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Ordinance 2000-3279 ORDINANCE NO. 2000-3279 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA AMENDING DIVISION 2,ENTITLED • "TREES" OF ARTICLE II, ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS", OF CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT" BY PROVIDING FOR DEFINITIONS, PURPOSE, SCOPE AND APPLICABILITY, AND APPLICATION PROCEDURES REGARDING TREE PERMITS, PROVIDING FOR ENFORCEMENT AND CIVIL REMEDIES, PROHIBITING TREE ABUSE,AND DECLARING LETHAL YELLOWING DISEASE A PUBLIC NUISANCE; PROVIDING FOR REPEALER; INCLUSION IN THE CITY CODE;SEVERABILITY;AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is interested in the perpetuation, development, and protection of the City's urban forest; and WHEREAS the City Commission, residents, business owners, tourists, and the City Administration understand the desirability of trees in the community; and WHEREAS, Citywide comprehensive planning along with environmental concerns dictate the importance and inclusion of tree planting into the City's development; and WHEREAS, the City of Miami Beach City Commission deems it advisable to strengthen the City Code in order to protect all aspects of urban forestry development and to provide rules and procedures relative thereto. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division 2, entitled "Trees" of Article II, entitled "Care and Maintenance of Trees and Plants", of Chapter 46, entitled "Environment", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Chapter 46. ENVIRONMENT ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS * * * • DIVISION 2. TREES Sec. 46-56. Definitions The retention and maintenance on private property of palm trees affected by but capable of being preserved from destruction by the lethal yellow disease, is hereby found, declared, and deemed to be necessary and beneficial to the health, convenience, comfort and safety of the public; and the director of parks and rccrcation of the city is hereby authorized and empowered, after due notice to the owner, or party in possession of such private property, to enter thereupon for the purpose of palm trees in sound condition. The property owner or party in possession,upon receiving such notice by the director of parks and recreation of the city, shall advise the director within a reasonable period of time of the acquiescence or refusal to permit such entry for said purpose by the director. If the property owner or party in possession makes objection to such proposed entry and treatment, the director shall proceed no further. A failure by the property owner or party in possession to make objection shall be deemed to consent to and acquiescence to such proposed action by the director, and he is thcrcupon authorized and empowered to treat the palm trees in accordance with recognized and approved procedures and remedies, at the expense of the owner or the possessor of the land,and to impose liens against the land, for the cost of such treatment, and to enforce the lien as other liens arc enforced. Arborist shall mean an individual who is a specialist in the care and maintenance of trees and is certified with the American Society of Arborists (ASA). Caliper refers to the measurement of a tree in regards to the thickness of the trunk. DBH is the measurement of a tree's diameter taken 4 '/2' from grade, or diameter at breast height. Drip Line shall mean an imaginary vertical line to the ground which is adjacent to the outermost leaves of the crown of the tree. Hatracking is an insensitive, unlawful process to remove more than 1/3 of the overall existing, healthy tree crown which renders the tree unattractive and limits its ability to give shade. Landmark Tree shall mean a tree of unusual historical and/or aesthetic interest usually because of its age and size compared to others of the same species. Nonviable refers to when an object is not capable of living, growing or developing. Parkway is a broad landscaped public thoroughfare. Private Tree is a tree that belongs to an individual person, company or interest and is located on private property but, in some cases, may be visible or accessible to the public. 2 Public Tree is a tree that is accessible to or shared by all members of the community and is usually planted on a City right- of-way or in a City park. Public Nuisance references any tree with an infectious disease, insect or vermin problem; dead or dying tree; a tree or limb(s)that obstruct street lights, traffic signs,the free passage of pedestrians or vehicles; a tree that poses a threat to safety. Right-of-Way is the strip of land over which is built a public road and which may include a sidewalk., curb and gutter and planted grassy or landscaped strip. Species is a class having common attributes and designated by a common name and similar form. Specimen Tree any tree that may be noticed by reason of an individual distinguishing large character usually measuring 82 18" or more, in diameter, 4 1/2' above ground level. Topping refers to a pruning process to flat cut the top of a tree or to remove more than one third(1/3) of the tree crown. Viable means capable of living, growing and developing. Sec. 46-57. Nuisance. Purpose. The retention and maintenance on private property of palm trees killed by the lethal yellow disease arc found, declared and deemed to be a public nuisance, detrimental to the health, convenience, comfort and safety of the public; and the creation of such a nuisance is hereby declared to be unlawful. The failure or refusal of the owner or party in possession of the private property to prevent or to remove such dead palm trees is also declared to be unlawful. The director of parks and recreation of the city is hereby authorized and empowered, after reasonable notice to the owner or persons in possession of-such land, to remove such dead palm trees at the expense of the owner or possessor thereof, and to impose liens against such land, and to enforce the same as other liens arc enforced. The use of trees on City roadways shall be encouraged by the City through its departments and through development of individual projects associated with the Regulatory Review process. A uniform continuous species shall be promoted for the entire length of a City street in order to establish and promote a visual order to the streetscape and to encourage stabilization and the increase of property values. At times, it may be appropriate to mix varieties when creating a street tree planting scheme. Trees will also be planted for purposes of beautification, air cooling and purification, and noise abatement. To protect and preserve existing trees in the path of development. To encourage the planting of appropriate species on or adjacent to the public right-of-way. To avoid unnecessary costs in the future that may be associated with underground utility clogging, sidewalk replacement and tree related accidents due to inappropriate planting for the amount of easement space available. Tree plantings shall not compromise the public safety by impeding site lines at any public roadway, path, sidewalk or driveway. 3 —0- Sec. 46-58. Reserved: Scope and Applicability Trees that are the subject of review under this Division shall include those trees on all public and • private property which are designated for transplanting,pruning, relocation or removal. Trees being considered for any of the aforementioned work shall have a diameter of tight(8)eighteen(18)inches or greater, measured 4 V21 above grade at diameter at breast height(DBH). This Division shall apply to all trees, including those located on the public right-of-way,regardless of size, and trees in single family zoning districts as specified above. - • • -: -- - : •-: :. : '- = - : • shall constitutc a felony. Sec. 46-59. Reserved: Application Processing and Review Requirements for acquiring a permit for transplanting, pruning, relocation or removal of a tree measuring eight(8) eighteen (18) inches or greater at DBH shall include: • 1. An application form acquired from the Public Works Department, which will act as the lead agency. The completed application will then be processed through the Planning Department, Parks Maintenance, Environmental Resource Management Division and Parking Departments for further review. This review will be the only requirement needed to procure a permit to transplant, prune, relocate or remove any tree in the City. A review by DERM will not be required. 2. A $25.00 application fee payable to the City of Miami Beach. 3. If deemed necessary, a photograph, of adequate quality, of the tree proposed for review. 4. For Commercial and Multi-family property, a copy of the property survey with a marked location of all the trees including foliage mass, caliper, and species names. In the case of a Single Family property, a site sketch indicating the approximate location of the tree is required. 5. A written description of the proposed tree work. 6. A tree maintenance company which is state licensed and insured shall show proof of their certification at the time of application. When an application is deemed to be complete and is approved by the Public Works Department, a permit for work may be issued. A.seal of the De.artment's decision on an a•slication shall be to the Special Master. In historic districts, a certificate of appropriateness may also be required for tree removal as per Sec. 118-564. If the permitted work is not completed within one (1)year from the issuance date,the permit shall become null and void. The City shall endeavor to ensure that the provisions of this ordinance are not used to unduly burden a property owner, or prevent them from the reasonable economic use of their property. 4 I Sec. 46-60. Reseed: Plant Material Not Requiring a Permit Removal of the following plants is permitted without an application, but requires a site visit, review • eels.All application and permit fees shall be waived.Planting of any of the following plant material is prohibited. 1. Acacia auriculea `Formis', Earleaf Acacia 2. Albezzia lebbek, Woman's Tongue 3. Araucaria heterophylla,Norfolk Island Pine 4. Bischofia jauancia, Bishopwood 5. Casuarina spp., Australian Pine 6. Cupaniopsis anacardiopsis, Carrotwood 7. Melaleuca quinquenervia, Paperbark Tree 8. Metopism toxiferum, Poison Wood 9. Psidium guajava, Guava 10. Ricinus communis, Castorbean 11. Schefflera actinophylla, Queensland Umbrella Tree 12. Schinus terebinthifolius, Brazilian Pepper Also included are any diseased, infected or nonviable (dead) trees upon confirmation by the City. Sec. 46-61. Rcscrve+ Enforcement/Civil Remedies The City's Parks Maintenance Division.Public Works Department.and the Environmental Resource Management Division in conjunction with the City's Code Compliance Department, which shall have the power of enforcement, shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning, cutting and protection of trees citywide. The cost of repair or replacement, or the appraised dollar value of such tree, shall be borne by the party in violation. Any person in violation of any provision of this Code Division shall be subject to the procedures for enforcement as set forth in sections 30-71 through 30-73 and 30-7-7 80 of the Miami Beach City Code. Anyone found in violation of any of the provisions herein shall be subject to a maximum fine of fifteen thousand dollars($15,000.00) for each violation. In addition, maximum costs may be in the amount which is necessary to replace a tree of the same size, and species. that was removed or destroyed. In addition to any other remedies provided by this Division,the City shall have the following judicial remedies available for violations of this Division or any permit condition promulgated under this Division: 5 (1) The City may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of trees in contravention of the terms of this article. In addition, the City shall be entitled to recover its attorney's fees and costs. (2) The City may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than fifteen thousand dollars($15,000.00) per violation. However,the court may receive evidence in mitigation. Each tree unlawfully removed under the provisions of this Division shall constitute a separate violation hereunder. In addition, the City shall be entitled to recover its attorney's fees and costs. (3) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Division to enjoin any violation thereof: and to seek injunctive relief to prevent irreparable injury to the trees or properties encompassed by the terms of this Division. In addition, the City shall be entitled to recover its attorney's fees and costs. Sec. 46-62. ; Tree Abuse Prohibition It shall be unlawful to abuse any tree located within the boundaries of the City of Miami Beach, either public or private. The following acts shall constitute tree abuse: Damage inflicted upon any part of a tree, including its root system, by machinery, mechanical devices, soil compaction, excavation, intentional vehicle abuse, chemical applications, changes to the natural grade, fire, storage or disposal of toxic or hazardous substances, or any removal of the outer bark area. Damage inflicted to or cutting upon a tree which permits infection or pest infestation. Cutting upon any tree which destroys its natural shape, such as topping or hatracking. Fastening any sign, rope, wire or object by nail, staple, chemical substance, or other adhesive means to go on,through,or around,any tree causing permanent damage to the tree. Any pruning, or cutting, in violation of the practices established by the National Arborist Association. Any act that would cause a tree to become nonviable. Any act of tree abuse that renders a specimen tree to be nonviable or effectively destroyed shall constitute "effective removal" and require full compliance with this Division. Sec. 46-63. Lethal Yellowing Disease Declared a Public Nuisance. The retention and maintenance on private property of palm trees that have been killed, or that are dying from lethal yellowing disease are found, declared and deemed to be a public nuisance, 6 • detrimental to the health, convenience, comfort, aesthetics and safety of the public; and the maintenance of such a nuisance is hereby declared to be unlawful. The failure or refusal of the owner or party in possession of the private property to remove such dead, or dying, palm trees is also declared to be unlawful. The City Forcstcr is hereby authorized and empowered, after reasonable notice to the owner or persons in possession of such land,to remove such dead, or dying,palm trees at the expense of the owner or possessor thereof, and to impose liens against such land, and to enforce the same as special assessment liens are enforced. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. INCLUSION IN THE CITY CODE It is the intention of the City Commission,and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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 18th day of November , 2000. PASSED and ADOPTED this 8th day of November , 2000. ATTTST: MAYOR (11 (1/11,6-1A CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CB/RGL/rgl October 27, 2000 1st reading 10/18/00 4/141/Z2 2nd reading 11/8/00 City Moy CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. a (f- r cO TO: Mayor Neisen O.Kasdin and DATE: November 8,2000 Members of the City Commission FROM: Jorge M.Gonzalez City Manager SECOND READING PUBLIC HEARING SUBJECT: Ordinance - Care and Maintenance of Trees An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending Division 2, Entitled "Trees" of Article II, Entitled "Care and Maintenance of Trees and Plants",of Chapter 46 of the Miami Beach City Code, Entitled "Environment" by Providing for Definitions, Purpose, Scope and Applicability, and Application Procedures Regarding Tree Permits, Providing for Enforcement and Civil Remedies, Prohibiting Tree Abuse, and Declaring Lethal Yellowing Disease a Public Nuisance; Providing for Inclusion in the Code of the City of Miami Beach,Florida; Repealer; Severability; and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance upon second reading public hearing. ANALYSIS The City of Miami Beach continues to undergo an intense period of construction,rehabilitation and development. Landscaping is an aspect that not only accompanies individual projects, but is developed in larger areas as master plans and street tree planting plans. This has heightened awareness towards the development of a city wide urban forest. Not only do traditional neighborhood parks reestablish their importance, but green recreational corridors linking parks become important as they expand the shaded pedestrian experience. Large specimen trees on private property and stands of mature trees on public property also become important in respect to the overall city-green make-up and vie for protection. Until now, the specifics of the City of Miami Beach Tree Code were inadequate. Expanded street tree plantings helped promote awareness by reducing heat islands but the plantings were at times removed from City easements by those residents who disagreed with the planting. The only recourse to date was the intervention of the Department of Environmental Resource Management prior to a request to remove a sizable tree on private property. The City could impose no action on individuals who took it upon themselves to remove City tree plantings. AGENDA ITEM e---C T:\AGENDA\2000\NOV0800\REGULAR\TREESCMM.WPD / DATE t' " —®� Commission Memorandum November 8, 2000 Ordinance - Care and Maintenance of Trees Page 2 The new language of the Tree Code will enable the City to preserve and further mitigate a more expansive tree canopy. Studies reflect that there is a shortfall in the number of trees that exist in Dade County to that which is needed for improved quality of life. Currently there is very little regulatory language pertaining directly to trees contained in the City Code. Therefore, this proposed ordinance is considered an important step in correcting the situation. It is anticipated that that the ordinance will also be added to and improved over the upcoming years, as experience is gained in the implementation of its provisions. With the enactment of this ordinance, and others in the past three (3) years, the Code Compliance Office has a concern for the budgetary implications for staffing which would enable this and other • ordinances to be enforced. It is anticipated that through collection of fees and fines, some of the costs associated with the enforcement of the proposed ordinance may be defrayed. However, there may be a need to increase staffing of Code Compliance officers if it is determined that the ordinances adopted within the past year, create unmanageable amount of work for the current number of Code Compliance officers. On July 26, 2000,the City Commission approved the ordinance on first reading. At its October 18, 2000 meeting,the Commission reviewed the ordinance further,and opened and continued the matter to today's meeting in order to allow staff to further revise said ordinance at the request of Commissioner Jose Smith. Planning Department staff has significantly revised the proposed ordinance in order to streamline the process, and make it less onerous for single-family homeowners. The revised ordinance would apply to only larger trees (18' or greater in width)on single-family properties, extends the time an approval is valid for one year, and simplifies the application requirements. No application will be required for removal of nuisance species. Appeals of the City's determination will now be to the Special Master. Language was added addresssing property rights concerns, endeavoring to ensure that property owners are not unduly burdened or prevented from the economic use of their property. The changes are highlighted in the attached ordinance as double underlined text. It should be noted that the proposed ordinance is designed to replace the current Miami-Dade County DERM application requirements, which are somewhat more restrictive. Adoption of a City ordinance will, in effect, transfer jurisdiction over this area from the County to the City. It is the Administration's understanding that the City ordinance must be relatively comparable to the current County requirements in order to secure DERM's approval of the transfer of jurisdiction to the City. Therefore, it is recommended that the proposed ordinance be adopted without further weakening of its regulatory provisions. Based on the foregoing analysis, the Administration recommends that the Commission adopt the proposed ordinance upon second reading public hearing. 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