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  1. #1
    Join Date
    Apr 2019
    Posts
    2

    Default When is Use of an Alley an Encroachment

    If I'm driving through the Alley to access a property, am I encroaching the Alley ?

    So far this is the only code I can find in regards to the Alleys

    Sec. 96-18. - Alley encroachment prohibited.
    Owners of real property adjacent to or abutting City alleys are prohibited from encroaching, blocking or obstructing any City alley.


    Sec. 96-19. - Prohibited acts.
    The growth of any trees, bushes, or other foliage or vegetation into any alley and the placement of any structure, fence, vehicle, personal property, garbage or trash therein so as to encroach, block or obstruct any City alley is strictly prohibited.


    Sec. 96-20. - Notification of violation.
    Upon observation and verification of a violation of the aforesaid Code Sections, the City Code Enforcement Department shall notify the property owner responsible for the violation in writing. The Notice of Violation may be hand delivered, sent by certified mail, return receipt requested, or posted on the subject premises in a conspicuous location.


    Sec. 96-21. - Notice of violation appeal.
    The Notice of Violation shall provide that the property owner shall have ten calendar days from receipt of the Notice to correct the violation or the City will then correct the violation, bill the property owner for the costs of the City's corrective actions, and, upon the owner's failure to satisfy the City's bill, file a lien against the subject premises for any outstanding charges incurred by the City. The Notice shall also provide that the property owner may file a written Notice of Appeal of the Notice of Violation within the time permitted for correction with the City Manager. If a Notice of Appeal is received, the City Manager shall conduct an appeal hearing at the earliest possible time. The appellate decision of the City Manager shall be in writing and specify what, if any, corrective action is required and when corrective action must be completed.

    Thank You

  2. #2
    Join Date
    Oct 2006
    Posts
    15,191

    Default Re: Alley. Encroaching

    Since the purpose of an alley is to drive down it, then no, that could not be considered to be an encroachment. Leaving your car blocking the alley so that no one else can drive down it, WOULD be an encroachment. How about you tell us what is actually going on?

  3. #3
    Join Date
    Nov 2013
    Posts
    6,160

    Default Re: Alley. Encroaching

    You did not give us your state but your ordinances appear to be for the City of Miami Springs. It pretty much looks like a planned development on Google Maps. There are lots of unnamed alleys that give property owners access to the backs of the properties.

    https://www.google.com/maps/place/Mi...8!4d-80.289495

    These easements were all likely created in the subdivision plane.

    Now you have to maintain that part of the alley that is on your property or abuts your property. The ordinances are in clear language.

    Sec. 96-19. - Prohibited acts.
    The growth of any trees, bushes, or other foliage or vegetation into any alley and the placement of any structure, fence, vehicle, personal property, garbage or trash therein so as to encroach, block or obstruct any City alley is strictly prohibited.
    You can drive or walk on the alley. You just can't do what 96-19 says you can't.

    What did you get cited for?

  4. #4
    Join Date
    Apr 2019
    Posts
    2

    Default Re: Alley. Encroaching

    I got a verbal warning from a city employee that I cant drive my vehicle through the alley

  5. #5
    Join Date
    Oct 2006
    Posts
    15,191

    Default Re: Alley. Encroaching

    Quote Quoting marip
    View Post
    I got a verbal warning from a city employee that I cant drive my vehicle through the alley
    Unless you are using the alley as a through street or don't own/leased property that abuts the alley, the city employee was wrong. The alley is to access the back portion of your property, its not a through street.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,754

    Default Re: Alley. Encroaching

    Quote Quoting marip
    View Post
    I got a verbal warning from a city employee that I cant drive my vehicle through the alley
    Assuming that you are in Miami Springs, an aerial view of the homes show that many have access to the rear of the properties from the alley including some property with garage buildings that have garage doors facing the alley.

    Conclusion, the city employee is a legend in his own mind, and you can drive through the alley to access the property.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,354

    Default Re: Alley. Encroaching

    Quote Quoting marip
    View Post
    I got a verbal warning from a city employee that I cant drive my vehicle through the alley
    I suspect there is more to the story. Did he give a reason why you (specifically) could not use the specific alley you were using when the city employee issued that warning?

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