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Ordinance 93-2855ORDINANCE 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. (a) Property; City Property. Any land, water or air rights owned or maintained by the City. /121 Revocable Permit. Permission granted in writing 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, providing for revocation by the City and establishing requirements for return of the property upon termination/revocation. Sec. 33-2. Application requirements. Applicants for Revocable Permits shall submit the following application requirements prior to City Commission consideration of the request: (a) A completed application obtained from the City's Public Works Department and approved by the City Attorney's Office. (b) A title binder or title commitment or attorney's title opinion regarding title to the subject City property and to the applicant's property abutting the subject City property as required by the City Attorney. (c) A statement explaining the reason for the applicant's request and showing 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. (d) A topographic survey by a registered surveyor showing existing conditions and a drawing done to scale depicting the public property which is the subject of the request 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. j A map of the subject area showing the subject property highlighted and indicating all properties within a 375 foot radius of the subject property. (f) A list (on gummed labels suitable for mailing) of names and addresses of all property owners of land located within 375 feet of the exterior boundary of the subject property and a list containing the legal description of land owned by each property owner within the 375 foot radius. (g) A certified letter stating that the ownership list map and mailing labels are a complete and accurate representation of the real property and owners within a 375 foot radius of the subject property and stating the source of the information. (h) A topographic survey of the applicant's property by a registered surveyor. (i) A nonrefundable application fee in the amount of $1,000 and a mailing fee in the amount of $ 0.50 per address for each property owner within a 375 foot radius of the subject property. Additionally, the applicant shall pay all costs of advertising connected with the request. Sec. 33-3. Procedures for City Commission consideration of the request. (a) 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 setting a date for a public hearing on the request and shall submit the resolution for Commission Consideration. 2 (b) The City shall provide mail notice of the public hearing at least fifteen days prior to the hearing to owners of land lying within 375 feet of the subject property. The Notice shall indicate the date, time and place of the hearing and the nature of the request and shall invite written comments and/or participation at the hearing. The City Attorney's Office shall prepare the proposed Revocable Permit and an appropriate resolution granting the Revocable Permit for consideration by the City Commission. id)_ The City Administration shall review the request and prepare a recommendation based upon the factors set forth in Subsection 33-4, which report shall be transmitted to the City Commission prior to the public hearing on the matter. (e) At the close of the public hearing the City Commission may grant or deny the request. In so doing the Commission may modify the proposed Revocable Permit. (f) If the request is denied, no application may be made based upon the same request for a period of six (6) months from the date of the denial. (g) The applicant may withdraw the r;�quest at any time prior to the public hearing. If the request is withdrawn prior to expenditure of costs for advertising and mail notice, the mailing fee and advertising costs specified in Section 33-2 shall be refunded to the applicant. If a request is withdrawn or deferred at the applicant's request after the expenditure of costs for the advertising and mail notices, these costs will not be refunded and an additional mailing fee and advertising fee shall be assessed prior to rescheduling of the hearing. When a request is deferred at the City's request no additional fee shall be assessed. Sec. 33-4. Criteria for granting/denying Revocable Permits. Revocable Permits shall be granted or denied based upon consideration of the following criteria: Lai_ Importance of the applicant's need. /hl Whether the applicant holds title to an abutting property. 3 (c) Potential effect(s) on persons having an interest in surrounding properties, welfare of the public and economic impact on the City. (d) Compliance of the proposed improvements with applicable codes, ordinances, regulations, neighborhood plans and laws. _(e)_ Effect(s) on governmental/utility easements and uses on the property. Sec. 33-5. Conditions, Termination/Revocation of Revocable Permits. 1a1 Each Revocable Permit shall state conditions for its issuance including but not limited to: 11 Use which the permittee shall be permitted to make of the premises. 21 The nature of the improvements permitted. 31 Requirements for maintenance of the premises by the permittee. 41 Requirements for indemnification of the City by the permittee 5a Requirements for condition of the premises when it is returned to the City upon termination or revocation of the Revocable Permit. Nonassignability of the Permit. 21 City's right of entry to repair utilities within any City easement or to remove unauthorized improvements. /121 As a further condition of holding a revocable permit, the permittee shall pay an annual permit fee in the amount of thirty cents (30) per square foot for each square foot of property subject to the permit; except that when the property subject to the permit is waterfront property, the annual fee shall be fifty cents (5MG) 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. (c) 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 (d) 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. (e) The Public Works Department shall notify permittees of violations of the Permit conditions. Any violations which remain uncorrected after ten (10) days from receipt of such notice shall be reported to the City Manager and to the City Commission. Lfl Revocation shall be by resolution of the City Commission. No public hearing 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: CITY CLERK 4/1443 1st reading 6/16/93 2nd reading 6/30/93 SWS:scf:disk4\revperm3.ord FORM APPROVED LEGL .1 '�T. By Date s{:yS 7-/3-93 5 ORICINAL ORD INANCP NO. 93-2855'