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HomeMy WebLinkAboutM-92-013003 REALTOR@ MIAMI BOAFi0 OF REALTORS® 2050 CORAL WAY MIAMI, FLORIDA 33145 305/854-2050 Fax:858-3682 PRESIDENT JUNE DUNN DRAKE. GRI, CCIM January 22, 1992 FIRST VICE PRESIDENT JOHN J. GALLAGHER. SIOR Mr. Cesar H. Odio, Manager SECOND VICE PRESIDENT ELIZABETH T. LASCH, LTG City of Miami SECRETARY la O. Box 330708 ROSE GORDON Miami, Florida 33133 TREASURER JULIO ESOUENAZI EXECUTIVE VICE PRESIDENT BETTY 57RICKLAND Dear Mr. Odio: BOARD COUNSEL WESLEY F. WHITE f �_�i,' I!r f S :t'r- The Miami Board of Realtors® TaskForce Against Graffiti (TAG) and DIRECTORS the many organizations we represent respectfully requests that the JEFF ALMUINA. GRI. CPS proposed City of Miami anti -graffiti ordinance be placed on the JULIE S. ALVAREZ agenda of the February 13th, 1992 meeting of the City Commission. RAYMOND G. ASMAR BILL BIONDI,CPM,CCIM Further, I wish to be placed on the agenda to discuss this proposal MIGUEL A. DE LA 70RRE, GRI MANE T GD LA VAFR RAN A.JASOD If your office has any questions, kindly have them directed to Liz Hubbart at the phone and address above. THEODOREE J. KOWALSK;. CPS, C;;3 As always, thank you for your attention and assistance in this matter. Wr LIAM. A. SCHAEFFER. GRI, CPS JOWN R. STEINBAUER, Sr., SIOR Sin rely, ALVI` WALTZER, CRB Fr k obo, Chairman ASSOCIATE DIRECTORS TaskForce Against Graffiti SUSANLAWSON GRA",CIS RAGOO MARi�YN STEELE FC/h cc: City Commissioners Mr. Aurelio Lugones, Agenda Clerk t jQ REAL TOR-- - is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a men;ber of the NATIONAL ASSOCIATION OF REAL TORS . 42-1 J-�31�810 iid/2/8l Now 1 �. ORDINANCE NO.�► AN ORDINANCE PROHIBITING MALICIOUS REAL PROPERTY DAMAGE; WILFUL OR MALICIOUS PLACING OF UNLAWFUL SIGNS ON REAL PROPERTY; INTENTIONAL UNAUTHORIZED DEFACEMENT OF REAL PROPERTY BY PLACING OF MATERIAL THEREON WHICH EXPOSES OR TENDS TO EXPOSE ANOTH9R, TO RISK OF VIOLENCE, CONTEMPT OR HATRED BASED ON RACE, COLOR, CREED OR RELIGION; PROVIDING FOR PENALTIES, A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA,. Section 1. Notwithstanding any City Code provision to the contrary, It Shall be unlawful for any person maliciously or wantonly or without the knowledge and Consent of the owner to mar, deface, damage or destroy by writing, painting or drawing any inscription, figure or mark of any type on the exterior or interior, inol.uding walls and appurtenances of any public or private building, telephone booth, bud bench, public way, church, synagogue, or school. Section 2. Notwithstanding any City Code provision to the oontrary, it Shall be unlawful for any person wilfully or maliciously to affix or attach by any means whatsoever upon or in any plane of abode, municipal recreational area or faoility, 3 offioe, telephone booth, bus bench, Otaro, PXIbliFjItLrnT or way, ohuroh, synagogue, sohool or other building constructed or used for religious or educational purposes; or upon any wall or appurtenanos thereof, any paint, felt-tip, indelible marker, orayon, ohalk, ink, sign, poster placard or implement oontaining non -water soluble fluid with unlawful intent: (a) to damage, defaoe. design, mark or defile Puoh plaoe of abode, municipal reoreational area or facility, telephone booth, bus bench, office, store, publio building or way, ohuroh, synagogue, sohool or other building constructed or used for religious educational purposes; or (b) to defame With words or symbols any person 000upying or using same. Seotion 3. Notwithstanding any City Code provigtion to the contrary, no person shall intentionally defaoe without authorization of the owner or tenant any private or publio premises or property primarily used for religious, educational, residential, memorial, recreational, oharitable, cemetery or utilitarian purposes, or for assembly by persons of a partioular raoe, oolor. oreed or religion. by placing materit►1 thereon, inoluding a symbols, objeots, oarioatures, an appellation, a burning oross or a Nazi swastika, or graffiti thereby exposing or tending to expose another to risk of violence, contempt or hatred on the basis of race, color, creed or religion. Seotion 4. Notwithstanding any City Code provision to the contrary, violation of Beotions 1, 2, and 3 of this Ordinance small be punishable by a fine of not more than two hundred and i V fifty dollars ($280.00) for a first offense and a fine not to exoeed five hundred dollars (Sa00.00) for a seoond or eaoh subsequent offenS$ or by imprisonment in jail for a term not to exoeed sixty (60) daye or by both suoh fine and imprisonment upon oonviotion thereof. The above penalty may► in the disoretion of the court, be waived or substituted by the performanoe of suoh number of hours of oommunity servioe as deemed proper by the oourt, not to exoeed 100 hours. Seotion B. In addition to any punishment, the oourt shall Order the defendant to make restitution to the viotim for damage or logs oaussed direotly or indireotly by the defendant's offense In a reasonable amount or manner to be determined by the oourt. Sphere the defendant is a minor, the oourt shall order the parent or legal guardian of suoh minor to make suoh restitution and/or pay fines, penalties and oosts. Seotion 8. In addition to any punishment, the court may in its disoretion order the defendant to perform monitored oommunity oorvioc- Seotion 7. Whenever the oity beoomes aware of the existenoe of graffiti on any property, inol.uding struotures or improvements within the oity, a oode enforoerient offioer is authorized, upon suoh ditsoovery, to give, or oause to be given, notioe to remove or effectively obsoure suoh graffiti within the time period enumerated in the notioe, to the owner, agent or manager who shall cause the graffiti to be removed or effeotively obsoured by any means so long as it is oompletely obliterated, painted or Is- Aa touched up with the same or similar color of existing paint and/or texture of the original wall, fence, siding or part of the ©truoture afflioted. Seotion 8. It Shall be unlawful for any person or firm owning property, noting as manager or agent for the owner of property, or in possession or oontrol of property to fail to remove or effeotively obsoure any graffiti from suoh property within thirty (00) days from receipt of the notice desoribed in Section 7 above or within the time period enumerated in said notice, whiohever Is later. If the person or firm owning suoh property, aoting as manager or agent for the owner of suoh property, or in possession or ooutrol of such property, fails to remove or effeotively obsoure the graffiti within the time period enumerated above, the city shall present a oase to the Code Enforcement Hoard and fines shall be assessed against the property until, it oome+s into compliance. Section 9. Any person or Tirm owning property, aoting as agent or manager for the owner of such property. or in possession or control of suoh property, who commits a violation of Section 8 above. shall be punished by a fine as determined by the Code Enforcement Board. in deciding the amount of fine to impose, the Code Enforcement Board shall oonsider the efforts te.ken by the violator, if any, to remove or effeotively obsoure the subjeot graffiti in a timely manner and how often the violator has been victimized by graffiti during the preoeding calendar years. The provisions of this Section shall not apply to a property owner, - 4 - 1 f manager. agent, or possessor of property if, in the sole determination of the City Manager, the City Manager'rs designee, or the Code Enforoement Board suoh property owner, agent, manager, or possessor has been viotimized two or more times by graffiti within any oalendar year, and, during suoh time, has removed or effeotively obsoured suoh graffiti from the property In a timely manner. Seotion 1.0. The City of Miami may institute a civil action in a oourt of oompetent jurisdiotion to recover oompensatory and punitive damages. including reasonable oosts and eXpenses, for any damage oaused to City -owned property looated within the oity limits of Miami as a result of violations of Seotions 1, 2, or 3 of this Ordinanoe. Section 11. All ordinanoes or parts of ordinances insofar as they are inconsistent or in oonfliot with the provisions of this Ordinanoe, are hereby repealed. Seotion 12. If any section, part of seoti,on, paragraph, clause, phrase, or word of this Ordinance io deolared invalid, by a court of competent jurisdiction the remaining provisions of this Ordinanoe shall not be affected. Seotion 13. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, whioh provision may be renumbered or relettered and that the word "ordinance" may be Changed to "section", "article", or other appropriate word to accomplish such intention. -a- 7 1 .16 800tion 14. This Ordinanoe shall become effeot:ive t (00) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this _ dap of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: PAMELA PRIDE-CHAVIES ASSISTANT CITY ATTORNEY 1 1992. XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNEFS: A. QUINN JONES, III CITY ATTORNEY PPC/eb8/9mb/M880 --D �-= -00 .1) A A. It "Graffiti is unacceptable. We will not sit back and let It destroy our quality of life." — Jean Simon, Chairman TaskForce Against Graffiti e _ GRAFFITI — What is it? .GG It's the willful destruction of public or private property that typically oc- curs when materials like spray paint or wide -tipped felt markers are used to write a graffiti "tag" on the wall or window of a home or business, on a bus seat or traffic sign, on a bridge overpass or even on a car. a it's a crime! Graffiti is a second degree misde- meanor. Sentencing often includes community service hours spent paint- ing out graffiti and financial restitu- tion to the victim (which can run Into thousands of dollars). It may also re- sult In a permanent criminal record. I I Mari �o t Who does It? "Tag teams" UZI teenage gan4g G teenagers w 3 ognition fD Typicalt °1 o o hoods nN0cpm Thyn ::S n °off A .�,y nF mCu over -a prepared surface. Graffiti cleaner and water do the rest. Textured Coatings of America, Ft. Laud- erdale, FL, 1/581-0771. o Urethaband 1110100-104 (protestant): For metal, concrete, stucco and brick. Coatings for Industry, Inc., Souder- town, PA. • Glass -Hide (protestant): Metal and most other surfaces. Perma-Coatings, Inc., Melrose Park, iL. • Polane, T(leclad, Sunfire 421 (protect - ant): For, respectively, interior and ex- terior surfaces and automotive fleets. Sherwin-Williams, Co., Garden City, NJ. • Coriar, Imron (protectants): Metal, ma- sonry and wood. DuPont Co., Wilming- ton, DE. • Graffiti Control (protestant): Spray -on paint resistant coating for various sur- faces. Removed by solvent. Graffiti Control Systems, Inc., Tempe, AZ. • G.P. 66 (remover): Removes graffiti, but training required. National Sales & Distributing Co., Baltimore, MD. L: Shenandoah/West Little Havana Homeowners Assn. Submitted into the public record iii corin.^_`tioll V -lt'1 item�cn_ -Z T��ui: iIirai City Clerk I d e Off the Wall Graffiti Rerout r (remover): li Removes many types ot14raffiti, includ- Rod ing paints, crayon, etc. from a variety of surfaces. Mantek, Dallas, TX. e Solvents used to remove graffiti frorn signs can damage the signs' display. Fiber reinforced plastic signs with deep- ly Imbedded displays safeguard against this. EMED Co., Buffalo, NY. *The Miami Board of REALTORS�, neither warrants nor endorses these products. They are merely products that advertise themselves to be "anti -graffiti" and are listed here for your convenience. You may wish to check with your local paint or hardware store. The Miami Board of REALTORSQ, gratefully acknowledges the work of the City of Bal- timore Vandalism Campaign in the listing of many anti -graffiti products. Submitted into the public record /in connccpion ��iih item7'� cn 1V — Hirai City Clerk A public service of 13 REALTORA The Miami Board of REALTORS@ 2050 Coral Way, Miami, Florida 33145 (305) 854-2050 t ?, c ;C record in c,�n ,. � cn AL item 1r ;. Hirai City +Cleric The Miami I-Iomeowners Coalition Coconut Grove Civic Club, Coconut Grove Homeowners and Tenants Association, Coconut Grove Park Homeowners Association, Coral Gate homeowners Association, Coral Nook Iomeowners Association, Afiami Roads Neighborhood Association, Parkdale-Lyndate Ifeights Iomeowners Association, Silver BfuJj homeowners Association, TigeHail Association The Miami Homeowners Coalition encourages the Miami City Commission to adopt an ordinance requiring rapid removal of graFFiti by property owners, with Fines For permitting graFFiti to remain For an extended period. The continued existence of graFFiti encourages Further gang activity which endangers all neighborhoods in the City of Miami. Thank you For your attention to this problem. Sincerely, Adl� , "t,r,6 brace Garrido Ooris Scheer Coral Gate Homeowners Assn. C� � ; Ca ( � '� c_____. Ccral Gate Homeowners Assn. ' cG'iL Jea�TZhemalopoul`os Coral Nook Homeowners Earl Wi gins Miami -Roads Neighborhood Civic Assn. A T. Sinclair Jacobs 3rickell Ouk McBr'de Mari ?o Homeowners Assn. Mia� Roads rr i h orhood Civic �'P1,1 A k (/lp G lu L; H Ir Rr u u u u Shenandoah/West Little Havana Submitted into the public record 111 CUP_17.� �ivi1 L" lill item_ Cn -Z T`. c� IL Hirai City Cleric Assn. Homeowners Assn. 44 Crime Prevention Council Allapattah Sub -Council Brickell Sub -Council CoconutGrove Sub -Council Coral Way Sub -Council Downtown Sub -Council Edison Sub -Council Little Haiti Sub -Council Little Havana Sub -Council Model Cities Sub -Council Northeast Sub -Council Overtown Sub -Council Wynwood Sub -Council CRIME PREVENTION PROGRAM of the City of Miami February 11, 1992. Mayor Xavier Suarez Miami City Hall Miami, Florida Dear Mayor Suarez, The Coral Way Crime Prevention Sub -Council supports the adoption of an ordinance which would require owners to remove graffiti from their properties. The rapid implementation of this ordinance will help reduce the proliferation of youth gang activity in our community. Thank you for your consideration of this issue. Sincerely, i J.C. Fernandez Coral./ -Gate Homeowoers�ssn. Fernando Portuando Coral Gate Homeowners Assn. "LC 'Ct�_ 't JoYn Anderson Miami -Roads Neighborhood Civic Assn. /l.-1" /A) /L) /t/`-,- .0166 Wilkins, Chairperson oral Way Crime Prevention Sub -Council Wilma M. Dick Coral Gate Homeowners 'I Assn. George Dick CoGat Homeowners Assn. E irl Wiggins iag oa s N 'ghb ood Civic Assn. Caridad- mora Parkdale/Ly`ndale 114_r_ tiv�meowners Dan L ow Miami -Roads Neighborhood Civic Assn. 3; 400 N.W. 2 Avenue, Miami, FL 33128 \ CRIME PREVENTION PROGRAM , of the City of Miami Crime Prevention Council February 11, 1992. Allapattah Sub -Council Brickell Sub -Council Commissioner biller Dawkins CoconutGrove Sub -Council Coral Way Sub -Council tliami City Hall Downtown Sub -Council Miami, Florida Edison Sub -Council Little Haiti Sub -Council Dear Commissioner Dawkins, Little Havana Sub -Council Model Cities Sub -Council The City of tiiami Crime Prevention Council urges the Northeast Sub -Council immediate consideration of an ordinance which would overtown Sub -Council Wynwood Sub -Council require the timely removal of graffiti by property owners and set fines for allowing the continued existence of graffiti. The problem of youth gang activity affects every area in our community. If graffiti is not quickly removed it encourages other gang activities. The adoption and implementation of an anti -graffiti ordinance would serve to discourage gang activity. Your attention to this matter will be appreciated. Sincerely, �,.p (— ' , U J,6eAgilkins, Vice Chairperson d"Ay of Miami Crime Prevention Council 228 S.W. 23 Road Miami, Florida 33129 1 .. 400 N.W. 2 Avenue, Miami, FL 33128