Ordinance 2022-4526 fr' l
ORDINANCE NO. 2022-4526
—AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 2, ENTITLED, "REVOCABLE PERMIT," BY
AMENDING SECTION 82-94 THEREOF, ENTITLED "CRITERIA FOR
GRANTING/DENYING REVOCABLE PERMITS," BY AUTHORIZING AND
SETTING FORTH ADDITIONAL CRITERIA TO BE CONSIDERED IN AN
APPLICATION FOR A REVOCABLE PERMIT REGARDING AN EXISTING
HEDGE ENCROACHING ON CITY PROPERTY; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, certain hedges, some dating back many years (and inherited, or passed
along, from property owner to property owner), have either been planted on City property, or
have grown over time so as to encroach onto the City's right-of-way; and
WHEREAS, property owners often view ticir the hedges as an integral part of their
property, as such hedges may provide privacy, security, and/or aesthetics for the property and
its owner;
WHEREAS, in order to assist property owners with existing hedges on City property, the
City is creating a revocable permit process with additional criteria so that property owners can
legalize qualifying hedges which would otherwise violate the City Code; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That those Sections of the City's Public Property Ordinance, as such Ordinance is
codified in Sections 82-94 of the City Code, be amended as follows and hereinafter set forth
below:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE III. USE OF PUBLIC PROPERTY
* * *
DIVISION 2. REVOCABLE PERMIT
* * *
Sec. 82-94. - Criteria for granting/denying revocable permits.
(a) Revocable permits shall be granted or denied based upon existence of the following
criteria:
(1) That the applicant's need is substantial.
(2) That the applicant holds title to the abutting property.
(3) That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
(4) That the grant of such permit will have no adverse effect on governmental/utility
easements and uses on the city property.
(5) That the grant of the revocable permit will enhance the neighborhood and/or
community with such amenities as, for example, but without limiting the foregoing,
enhanced landscaping, improved drainage, improved lighting, improved security,
and/or public benefits proffered by the applicant.
(6) That granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by this article to other owner of land, structures or
buildings subject to similar conditions located in the same zoning district.
(7) That granting the revocable permit will be in harmony with the general intent and
purpose of this article, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public
welfare.
In order to grant a revocable permit, the city commission must make an affirmative finding with
respect to each of the criteria set forth above. These findings may be made by one motion
addressed to all findings or, at the request of any member of the commission, a finding or findings
shall be considered separately. The revocable permit application shall be considered as a whole
unless any member of the city commission shall request that the application be considered in
parts, in which event the application shall be considered in such parts as requested. In light of
the particular circumstances involved with each separate revocable permit request, the grant of
any revocable permit shall not constitute or be deemed a precedent for the grant of any other
revocable permit.
(b) In addition, to the criteria, in section 82-94(a), above, revocable permits for seawalls
under section 82-97, shall require compliance with the following additional criteria:
(1) The seawall location may not, in any circumstance, be built at a location that would
interfere with navigability. Should the proposed seawall interfere with navigability of
the city's property(i.e., in this case, of the canal), then the applicant will be required,
at its sole cost and expense, to dredge and replace the existing seawall.
(2) The city shall execute a perpetual easement in favor of the applicant, in a form
reasonably acceptable to the city attorney, for as long as there is an encroachment
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into the city's submerged land. The easement will allow the applicant to use the city's
land by filling in the submerged lands, and obtaining access to the canal.
(3) The applicant shall be solely responsible for maintaining the seawall.
(4) General liability coverage of not less than$1,000,000.00, is required by the applicant.
It shall include the City of Miami Beach as an additional insured, and shall contain a
waiver of subrogation endorsement. All of the applicant/permittee's certificates shall
contain endorsements providing that written notice shall be given to the city at least
30 days prior to termination, cancellation or reduction in coverage in the policy.
(5) The applicant shall indemnify and hold the city harmless for applicant's use of the
city property covered by the revocable permit.
LO In addition to the criteria in section 82-94(a)above, revocable permits for existing hedges
on city property shall require compliance with the following criteria:
j) The applicant must affirmatively establish that such hedge, as defined in section 46-
56, has existed in its present location for a period of at least ten (10) years prior to
the effective date of this subsection (c).
(2) The applicant must remit a completed application, including all application
requirements set forth in section 82-92, to the city's public works department within
six(6) months of the effective date of this subsection (c).
0) The hedge must not, in any way, obstruct traffic or right-of-way visibility; corner
visibility, as set forth in section 142-1135; nor the visibility required for the safe
ingress and egress of any neighboring property, as may be determined in the city's
sole discretion.
(4) The applicant shall be solely responsible for properly maintaining the hedge in a neat,
evenly trimmed manner, which shall not exceed any dimension approved in the
revocable permit.
(5) The applicant shall not be authorized to replace the hedge if the city's public works
department determines, in its sole discretion, that the hedge has sustained
substantial damage, or if a hedge harbors a communicable disease or pest that may
spread to adjacent properties.
The applicant may not assign or transfer the revocable permit.
fl The applicant shall expressly authorize the city and/or its authorized representatives
a right of entry onto the applicant's property to inspect,maintain or repair any utilities
on city property,to inspect the property to assure that it is being used and maintained
in accordance with the revocable permit, and/or to remove any hedge (or portion
thereof)for any reason pursuant to this division. The applicant also expressly agrees
that the city and its authorized representatives shall not be responsible for any
damage to the hedge or the applicant's property or landscaping, made by the city
and/or its authorized representatives, in order to inspect, maintain, repair or gain
access to utilities located on the city property which is the subject of this revocable
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permit. Additionally, any expenses incurred by the city, but not paid by the applicant,
in removing the hedge or other landscaping on city property, shall become a lien
upon the applicant's abutting property,which may be foreclosed upon within one (1)
year of its filing.
L) The applicant shall obtain general liability coverage of not less than $1,000,000.00.
It shall include the City of Miami Beach as an additional insured, and shall contain a
waiver of subrogation endorsement. All of the applicant's certificates shall contain
endorsements providing that written notice shall be given to the city at least 30 days
prior to termination, cancellation or reduction in coverage in the policy.
The applicant shall agree to indemnify, defend and hold the city harmless from any
and all claims, liability, losses, damages and causes of actions which may arise out
of this revocable permit.
For purposes of this subsection (c). the director of the public works department shall be
authorized to approve or deny applications for revocable permits. in accordance with the criteria
set forth herein. Any applicant who has been denied a revocable permit pursuant to this
subsection (c) may appeal such denial, within 15 days of the serving or mailing of such
determination. by filing a notice of appeal with the public works director.The public works director
shall schedule such appeal to be heard by the mayor and city commission within 90 days. and
shall give written notice of the hearing to appellant at their last known address. At the conclusion
of such appeal. the decision of the public works director shall be upheld and the appeal denied.
unless the mayor and city commission determine. by a five-sevenths(5/7th)vote.that the decision
of the public works director shall be overturned and the appeal granted based upon the criteria
specified herein. The determination of the mayor and city commission shall be a final decision
as to the use of the city's right-of-way pursuant to this subsection. as it is a proprietary decision,
at the city's sole discretion. to determine and control the manner and extent. if any. to which
public property may be used by private parties.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the a4. day of `6� , 2022.
PASSED AND ADOPTED this /1 day of l/oPte`/ ev , 2022.
•
ATTEST:
/7 Dan Gelber, Mayor
3iP r '
Rafael E. Granado, City Clerk
NOV. 1 ' 2022 IRWCORP ORATED
(Sponsored by Commissioner Kristen Rosen Gonzalez) . '''
Underline denotes additions
Strike#h-rsugh denotes deletions
Double underline denotes additions between first and second reading
denotes deletions between first and second reading
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
City Attorney Date
i
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Ordinances-R5 F
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: November 16, 2022
10:20 a.m.Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE III, ENTITLED "USE OF PUBLIC
PROPERTY," BY AMENDING DIVISION 2, ENTITLED, "REVOCABLE
PERMIT," BY AMENDING SECTION 82-94 THEREOF, ENTITLED
"CRITERIA FOR GRANTING/DENYING REVOCABLE PERMITS," BY
AUTHORIZING AND SETTING FORTH ADDITIONAL CRITERIA TO BE
CONSIDERED IN AN APPLICATION FOR A REVOCABLE PERMIT
REGARDING AN EXISTING HEDGE ENCROACHING ON CITY
PROPERTY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
BACKGROUND/HISTORY
At its March 29, 2022 meeting, the Public Safety and Neighborhood Quality of Life Committee
(PSNQLC)held a discussion regarding "heritage" hedges and vegetation on islands and single-
family neighborhoods that have no sidewalks.
Certain hedges, some dating back many years (and inherited, or passed along from property
owner to property owner,)have either been planted on City property, or have grown over time so
as to encroach onto the Citys right-of-way. Property owners often view these hedges as an
integral part of their property, and as such,the hedges may provide a sense of privacy, security,
and/or improve the aesthetics of the property.
Committee members, in order to assist property owners with their existing hedges that encroach
onto City property, made a motion for the Administration to proceed to the full Commission with
an Ordinance that would set forth additional criteria to be considered in an application for a
Revocable Permit for these hedges, thereby permitting qualifying hedges which would
otherwise violate the City Code to remain in place as long as the qualifying criteria is
maintained.
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The amendments set forth in the attached Ordinance, are necessary to accomplish the
objectives identified above.
At its October 26, 2022 meeting, the City Commission members had the title of the "heritage"
hedge Ordinance read for the record and approved the Ordinance as amended:
Adding two Whereas clauses to the Ordinance: 1) providing the Public Works Director authority
to grant or deny a revocable permit, rather than having the request go to City Commission for
approval; if denied 2) Appeal the request to the City Commission; and 3) to change the word
"their" to"the" hedges.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to perception satisfaction of the City show that
67.4%of Miami Beach residents, 44.0% Florida average and 49.7% National average rated the
City of Miami Beach as a good place to live.
FINANCIAL INFORMATION
No fiscal impact.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bgnd Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
Ordinance
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