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:
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CITY CLERK~/,q/"3
1st reading 6/16/93
2nd reading 6/30/93
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FORM APPRr.:VED
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OFFICE OF THE CITY ATTORNEY
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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.
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