description of an emergency access
easement that was encroached upon pursuant to this section, the City Manager,
or designee, shall be authorized to execute documents, in a form acceptable to
the City Attorney, to correct any defects in the instrument.
(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 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:
(1) 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.
(2) 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
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
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.
(3) 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 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.
Sec. 55-15. Vacation and closure of rights-of-way,. an -d -platted easements, and emergency
access easements by plat.
(k) Emergency access easements; alternate method for closure and vacation of emergen
access easements.
(1) Applicability. The closure and vacation of emergency access easements shall be
permitted as described herein.
(2) Initiating a request for closure and vacation of an emergency access
easement. The City Manager, or designee, the City Commission, or a private applicant may
initiate the request the closure and vacation of an emergency access easement.
(3) Procedures.
a. Pre -application review. The application for closure and vacation of an emergen
access easement shall be submitted for review to the Supervisor of Plats prior to
applying for the closure and vacation approval.
b. Application procedures. After the pre -application review, a completed emergency
access easement closure and vacation application package shall be submitted to
the Supervisor of Plats. The application package shall consist of the following:
1. Completed application form;
2. Non-refundable application and notice fees are due pursuant to Sections 2-269,
55-14(c). 62-156. and 62-22 of the Code if the closure and vacation is reauested
by an applicant, other than any governmental agencies;
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
3. Legal description of all parcels of land abutting the emergency access easement
proposed to be closed and vacated;
4. List of all owners, including addresses, that abut the emergency access easement
to be closed and vacated pursuant to the most current Miami -Dade County Tax Roll
and dated no later than ten (10) days prior to submission of the application; and
5. Proof of ownership by the owners of the properties which are subject to the
emergency access easement to be closed and vacated.
c. Review process.
1. Publication requirement. Notice of the Plat and Street Committee meeting shall
be published with the Citv Clerk prior to the Plat and Street Committee Meetina.
2. Notice to those listed in Section 55-15(k)(3)(b)4-5 by United States Postal Service
mail and posting at each entrance/exit way of the emergency access easement.
3. Plat and Street Committee review. The application shall be submitted to the Plat
and Street Committee at least fifteen (15) days prior to the next meeting. The Plat
and Street Committee shall determine whether the City currently uses
the emergency access easement, including the City's public service vehicles, such
as Police, Fire -Rescue, Solid Waste and Public Works, during the past twelve
(12) months, in making its decision. The Plat and Street Committee may permit the
requested closure and vacation of the emergency access easement, where said
closure and vacation is not a safety hazard. A private applicant requesting such a
closure and vacation of an emergency access easement shall provide an executed
hold harmless and indemnification agreement for the benefit of the City in a form
acceptable to the City Attorney. The Plat and Street Committee shall make written
findings of whether it recommends to unconditionally approve, approve with
conditions, or deny the requested closure and vacation of the emergency access
easement. After issuance of the findings of fact and recommendations by the Plat
and Street Committee, applications for the closure and vacation shall be submitted
for approval by the City Manager, or designee.
4. Recording of instrument in the public record. A document as adopted by the Plat
and Street Committee shall be recorded in the public records of Miami -Dade County,
Florida.
5. Authorization for City Manager to correct any typographical and/or non -substantial
errors. In the instance when a certified opinion of title is received and reviewed by
the City Attorney demonstrating that a typographical and/or non -substantial error has
occurred in the legal description of an emergency access easement that was closed
pursuant to this section, the City Manager, or designee, shall be authorized to
execute documents, in a form acceptable to the City Attorney, to correct any defects
in the instrument.
*„
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.
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
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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 date stated
herein. whichever is later.
City of Miami File ID: 3650 (Revision: A) Printed On: 7/27/2018