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File ID: #5176
Ordinance
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-14 OF
THE CITY CODE, TITLED "ENCROACHMENTS ON OR IN RIGHTS-OF-WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS;
EXCEPTIONS," BY CREATING PROVISIONS FOR THE CITY COMMISSION, BY
RESOLUTION, TO AUTHORIZE ENCROACHMENTS INTO PUBLIC EASEMENTS PENDING
THE VACATION AND CLOSURE OF SAID EASEMENT BY PLAT OR ITS RELEASE, AS
APPLICABLE, AND EXECUTION OF A HOLD HARMLESS AND INDEMNITY AGREEMENT IN
FAVOR OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 5176 (Revision: 8) Printed On: 2/7/2019
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Ordinance
Enactment Number: 13821
File Number: 5176 Final Action Date: 1/10/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING
SECTION 55-14 OF THE CITY CODE, TITLED "ENCROACHMENTS ON OR IN
RIGHTS-OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY
ACCESS EASEMENTS; EXCEPTIONS," BY CREATING PROVISIONS FOR THE CITY
COMMISSION, BY RESOLUTION, TO AUTHORIZE ENCROACHMENTS INTO
PUBLIC EASEMENTS PENDING THE VACATION AND CLOSURE OF SAID
EASEMENT BY PLAT OR ITS RELEASE, AS APPLICABLE, AND EXECUTION OF A
HOLD HARMLESS AND INDEMNITY AGREEMENT IN FAVOR OF THE CITY OF
MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), generally
prohibits encroachments into easements and other rights-of-way; and
WHEREAS, the City Code contains certain exceptions, particularly for pedestrian and
vehicular overpasses as well as fences and walls constructed prior to a date certain; and
WHEREAS, the City Commission wishes to provide a mechanism to allow an
encroachment into a public easement by resolution under certain limited circumstances; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its residents to amend
Chapter 55 of 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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 55 of the City Code is further 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: 5176 (Revision: 8) Printed On: 2/7/2019
Sec. 55-14. - Encroachments on or in rights-of-way, public easements, private easements, or
emergency access easements; exceptions.
h) The Citv Commission. by resolution. may Dermit an encroachment into a public easement
other than a pedestrian or vehicular overpass, which does not unduly restrict the use thereof
subject to the following:
(1) A recommendation of approval by the Plat and Street Committee upon a finding that
the granting of the encroachment will not be detrimental to the public welfare or incurious
to any other property in the vicinity in which the encroachment is situated. A
recommendation of denial by the Plat and Street Committee may be appealed to the
Review Committee as described herein upon written request by the applicant within 30
days of the Plat and Street Committee's decision. Such reauest shall state with
the reasons the Plat and Street Committee's recommendation should be
overturned. The Review Committee shall be comprised of the Director of the Department
of Resilience and Public Works (or the supervisor of plats in lieu thereof), the Director of
the Departments of Zoning, the Director of the Department of Planning, the Director of
the Department of Building, and an Assistant City Manager as designated by the City
Manager. The Review Committee, acting by majority vote, shall either affirm the Plat and
Street Committee's denial or reverse its denial and grant the requested encroachment.
The decision of the Review Committee, which shall be rendered within 30 days after
conclusion of the hearing, shall be final.
(2) Furnishing of notice by the property owner(s) to all utility companies with facilities in
the easement.
(3) The execution by the property owner(s) of a hold harmless and indemnification
agreement for the benefit of the City, in a form acceptable to the City Attorney, which
provides the following:
a. Adherence to the applicable portions of the Miami 21 Code, or any successor
land development regulations of the City, as to the placement, design, and
construction of anv encroachment.
b. That no certificate of occuaancv or certificate of completion. includin
temporary or partial certificates of occuaancv or certificates of completion. ma
be issued for the property until:
i. For platted public easements, a plat vacating and closing said public
easement is accepted by the City Commission and recorded in the Public
Records of Miami -Dade County, Florida;
ii. For public easements created by instrument, the easement is moved,
released, abandoned, or otherwise reconfigured such that the approved
encroachment no longer encroaches into the same; or
iii. The encroachment is removed.
c. That the encroachment is limited to that which is substantially in accordance
with a specified set of approved construction plans, which plans have been
reviewed and approved by the Department of Resilience and Public Works.
*„
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.z
I 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
City of Miami File ID: 5176 (Revision: 8) Printed On: 2/7/2019
APPROVED AS TO FORM AND CORRECTNESS:
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ria ndez, Cify Attor iey 11130/2018 Yt6ria ndez, ity ttor iey 12/31/2018
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: 5176 (Revision: 8) Printed On: 2/7/2019