Item Coversheet
 Legislation
11.2.


City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, Fl 33162
305-947-7581
www.citynmb.com

MEMORANDUM



 

TO:Mayor and City Commission
FROM: City Manager Arthur H. Sorey, III
VIA: 

Kent Walia, AICP, Community Development Director

DATE:September  21, 2022



 RE: Ordinance No. 2022-09 (First Reading) Property Rights Element (Kent Walia, AICP, Community Development Director)


Description
 
BACKGROUND ANALYSIS:


 

During the 2021 Legislative Session, the Florida Legislature adoption changes to Chapter 163, Section 163.3177 – requiring governments to acknowledge and constitutionally protect private property rights. The bill was signed into law by the governor on June 29, 2021.

As part of this requirement, all Cities must adopt a Property Rights Element into their Comprehensive Plan. Below are the goal, objectives and polices proposed, consistent with the state requirements. 

 

Property Right’s Element:

 
Goal: Consider the rights of property owners in all local decision-making.

Objectives and Policies:

 
Objective 1: - Apply rules, ordinances, and regulations with sensitivity for private property rights.

Policy 1.1: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.

Policy 1.2: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.

Policy 1.3: In local decision-making, the City of North Miami Beach shall consider the right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.

Policy 1.4: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to dispose of his or her property through sale or gift.

 RECOMMENDATION:


 On July 11, 2022, the Planning & Zoning Board recommended approval 5-0. 
 FISCAL/ BUDGETARY IMPACT:
 



ATTACHMENTS:
Description
Property Rights Element - Draft Ordinance
Property Rights Element - Staff Report
Florida Statute Section - Reference Only