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File ID: #2609
Ordinance
Sponsored by: Ken Russell, Vice Chair, Frank Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL
PRESERVATION," TO ADD A WAIVER FOR PERSONS WHO QUALIFY FOR THE SENIOR
CITIZEN EXEMPTION UNDER SECTION 196.075, FLORIDA STATUTES, AND PERSONS
WHOSE TOTAL HOUSEHOLD INCOME IS BELOW EIGHTY PERCENT (80%) OF THE AREA
MEDIAN INCOME OF MIAMI-DADE COUNTY AS DETERMINED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALLY; AMENDING
DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 2609 (Revision: A) Printed On: 11/28/2017
City of Miami
Legislation
Ordinance
Enactment Number: 13697
File Number: 2609 Final Action Date -7/27/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ENVIRONMENTAL PRESERVATION," TO ADD A WAIVER FOR PERSONS WHO
QUALIFY FOR THE SENIOR CITIZEN EXEMPTION UNDER SECTION 196.075,
FLORIDA STATUTES, AND PERSONS WHOSE TOTAL HOUSEHOLD INCOME IS
BELOW EIGHTY PERCENT (80%) OF THE AREA MEDIAN INCOME OF MIAMI-DADE
COUNTY AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ANNUALLY; AMENDING DEFINITIONS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Ordinance No. 13174 in
order to promote Tree protection and environmental preservation and address the stewardship
of the living features in the City of Miami, Florida ("City"), which includes its topographic,
geological, and landscape features; and
WHEREAS, on June 23, 2011, the City Commission adopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, on May 23, 2017, the City Commission adopted Ordinance No. 13670 to
update all of the terms and conditions of Tree protection in the City; and
WHEREAS, the protection of the Tree canopy and environmental features within the City
is of paramount importance; and
WHEREAS, it is in the best interests of the residents of the City to make allowances for
senior citizens and those who have lower incomes to be granted certain possible exemptions in
order to comply with Chapter 17 of the Code of the City of Miami, Florida, as amended ("City
Code");
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 17 of the City Code, entitled "Environmental Preservation" is
amended in the following particulars:'
"ARTICLE I.
1 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
unchanged material.
City of Miami File ID: 2609 (Revision: A) Printed On: 11/28/2017
TREE PROTECTION IN GENERAL
Sec. 17-2. Definitions.
Controlled tree species: Tree species listed in the most recent edition of the Landscape
Manual or in Section 24-49.9 of the Code of Miami -Dade County, Florida ("Miami -Dade
County Code"), which can become invasive in native plant communities when not located in,
and cultivated properly, as part of a managed landscape design.
Landscape manual: The Miami -Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as amended from time to time, is adopted by reference by
the city and deemed incorporated by reference as if set forth herein. If a conflict arises
between the landscape manual and this article, the latter shall prevail. The Landscape Manual
shall be used in conjunction with Section 24-49.9 of the Miami -Dade County Code and said
Section shall be relied on for any conflicts between the Landscape Manual and the Miami -
Dade County Code for Prohibited Species.
Prohibited tree species: A species of Tree listed as a prohibited species in the current edition
of the Landscape Manual, or in Section 24-49.9 of the Miami -Dade County Code, as well as
Weeping Fig Trees (Ficus benjamina).
Sec. 17-6. Tree replacement.
(b)Tree species. Tree(s) installed as replacement trees shall be of a native or non invasive
species and shall be planted at grade or ground level according to ANSI A300 -best
management practices manual, incorporated herein by reference. When more than ten
trees are installed as replacement trees, a diversity of species shall be required as per chart
17.6.2.1 tree species diversity chart, below.
Chart 17.6.2.1
Tree Species Divers
Required number of trees I Required minimum number of species
11-20 12
21-50 14
51 or greater 16
Tree Replacement Alternatives.
1. Replacement Trees for Homestead Properties may comply with the following alternatives:
a. The removal of a non-specimen/non-native Tree, a Controlled Tree Species or a Palm
species shall be replaced with a native species at a one-to-one ratio upon written
City of Miami File ID: 2609 (Revision: A) Printed On: 11/28/2017
confirmation from the Department. Replacement shall be of minimum replacement size
at two inches (2") DBH and twelve feet (12) overall height.
b. Trees authorized for removal from lots that meet the minimum lot Tree requirements,
as described in Article 9 of the Miami 21 Code, shall be replaced at a one-to-one ratio,
excluding Specimen Trees and Trees effectively destroyed as a result of Tree Abuse.
c. Homestead Properties that remove Trees without a proper Tree Permit must comply
with the standard Replacement Tree quantities and requirements and may not avail
themselves of these alternatives.
d. Hardship Exemption. A Person who meet either of the following criteria may be able
to apply for a waiver, full or partial, of the requirements for Tree replacement on
Homestead Property as set forth in this Section and Section 17-10(a)(2) of the City
Code:
(i) Persons who qualify for the Senior Citizen Exemption pursuant to Section 196.075,
Florida Statutes.
(ii) Persons whose total household income is below eighty percent (80%) of the Area
Median Income ("AMI") of Miami -Dade County as determined by the United States
Department of Housing and Urban Development ("HUD") annually.
e. Tree Gifting Program. The gifting of Trees by the City to property owners for the
purpose of increasing the City's Tree Canopy, whenever possible, shall be conducted by
the Citv Manaaer or his desianee in a manner that is in accordance with aDDlicable laws.
2. Prohibited Tree Species may be removed after obtaining a Tree Permit. Replacement Trees
are not required for the removal of any Prohibited Tree Species as listed in current edition of the
Miami -Dade County Prohibited Species List, except Lofty Fig (Ficus altissima) and Banyan Tree
(Ficus benghalensis) which are subject to the provisions of this Article. No fees will be assessed
for Tree Removal of Prohibited Tree Species.
3. The City Manager or designee, after a recommendation of the Department, may adjust the
requirement of Replacement Trees for affordable housing developments that are procured by
the City and/or funded by the City, regardless of the source of funds.
(d) Tree quality. After issuance of a Tree Permit, replacement trees in accordance with this
section shall conform to, or exceed, the minimum standards for Florida Number One as
provided in the most current edition of "Florida -Grades and Standards for Nursery Plants,
Part I and II," prepared by the state department of agriculture and consumer services, and
incorporated herein by reference. Trees shall be planted according to sound nursery
practices as illustrated in the landscape manual.
(e) Off-site replacement trees. If the total number of replacement trees cannot be
reasonably planted on the subject property, the applicant may enter into a written
agreement with the city, as approved by the department, to plant the excess replacement
trees on public property within the city commission district of the subject property. If the
Department confirms and verifies that Replacement Trees cannot be planted within the City
Commission District of the subject property due to capacity issues, the Department may
approve the planting of the excess Replacement Trees in other parts of the City. An
alternative to off-site replacement is provided in subsection (f), relating to the contribution to
the tree trust fund. Applicants may do both to the extent that they should proffer to do so.
(f) Tree trust fund, If the Department determines that an applicant is not able to comply with
the planting of Replacement Trees either onsite or off-site as required by this Section, then
the applicant shall make a financial contribution into the City's Tree trust fund prior to
issuance of the Tree Permit as follows:
1. Non -Homestead Properties. The contribution shall be equal to one thousand
City of Miami File ID: 2609 (Revision: A) Printed On: 11/28/2017
dollars ($1,000.00) for each two-inch (2") DBH Tree required in accordance with
Chart 17.6.1.1.
2. Homestead Properties. The contribution shall be equal to five hundred dollars
($500.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1 per calendar year. If additional Tree Permits are issued in the same
calendar year, the subsequent contribution shall be equal to one thousand
($1,000.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1.
3. Hardship Exemption. A person who meets either of the following criteria may be
able to apply for a waiver, full or partial, of the requirements for the Tree Trust
Fund on Homestead Property as set forth in this Section and Section 17-1O(a)(2)
of the City Code:
(i) Persons who qualify for the Senior Citizen Exemption pursuant to Section
196.075, Florida Statutes
(ii) Persons whose total household income is below eighty percent (80%) of
the AMI of Miami -Dade County as determined by the HUD annually.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. Any property that violates this Article shall be subject to the following penalties:
1. Non -Homestead Properties. For every Tree that has been the subject of Tree
Activity without a Tree Permit or the subject of Tree Abuse, a fine of one
thousand dollars ($1,000.00) per Tree shall be imposed.
2. Homestead Properties. For every Tree that has been the subject of Tree Activity
without a Tree Permit or the subject of Tree Abuse, a fine of five hundred dollars
($500.00) per Tree shall be imposed.
3. Said fines are appealable to the Code Enforcement Board pursuant to Chapter
2, Article X of the City Code.
4. Any property that has had a previous fine for a violation of this Article within the
past five (5) years may receive a fine as stated in this Section and shall also be
automatically referred to the Code Enforcement Board pursuant to Chapter 2,
Article X of the City Code and subject to enhanced penalties of five thousand
dollars ($5,000.00) per day per violation pursuant to Section 162.09, Florida
Statutes.
5. Nothing in this Article shall prohibit the City from enforcing this Article by any
other means. The enforcement procedures outlined herein are cumulative to all
others and shall not be deemed to be prerequisites to filing suit for the
enforcement of any Section of this Article.
6. Hardship Exemption. A Person who meets either of the following criteria may be
able to apply for a waiver, full or partial, of the requirements of this Section:
(i) Persons who qualify for the Senior Citizen Exemption pursuant to Section
196.075, Florida Statutes.
(ii) Persons whose total household income is below eighty percent (80%) of
the AMI of Miami -Dade County as determined by the HUD annually.
City of Miami File ID: 2609 (Revision: A) Printed On: 11/28/2017
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 immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity Attor iey 7/3/2017 i ria ndez, ity ttor ey 7/18/2017
Z 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: 2609 (Revision: A) Printed On: 1112812017