Ordinance 2023-4561 ORDINANCE NO. 2023-4561
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
DELETING SUBSECTION (C) THEREOF, AND BY CREATING SECTION
82-94.5, ENTITILED "REVOCABLE PERMIT APPLICATION
REQUIREMENTS AND CRITERIA FOR EXISTING HEDGES ON CITY
PROPERTY," BY STREAMLINING THE APPLICATION AND APPROVAL
PROCESS FOR THE ISSUANCE OF REVOCABLE PERMITS
PERTAINING TO EXISTING HEDGES ENCROACHING ON CITY
PROPERTY; AND AMENDING APPENDIX A, "FEE SCHEDULE," TO
ESTABLISH THE APPLICATION, REVIEW AND REVOCABLE PERMIT
FEE FOR HEDGES PURSUANT TO SECTION 82-94.5; 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 toencroach onto the City's right-of-way; and
WHEREAS, property owners often view 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(s);
and
WHEREAS, in order to further assist property owners with existing hedges on.City
property, the City, is amending its revocable permit application process and criteria so that
property owners may more readily and economically 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 Section 82-94 and Section 82-94.5 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.
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(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
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.
(c) In addition to the criteria in section 82 94(a)above, revocable permits for existing hedge
en city properly shall req lire compliance with the fallowing criteria•_
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
req irements-se� fo�-section 92 to the oity's public works department within
six(6) months of the effective date of this subsection (c).
(3) The h e Est t in any way obstr got traffic or right f way visibility corner
visibility, as set forth in section 112 1135; nor the visibility required for the safe ingrec.,
nd re f ny n hboring prop v as -may be determined i city's sale
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pion.
(1) 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
damage, or if a hedge harbors a communicable disease or pest that may spread to
adjacent properties
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•
(6) The applicant may not assign er transfer the revocable permit
a right of entry onto the applicant's property to inspect maintain er 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
that the city and its authorized representatives shall not be responsible for any
damage to the hedge er the applicant's property or landscaping made by the city
,
andler 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
the-applican ,
of its filing.
(7) The applicant shall obtain general liability coverage of not less than $1,000,000.00. It
shall include the' City of Miami Reach as an additional insured' and shall contain a
(9) 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.
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
private parties
Sec. 82-94.5.-Revocable permit application requirements and criteria for existing hedges
on city property.
Applicants for revocable permits for existing hedges (as such term is defined in sectio
46- 56 of the city code) that are located on city property must submit the following to the
city's public works department prior to the city considering the request:
A completed application, obtained from the city's public works department,which must
be submitted within eighteen (18) months of the issuance of any notice of violation
pertaining to the hedge.
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Documentation affirmatively establishing that the hedge has existed in its present
location fora period of at least ten (10)years prior to the effective date of this section.
A signed and sealed survey, prepared by a Florida-registered professional surveyor
and mapper, which shows the current location of the hedge, the property lines and
current encroachment of the hedge onto city property, the current dimensions of the
hedge, and all safe sight triangles (as set forth in the city's public works manual) as
the hedge currently exists.
al A nonrefundable application, review and permit fee as specified in Appendix A.
The issuance of revocable permits for existing hedges on city property shall require
compliance with the following criteria:
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.
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.
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 must be removed due to
having 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.
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
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.
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 the revocable permit.
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For purposes of this section, 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 section 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 maiority 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
section, 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 utilized by private parties.
SECTION 2. Appendix A, entitled "Fee Schedule" is hereby amended as follows:
APPENDIX A
FEE SCHEDULE
82-94.5 Application/review/permit fee for hedges 547.00 [A]
* * *
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. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect on the I day of l4(?! , 2023.
PASSED AND ADOPTED this on day of 114 k4" , 2023.
ATTEST: dif
Dan Gelber, Mayor
3/ JUL - 5 2023
R ael E. Granado, City Clerk
411
' \ C ''',,
(Sponsored by Commissioner Kristen Rosen Gonzalez) `: ,,
IfiCORP ORATED,• s
% . AN s�
Underline denotes additions '; , •.. ..=^�_
Striketlaceugh denotes deletions '''',ZIr 26,__�
Double underline denotes additions after first reading
denotes deletions after first reading
. APPROVED AS TO •
FORM & LANGUAGE:
&FOR EXECUTION
b- lb— Z'3
City Attorney
An� Date
• \
Ordinances-R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 28, 2023
10:50 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,"
BYAMENDING 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 DELETING
SUBSECTION (C) THEREOF, AND BY CREATING SECTION 82-94.5,
ENTITLED "REVOCABLE PERMIT APPLICATION REQUIREMENTS AND
CRITERIA FOR EXISTING HEDGES ON CITY PROPERTY," BY
STREAMLINING THE APPLICATION AND APPROVAL PROCESS FOR
THE ISSUANCE OF REVOCABLE PERMITS PERTAINING TO EXISTING
HEDGES ENCROACHING ON CITY PROPERTY; AND AMENDING
APPENDIX A, "FEE SCHEDULE," TO ESTABLISH THE APPLICATION,
REVIEW AND REVOCABLE PERMIT FEE FOR HEDGES PURSUANT TO
SECTION 82-94.5; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
BACKGROUND/HISTORY
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.
Property owners often view the hedges as an integral part of their property, and as such, the
hedges may provide privacy,security, and/or improve the aesthetics of the property.
In order to further assist property owners with existing hedges on City property, the City is
amending its revocable permit application process and criteria so that property owners may
more readily and economically legalize qualifying hedges which would otherwise violate the City
Code. The amendments set forth below are necessary to accomplish the objectives identified
above.
Page 990 of 1808
At its March 27, 2023 meeting, the City Commission read the title of the Ordinance into the
record and scheduled a Second Reading Public Hearing on April 28, 2023. However, at the
request of the Administration, the item was opened and continued to the May 17, 2023 City
Commission meeting to allow the Administration time to hold a Virtual Public Meeting on
Tuesday, May 9, 2023 to go over the revocable heritage hedge permit process.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City 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.Q.
to Know" item,pursuant to Bond 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
o Ordinance
Page 991 of 1808