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Miami Beach
2/20/05 - First off, what is a swale? That property lying
between a private property, up to the public improved property is a swale.
Over the years both the private lot owner and the city have either ignored this
strip of land or in many cases the private lot owner has improved the swale
strip.
The old
swale rules dictated that the abutting property owner had the duty
 of maintaining the swale and keeping it clean and attractive. Some
residents have inserted trees, bushes, grass, bumper stones and flowers, etc.
Some improvements have been placed to beatify abutting homes. Other things have
been placed to rebuff trespassing, dog dumping, and other potential swale
littering and damaging.
The administration stated they intend to contact homeowner groups and get input
into writing a swale ordinance. Ideas bantered about were to disallow hedges and
parking materials other then non-concrete movable pavers. It is suggested that
property owners will need to get permit's to place anything, including foliage
in the swale area.
Parking would be allowed but for one vehicle only in each 20-foot and that being
the lot owners. Others may park but for only 6 hours and 2 times a week. (This
will be an interesting enforcement issue).
What the City plans to do is regulate the swale areas charging the property
owner with the up-keep duties yet dictating what and how the owner needs to
maintain or "enjoy" the use of the swale. Such things as watering, mowing, and
fertilizing will be at the owner’s expense.
Certainly, this passing the up-keep buck, but with few privileges, could be a
real bone of contention with long time residents who have improved the swales
over the years. Some might even say the City abandoned the swale land forcing
the residents to spend money and time on conserving and maintaining the City
land without repayment.
Any citizen who has observed the homes throughout the City has noticed countless
items placed or grown on the swales. Forcing owners to remove them certainly
will be a Pandora's Box being opened. This writer has driven Alton Road many
times and noticed residents cars parked off the roadway and on the swales.
Certainly, the City forcing these owners to park back on Alton will result in
controversy.
The timing of this ordinance also could be problematic. This year Miami Beach
will hold an election and four seats will be up for grabs. Incumbent
commissioners many need to ask these same swale abutting owners for support yet
causing these same owners to remove improvements or get permits just might shake
the potential candidate tree bring forth homeowner challengers. Nothing can
raise the blood pressure of residents as having their properties cited and
governed.
If
the administration only talks to homeowner groups, it also will be interesting
to see those private homes, not belonging to homeowners groups reactions. As
well, the new rules will be imposed on not only single-family areas but also
RS2, RS3 & RS4 areas, not single-family properties; they usually do not have
neighborhood group representation but will have a "dog in this fight".
Lastly,
Pine Tree Drive has million dollar mansions with hedges right up to the City
line. Many hedges are well over 6 foot in height. The rules also say that such
foliage on the property line must adhere to height limits or be moved back.
Those that have grown into the swale are proposed to be illegal be the suggest
rules this writer read.
www.miamibeachfl.gov/newcity/cityhall/swale.asp
for exact ordinance information.. |
