6825 SW 64 ST_GREEN MISC SENT BY B.H.J.& B. ; 6-28=94 ; 13:08 BAILEY HUNT- 6664591;# 1/ 3
f BAILEY HUNT .JON ES & BUSTO
A PROFE55IONAL^315OCIATION
ATTOONEYS AT LAW
PAUL A. ARENCIBIA COURVOiSICR CENTRE • SUITE 300 Or COUNSEL
GUY S. GAILEY. JR. 501 BRICKELL KEY DRIVE LAWRENCE S. EVANS
KATHY J. BIBLE MIAMI, FLORIDA 33131-2423 J BRUCE IRVING
MERCEDES C. BNSTO ROBERT E. SCHUR
SCOTT L.CAGAN TEL. (305)374-5508
TIMOTHY CONE FAX(305)374-5715 SENIOR COUNs«
STEVEN CARLYLE CPONIG ' WM. R. DAWES
JAMES C. CUNNINGHAM. JR. ' GEORGE J. BAYA
RICHARD M. DAVIS
EARL G. GALLOP
JUDITH B.GREENE
PICHARD H.HUNT. JR.
BRUCE HURWITZ
JESSE C. JONES
JOHN 8, LEVITT
FACSaMS TRANSMITTAL SIiER-r
IMMEUTATF AT7%NTIQtY REQUEb'TED_
The information contained in this facsimile message is.confidential and is intended only for the use of
the person to whom it is ducted If you have received this memorandum in error, please notify Ms.
NyibV (by collect call,person-to-person)at(305)3745506 immediakly.
TO. Bill Mackey
COMPANY:
FAX NUMBER: 666-4591
TELEPHONE NUMBER:
FROM. DATE:
6/28/94
NUMBER OF PAGES DVCLUDINO COVER SHEET. 3 FILE NO
9447-00 1
Im Right of Way I
Transmitted from a Xerox Telecopier 295
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me this afternoon to review
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SENT BY:B.H.J.& B. 6-28-94 ; 13:08 BA I LEY HUNT- 6664591;# 2/ 3
I
I
June 28, 1994
Mrs. Nancy Wilson Young
6825 S.W. 64th Street
South Miami, FL 33143
Dear Mrs. Young:
I received your March 11, 1994 letter, around the time of my
appointment to be the city attorney, inquiring about the extent of
the city's enforcement authority over private landscaping in the
right of ways. This letter responds to your inquiry. Please
forgive my delayed response.
The city has exclusive jurisdiction over municipal rights of
way. It can prescribe and enforce landscaping regulations for
municipal rights of way. In the absence of an interlocal
agreement, the city does not have regulatory jurisdiction over
landscaping in state rights of way. Further,1 in the absence of an
interlocal agreement or a delegation of county home-rule powers,
the city does not have regulatory jurisdiction over landscaping in
county rights of way. I am advised that 64th Street is a county-
maintained road. I
I am not aware of any interlocal agreement between the county
and the city concerning landscaping of that road. To the best of
my knowledge, the county has not delegated that power to the city.
However, the Metropolitan Dade County Code was amended by Ordinance
no. 69-8 to create a county Tree and ForestlResources Program to
protect tree canopy and forest communities. The program regulates
tree removal and destruction. Under that ordinance, found in S 24-
3 and 24-60 of the Dade County code, cities are responsible for
administering tree removal permits unless the city notifies the
county that it wants the county to enforce the program in the city.
The City of South Miami has administered the tree removal program
in the past. An ordinance was drafted, but lit has not been acted
on, to repeal the city's permitting ordinance and transfer the
SENT BY:B.H.J.& B. 6-28-94 13:09 BAILEY HUNT-+ 6664591;# 3/ 3
Mrs. Nancy Wilson Young
June 28, 1994
Page 2
responsibility to the county. I emphasize that this program
addresses only tree removal, and not tree planting or enforcement
of subjects other than tree removal.
Unless and until the city assumes responsibility over county-
maintained rights of way by interlocal agreement, any questions or
complaints concerning right -of way landscaping and maintenance
(except requests for permits to remove trees) should be directed to
the county right of way office or to the Dade County Department of
Environmental Resources Protection.
I hope this satisfactorily addresses your inquiry. Please do
not hesitate to contact me if you have any questions or if you
would like more information.
Very truly yours,
Earl G. Gallop
EGG:egg
9467Youg.3tr
cc: Neil Carver, Mayor
Bill Hampton, City Manager
Perry Turner, Chief
Bill Mackey, Planner
Kathy Vazquez, Chief Code
Enforcement officer
i