Ordinance 94-2961 ORDINANCE NO. 94-2961
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC
FACILITIES" BY ADDITION OF ARTICLE VIII, ENTITLED
"UNDERGROUND UTILITIES" , REQUIRING UNDERGROUND UTILITY
SERVICE FACILITIES FOR NEW CONSTRUCTION AND EXISTING
STRUCTURES UNDERGOING SUBSTANTIAL REHABILITATION AND
REQUIRING PROPERTY OWNERS IN AREAS WHERE UNDERGROUND
DISTRIBUTION FACILITIES ARE INSTALLED TO PROVIDE FOR
NECESSARY CONVERSION OF THE SERVICE FACILITIES FOR THEIR
PROPERTIES FOR USE OF THE UNDERGROUND DISTRIBUTION
FACILITIES WITHIN NINETY (90) DAYS OF COMPLETION OF THE
NEW FACILITIES; REQUIRING EXISTING UNDERGROUND SERVICES
TO REMAIN UNDERGROUND; AUTHORIZING THE CITY TO PROVIDE
FOR CONVERSION OF SERVICE FACILITIES WHEN PROPERTY OWNERS
FAIL TO DO SO TIMELY AND PROVIDING THAT ALL COSTS
INCURRED BY THE CITY IN CONVERTING SERVICE FACILITIES FOR
A PRIVATE PROPERTY SHALL CONSTITUTE A SPECIAL ASSESSMENT
LIEN UPON THE PROPERTY, WHICH MAY BE FORECLOSED OR
OTHERWISE COLLECTED BY THE CITY; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the current overhead utility distribution and service
facilities consist of exposed electrical wires which can be a
safety hazard; and
WHEREAS, the installation of underground utility distribution
and service facilities will protect these services during severe
weather conditions; and
WHEREAS, the installation of electric distribution facilities
and underground electric service facilities in conjunction with the
similar underground distribution and service facilities for
telephone and cable television service will improve the aesthetic
b) When a structure undergoes rehabilitation wherein the
cost of the rehabilitation is fifty per cent (50%) or more of the
replacement value of the existing structure as determined by the
Dade County Property Appraiser' s Office, utility service facilities
for that structure shall be converted from overhead to underground.
Sec. 33-56 . Conversion of Overhead to Underground Facilities .
a) Whenever overhead utility distribution facilities have
been converted to underground facilities, the property owners in
the area to be served by the new facilities shall be required to
arrange for the conversion of their existing service facilities in
accordance with all applicable ordinances , codes, statutes and
utility company specifications . For electric service facilities
such conversion shall include but shall not be limited to
rearranging existing electric service entrance facilities to
accommodate an underground service lateral . The property owner
shall be responsible for all costs associated with the modification
of service facilities for the affected property to accommodate
underground utility service .
b) The City shall notify each property owner when conversion
from overhead to underground utility distribution service is
complete . The notice shall be served by registered mail , addressed
to the owner or owners of the property described as they are known
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to the City Manager or as their names and addresses are shown upon
the records of the County Tax Assessor, or other Public Records of
the City of Miami Beach or of Dade County, Florida, and shall be
deemed complete and sufficient when so addressed and deposited in
the United States mail with proper postage prepaid. All necessary
modifications and arrangements for use of underground facilities
shall be completed within ninety (90) days of receipt of such
notification.
Sec. 33-57 . Notice of Property Owner' s Failure to Convert
Facilities.
a) If the City Manager determines that a building has not
completed conversion to underground utility service facilities as
required by subparagraphs b) , c) or d) above, he shall notify the
owner of that building in writing and demand that the owner cause
the conversion to be made within sixty (60) days of the date of
service of the notice . The notice shall be by registered mail and
in the manner set forth in subparagraph d) herein. In the event
that such notice is returned by postal authorities the Manager
shall cause a copy of the notice to be served by a law enforcement
officer upon the occupant of the land or upon any agent of the
owner thereof .
b) In the event that personal service upon the occupant of
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the land or upon any agent of the owner thereof cannot be performed
after reasonable search by a law enforcement officer the notice
shall be served by physical posting on the said property, and by
publication in a newspaper of general circulation at least twice,
seven (7) days between publications , and thirty (30) days before
the date the conversion is required. The notice shall be in
substantially the following form:
"NOTICE REOUIRING CONVERSION OF UTILITY
SERVICE FACILITIES"
Name of Owner
Address of Owner
Our records indicate that you are the owner (s) of
the following land in Dade County, Florida : (describe
property)
An inspection of this land discloses , and I have
found and determined, that a building is located thereon
which has not converted its (state type of utility)
service facilities from overhead to underground service .
You are hereby notified that unless this building
converts its (state type of utility) service facility
from overhead to underground service within thirty (30)
days of personal service upon you of this notice, or of
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the second publication hereof, the City will proceed to
cause the conversion of these facilities and the cost of
the work, including advertising costs and all other
expenses necessary to complete the conversion will be
imposed as a lien on the land if not otherwise paid
within ninety (90) days after the conversion has been
completed and the cost thereof ascertained by the City of
Miami Beach.
City of Miami Beach, Florida
By:
City Manager"
Sec . 33-58 . Conversion of Facilities by City; Lien; Recording;
Redemption.
a) If within sixty (60) days after service of the said
notice or by physical posting of the notice on the property, or
within thirty (30) days of notice by publication in a newspaper, as
set forth in the preceding subparagraph the required conversion of
service of facility has not been effected, the City Manager shall
cause the conversion to be made by the City of Miami Beach at the
expense of the property owner. The cost of the conversion shall
constitute a lien upon the real estate served thereby. Upon
ordering a conversion of service facilities to be made by the City,
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the City Manager shall cause to be recorded in the public records
a Notice of Utility Service Conversion Lien Pending, which shall
include a description of the property and a statement that a
conversion has been ordered, the cost of which shall under this
Section constitute a lien. The notice of pending lien shall , eight
(8) months after the date thereof, be null and void and constitute
no record notice of a pending lien.
b) After causing the conversion of service facilities to be
done the City Manager shall certify to the Director of Finance the
expenses as may have been approved by the appropriate City
department, incurred in effecting the conversion and shall include
a copy of the notice above described, whereupon such expense shall
become payable within ninety (90 days, after which a special
assessment lien and charge will be made upon the property, which
shall be payable in ten (10) equal annual installments together
with costs of recordation of all documents required to be recorded
hereby and with interest at the rate of eight (8) percent per annum
on the unpaid balance from the date of such certification until
paid; provided, however, that the lien may be satisfied at any time
by the payment of the entire sum due plus accrued interest ,
recordation costs, and such expenses and penalties as may result
from the advertisement and sale of certificates for delinquent
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liens as hereinafter set out . The Director of Finance shall file
for record a notice of such lien in the Office of the Clerk of the
Circuit Court , and shall keep complete records relating to the
amount payable thereon. One-tenth of the amount of liens accruing
during any year ending on June first, shall be billed and mailed in
the fall of the same year to the owners of land subject to such
liens at the same time as tax statements for ad valorem taxes are
mailed, and if the said amount shall not be paid on or before April
first of the following year, the entire lien and all annual
installments thereof shall be delinquent, overdue, and in default .
c) The entire amount of the lien may be foreclosed by the
City, or in the alternative may be collected by any other legal
means including the advertisement and sale of certificates . Upon
full payments of liens provided hereby or through foreclosure on
tax sale certificates , the Director of Finance shall , by
appropriate means, evidence the satisfaction and cancellation of
such lien upon the public records . The cost of recordation of the
notice of lien pending, the notice of lien, and the satisfaction of
lien shall be secured by the lien hereby provided.
Sec. 33-59 . Underground Facilities to Remain Underground.
Wherever utility service facilities are located underground,
such facilities must remain underground and may not thereafter be
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converted to overhead facilities .
SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid„ the remainder shall not be affected by
such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 31st day of
December , 1994 .
PASSED and ADOPTED this 21st day .' December , 1994 .
ATTEST: _
I oi
MAYOR
tLek_ki Z"
CITY CLERK
1st reading 11/2/94
2nd reading 12/21/94
SWS:scf:6.0disk7\utility.ord
FORM APPROVED
LEGAL DEPT.
By JCS 9
Date S to Z3-�y
•
Commission Memorandum - December 21, 1994
Underground Utility Ordinance
ANALYSIS:
At the direction of the City Commission language was added on first
reading to specify that the requirement for private property owners
to convert existing utility service facilities to underground
facilities shall apply whenever underground distribution facilities
have been authorized by the City Commission at the request of
neighborhood property owners. The Administration further recommends
that the ordinance also include this requirement whenever the
installation of underground facilities has been directed by the
City Commission, in accordance with the City's development and
capital improvement policies, regardless of whether such
underground installation was requested by neighborhood property
owners.
CONCLUSION:
The Administration recommends that the City Commission adopt the
attached ordinance to accommodate the installation of underground
utility distribution facilities.
RMC:KM
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. QSC1 (-7
TO: Mayor Seymour Gelber and DATE: December 21, 1994
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT: AN ORDINANCE REQUIRING THAT ALL NEW CONSTRUCTION AND
REHABILITATIONS OF EXISTING STRUCTURES OF AT LEAST FIFTY
PERCENT CONVERT EXISTING OVERHEAD SERVICE UTILITY TO
UNDERGROUND SERVICE FACILITIES AND REQUIRING ALL
PROPERTY WHICH HAS BEEN PROVIDED WITH UNDERGROUND UTILITY
DISTRIBUTION FACILITIES TO CONVERT EXISTING SERVICE
UTILITY FACILITIES TO ACCOMMODATE THE UNDERGROUND SERVICE
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached ordinance which provides for the conversion of existing
utility service facilities to accommodate underground utility
distribution facilities.
BACKGROUND:
The City of Miami Beach has established a policy of requiring all
new construction and rehabilitation of existing structures in
excess of 50 percent of the value of the existing structure to
convert existing overhead utility service to underground service.
Additionally, at the request of the residents of certain
neighborhoods, the City has embarked on a program to facilitate the
underground conversion of existing overhead electric,
telecommunications and television cables in various neighborhoods
by providing for special assessments to pay for the installation of
underground distribution facilities.
The Administration has advised property owners, in all of the areas
where underground conversion of utility facilities is being
considered, of the requirement to convert their existing service
facilities to accomodate the underground distribution facilities.
Furthermore, in order to assist property owners to make the
required conversion and/or modifications to their existing
services, the City will make available a list of qualified
contractors which affected property owners, either individually or
collectively, may have the option to choose from to perform the
work.
AGENDA ITEM R -3-C.
DATE 12-21- (Iy
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