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93-2855 Ordinance ORDINANCE NO. 93-2855 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED "REAL PROPERTY" BY ADDITION OF ARTICLE II, ENTITLED "REVOCABLE PERMITS", ESTABLISHING PROCEDURES FOR THE GRANTING, DENIAL AND REVOCATION OF REVOCABLE PERMITS FOR USE OF CITY-OWNED PROPERTY; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Mayor and city commission wish to establish standards and guidelines to ensure that the rights of individual citizens, neighboring property owners and the public are considered in granting revocable permits for use of city-owned property; and WHEREAS, the Mayor and city commission also wish to ensure that city-owned property shall be used only in accordance with the conditions set forth in the revocable permits granted for such use. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF CITY CODE CHAPTER 33. That Miami Beach city code is hereby amended by addition of Article II, entitled "Revocable Permit" to read as follows: ARTICLE II. REVOCABLE PERMITS Sec. 33-1. Definitions. igl Propertv: city Property. Any land. water or air riqhts owned or maintained by the city. .!.!ll Revocable Permit. permission qranted in wri tinq for any use of real property owned or maintained by the city of Miami Beach or in which the city holds an interest. by a person or entity. establishing conditions for such use. providinq for revocation bY the city and establishinq requirements for return of the property upon termination/revocation. Sec. 33-2. APplication requirements. Applicants for Revocable Permits shall submit the followinq application requirements prior to city commission consideration of the request: igl A completed application obtained from the city's Public Works Department and approved by the city Attorney's Office. .!.!ll A title binder or title commitment or attorney's title opinion reqardinq title to the subiect city property and to the applicant's property abuttinq the subiect city property as required by the city Attorney. itl A statement explaininq the reason for the applicant's reauest and showinq the need for a Revocable Permit in connection with use of the applicant's property and/or for purposes of preservation or protection of life. limb or property. ill A topoaraphic survey bv a reqistered surveyor showinq existinq conditions and a drawinq done to scale depic:tinq the public property which is the subiect of the reauest and the improvement(s) proposed by the applicant and indicating the exact dimensions of the improvement (s) and materials from which the improvement(s) will be constructed. 19l A map of the subiect area showinq the subiect property hiqhliqhted and indicatinq all properties within a 375 foot radius of the subiect property. ifl A list (on qummed labels suitable for mailinq) of names and addresses of all property owners of land located within 375 feet of the exterior boundary of the subiect property and a list containinq the leqal description of land owned bY each property owner within the 375 foot radius. i9l A certified letter stating that the ownership list map and mailinq labels are a complete and accurate representation of the real property and owners within a 375 foot radius of the subiect property and statinq the source of the information. ihl A topoqraphic survey of the applicant's property bY a reqistered surveyor. iil A nonrefundable application fee in the amount of $1.000 and a mailina fee in the amount of $ 0.50 per address for each property owner within a 375 foot radius of the subiect property. AdditionallY. the applicant shall pay all costs of advertisinq connected with the reauest. Sec. 33-3. Procedures for city commission consideration of the reauest. lB.l Upon receipt of a completed application. the city's Public Works Department shall transmit the application to the city Attorney's Office. The city Attorney's Office shall prepare a resolution settinq a date for a public hearinq on the request and shall submit the resolution for commission consideration. 2 3 lQl Potential effect (s) on persons havinq an interest in surroundinq properties. welfare of the public and economic impact on the city. iQl compliance of the proposed improvements with applicable codes. ordinances. requlations. neiqhborhood plans and laws. igl Effect(s) on qovernmental/utilitv easements and uses on the -property. Sec. 33-5. Conditions. Termination/Revocation of Revocable permits. llU Each Revocable Permit shall state conditions for its issuance includinq but not limited to: 11 Use which the permittee shall be permitted to make of the premises. II II permittee. il Requirements for indemnification of the city by the permittee. The nature of the improvements permitted. Requirements for maintenance of the premises bY the 21 Requirements for condition of the premises when it is returned to the city upon termination or revocation of the Revocable Permit. Ql Nonassiqnability of the Permit. .ll city's riqht of entry to repair utilities within any city easement or to remove unauthorized improvements. iQl As a further condition of holdinq a revocable permit. the permittee shall pay an annual permit fee in the amount of thirty cents (30e) per square foot for each square foot of property subject to the permit: except that when the property subiect to the permit is waterfront property. the annual fee shall be fifty cents (50<::) per square foot. In the event that the permit is revoked or otherwise terminated prior to expiration of the year for which the annual permit fee was paid. a prorated portion of the fee will be refunded to the permittee. lQl Unless otherwise stated in the Revocable Permit. the Permit shall terminate after the expiration of twenty (20) years. unless surrendered or revoked at an earlier date. 4 .u!l All Revocable Permits shall be revocable at the sole discretion of the city commission upon ten (10) day's prior written notice to the permittee. igl The Public Works Department shall notifY permittees of violations of the Permit conditions. Anv violations which remain uncorrected after ten (10) days from receipt of such notice shall be reported to the city Manaqer and to the city commission. .Lll Revocation shall be bv resolution of the city commission. No public hearinq shall be required: however. the permittee or his/her representative shall be heard upon request prior to a commission vote on the resolution. 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. EFFECTIVE DATE. This Ordinance shall take effect on the 10th day of July , 1993. PASSED and ADOPTED this 30th day of June , 1993. .----' ATTEST: ~~~ 2',,'R~d~ CITY CLERK~/,q/"3 1st reading 6/16/93 2nd reading 6/30/93 SWS:scf:disk4\revperm3.ord FORM APPRr.:VED LEGAL)1(}r /' ,) By ~X/. rxt-, "'_/~?-'1:..~/U~" ~.' '-f..L2---z,/,tc/ R_O/ Date :;')..:/ 7-1:J - '13 V' 5 OFFICE OF THE CITY ATTORNEY ~ef~1/mm F L o R o A CITY ATTORNEY POBOX 0 MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY (305) 673-7002 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO: ,:)g3- =:J 3 E?~ DATE: JUNE 16, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD ~ g;' c..:j) CITY ATTORNEY SUBJECT: ORDINANCE ESTABLISHING PROCEDURES FOR GRANTINGI DENYING OR REVOKING A REVOCABLE PERMITS The City Attorney's Office drafted the attached ordinance which establishes procedures for the granting, denying and revoking of revocable permits authorizing private citizens to use property which the City owns, maintains or holds an interest in. The ordinance provides application procedures including submission of a nonrefundable application fee of $1,000 and proof of ownership of abutting property. The procedures for granting or denying a revocable permit include a public hearing and prior mail notice to property owners within 375 feet of the subject property. Costs for the required mail notice would be paid by the applicant. In addition to the initial application fee, an annual permit fee will be required in the amount of fifty cents (50~) per square foot for oceanfront property and thirty cents (30~) per square foot for all other property. This fee in is lieu of the annual fee based on estimated ad valorem tax assessment which was passed on first reading on June 2nd. The city Attorney's Office recommends this substitution to avoid the characterization of the permit fee as an illegal tax. In granting or denying the permit, the City Commission would consider the following criteria: 1) the need of the applicant, 2) whether the applicant owns an abutting property, 3) the effects on neighboring properties, the public welfare, and economic impact on the city, 4) compliance of the proposed improvements with existing ordinances, laws, rules and neighborhood plans, and 5) effect on governmental/utility easements and uses. The ordinance also provides f0r revocation of the permit at the sole discretion of the City commission UPQ~ ten dayis written notice to the permittee. Additionally, the ordinance provides for monitoring of compliance with the conditions of the permit by the Administration and a report to the City commission when there is noncompliance. LF:scf:memos\revprmt.cm AG~~~~~ - ~ - B J2 DATE ~- 30 -q~ . -.JG CONV~~ ~!ON C~NTER DRIVE - FOURTH FLOOR - MIAMI BEACH FLORIDA 33139