§ 33-315.2. Amendment or deletion of covenant proviso of resolution.

An application for public hearing may be filed to amend or delete, in whole or in part, that portion of a resolution which accepts or requires a restrictive covenant by condition or otherwise, hereinafter the covenant proviso, where the covenant has not been recorded in the Public Records of Miami-Dade County. An application to amend or delete a covenant proviso may seek effectively the same relief that could have been sought by modification or release of the restrictive covenant had such covenant been timely recorded. Notice shall be provided pursuant to Section 33-310 herein, except that the required mailed notices shall comply with the one-half (½) mile radius provision. Original jurisdiction over applications under this section shall be with the board that issued the resolution containing the covenant proviso. The appellate process shall be the same as for the appeal of an application seeking the approvals contained in the prior resolution. No application under this section shall be filed and accepted unless (a) the applicant states under oath that the covenant in question has not been recorded as evidenced by a title search or attorney's opinion of title current to within thirty (30) days of filing this application, and (b) states under oath why it is not reasonably practicable for said covenant to be timely recorded as contemplated by the prior resolution, and (c) the applicant has complied with all known requirements which would have pertained to the modification or release of the covenant had that covenant been recorded pursuant to the covenant proviso of the resolution. In considering an application pursuant to this section, the applicable board shall consider the following, in addition to all criteria pertaining to the approvals to which the covenant proviso of the prior resolution pertains:

1.

The extent to which the County, the applicant and the applicant's predecessor(s) in title are responsible for the failure of the covenant to be timely recorded, including whether the failure to record the covenant is a result of clerical or other error;

2.

Whether there was an intent to deceive or mislead the County in connection with the prior resolution containing the covenant proviso; and

3.

Any detriment which the granting of the application may cause to the County, or the public, including the area affected. The consideration of detriment shall include, but not be limited to (a) whether granting relief will impair the County's ability to obtain compliance with the covenant proviso by the applicant or other property owners to the extent that the covenant proviso may remain in effect after a revision; and (b) whether the applicant will proffer a new, recordable covenant addressing the concerns that were to have been addressed by the prior covenant.

(Ord. No. 00-83, § 1, 6-20-00)