HomeMy WebLinkAboutLegislation 12-10-09's
City of Miami
Legislation
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Ordinance
File Number: 09-01024
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES - MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND
ADDING AUTHORITY FOR THE CITY TO REMEDY ACTS OF GRAFFITI;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City") is authorized by Florida Statute 806.13 to confront the
blight of graffiti within the City; and
WHEREAS, the City has a problem with graffiti on properties throughout the City; and
WHEREAS, many property owners are not voluntarily removing the graffiti; and
WHEREAS, graffiti decreases the property value of neighboring properties and encourages
criminal activity including, but not limited to, gang activity; and
WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and
welfare of its citizens and businesses; and
WHEREAS, the City is authorized to collect as special assessments service costs which
constitute a special benefit to residential and commercial properties; and
WHEREAS, Florida Statute Chapter 173 authorizes special assessments to be treated as liens
equal in rank and dignity with the lien of ad valorem taxes and superior in rank and dignity to all other
liens, encumbrances, titles and claims in, to or against the real property involved;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is amended in
the following particulars:{1}
"CHAPTER 37
OFFENSES - MISCELLANEOUS
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File Number.- 09-09024
Sec. 37-2. Malicious defacement, marking, etc., of real property.
(a) Notwithstanding any cAy City Code provision to the contrary, it shall be unlawful for any person to
willfully and maliciously OF WaRteRly 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
,
public or private property.
(b) Notwithstanding any Gity Code provision to the rentFary, it shall be unlawful for any per -son wilfully
,
pFivate pFepeFty*, OF UPGR aRy wall GF appuFtenaRGe th8Feef, aRy paiRt, felt tip, indelible MaFker, Grayap,
(sb) Notwithstanding any Goy City Code provision to the contrary, no person shall intentionally deface
without authorization of the owner or tenant any private or public premises or property primarily used
for religious, educational, residential, memorial, recreational, charitable, cemetery or utilitarian
purposes, or for assembly by persons of a particular race, color, creed or religion, by placing material
thereon, including symbols, objects, caricatures, an appellation, a burning cross 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.
(dc) Notwithstanding any 64 City Code provision to the contrary, violation of subsections (a) or- (b)
and (s) of this section shall be punishable by a fine of not more than $250.00 for a first offense and a
fine not to exceed $500.00 for a second or each subsequent offense or by imprisonment in jail for a
term not to exceed 60 days or by both such fine and imprisonment upon conviction thereof. The above
penalty may, in the discretion of the court, be waived or substituted by the performance of such
number of hours of community service as deemed proper by the court, not to exceed 100 hours.
(1) In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the
minor for payment of all fines.
(2) Failure of the parents or legal guardian to make payment will result in the filing of a lien on the
parents or legal guardian's property to include the fine and administrative costs.
(ed) In addition to any punishment, the court shall order the defendant to make restitution to the
victim or the City if the City cures the damage pursuant to Section 37-2(I) for damage or loss caused
directly or indirectly by the defendant's offense in a reasonable amount or manner to be determined by
the court.
In the case of a minor, the parents or legal guardian shall be ordered iointiv and severally liable
with the minor to make such restitution.
(fe) In addition to any punishment, the court may, in its discretion, order the defendant to perform
monitored community service.
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File Number 09-01024
(gf) Whenever the c,4y City becomes aware of the existence of graffiti on any property, including
structures or improvements within the city Com, a code enforcement officer is authorized, upon such
discovery, to give, or cause to be given, notice to remove or effectively obscure such graffiti within the
time period enumerated in the notice, to the owner, agent or manager who shall cause the graffiti to be
removed or effectively obscured by any means so long as it is completely obliterated, painted or
touched up with the same or substantially similar color of existing paint and/9 or texture of the original
wall, fence, siding or part of the structure afflicted. Persons needing information andiG or assistance
in curing a graffiti violation may contact the Me#epel Miami -Dade County "graffiti hotline." Persons
not responsible for causing graffiti but responsible for curing it, who cannot afford to obliterate, paint or
touch up such graffiti with the same color of existing paint of the original wall, fence, siding or part of
the structure affected and who receive paint or assistance from the Metr$pelitaA Miami -Dade County
agency known as "graffiti hotline" shall obliterate, paint or touch up graffiti on the property with paint as
substantially similar in color as can be provided to the wall, fence, siding or part of the structure
afflicted.
(log) It shall be unlawful for any person or firm owning property, acting as manager or agent for the
owner of property, or in possession or control of property,, to fail to remove or effectively obscure any
graffiti from such property within
the time period enumerated in the notice, as described in subsection (f) of this section w#iGhever +s
. If the person or firm owning such property, acting as manager or agent for the owner of such
property, or in possession or control of such property, fails to remove or effectively obscure the graffiti
within the time period enumerated above, the eity City shall present a case to the code enforcement
board and fines shall be assessed against the property until it comes into compliance.
(h) The property owner has five (5) business days from receipt or posting of the notice to file for an
appeal hearing before a Special Master.
(i) The appeal hearing referenced in subsection (h) of this section shall be scheduled for the first
available appeal hearing before a Special Master.
(i) Appeal hearings shall be conducted by a Special Master in accordance with Article X Section
2-826 of the City of Miami Code.
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(h) The property owner has five (5) business days from receipt or posting of the notice to file for an
appeal hearing before a Special Master.
(i) The appeal hearing referenced in subsection (h) of this section shall be scheduled for the first
available appeal hearing before a Special Master.
(i) Appeal hearings shall be conducted by a Special Master in accordance with Article X Section
2-826 of the City of Miami Code.
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File Number 09-01024
(k) If the property is found quilts by the Special Master, the property must remove or effectively
obscure the graffiti within the time period ordered by the Special Master.
(1) If the property continues to be in violation after the time period referred to in subsection (f) or the
time period referred to in subsection (k), whichever is later, the City Manager or designee shall cause
corrective action to take place at the property owner's expense.
(m) The City Manager or designee shall have the right to enter upon private property to the extent
necessary to take corrective action. No person shall obstruct, impede, or interfere with the City
Manager or designee whenever the City Manager or designee is engaged in the work of corrective
action pursuant to this section or in performing any necessary act preliminary to or incidental to such
work pursuant to this section. Entry into any dwelling or structure is expressly prohibited.
(n) Public Right -of -Way. Whenever the City becomes aware of the existence of graffiti on any
Property, including any structure or improvement, that abuts the public right-of-way within the City, the
City Manager or designee is authorized to immediately remove or obscure such graffiti.
(1) Definition. For purposes of subsection (n) of this section, property that abuts the public
right-of-way shall only be property that is easily accessible to the City Manager or designee and does
not substantially encroach on private property.
(2) Obiection. Property owners are hereby put on notice of the requirements of this section and the
City's intention to immediately remove or obscure graffiti placed on walls, buildings, and other surfaces
that abut the public right-of-way. The City shall publish notice of this section once during each week
for four (4) consecutive weeks in a local newspaper pursuant to Chapter 50 of the Florida Statutes.
Any property owner who objects to graffiti being removed or obscured on property abutting the public
right-of-way shall file a statement of obiection with the City Manager or designee within thirty (30) days
of the date of the final published notice. Such obiection shall be effective for one (1) year. A new
objection must be filed each year thereafter to preserve the objection. If an objection is filed by a
property owner, subsection (n) of this section shall not apply to that property owner's property. The
property owner who objects pursuant to this subsection shall still be subject to the remaining
subsections of this section.
(3) Notice. The appearance of graffiti on a wall, building, or other surfaces abutting the public
right-of-way shall serve as notice to the property owner that the graffiti is subject to being obscured or
removed by the City. Any property owner who has not filed an obiection under subsection (n)(2) and
who desires to obscure or remove the graffiti himself shall (i) immediately remove the graffiti or (ii)
notify the City Manager or designee immediately of his intention to remove or obscure the graffiti within
forty-eight (48) hours. Graffiti not removed or obscured within forty-eight (48) hours is subiect to
removal by the City Manager or designee.
(o) After taking corrective action including any corrective action taken on property abutting the public
right-of-way pursuant to subsection (n) of this section the City Manager or designee shall file a Code
Enforcement lien in the amount of all expenses incurred in correcting the condition including all fines
continuing penalties, and actual administrative costs.
(p) Such Code Enforcement liens shall be treated as special assessment liens against the subject
real property, and until fully paid and discharged, shall remain liens eaual in rank and dionity with the
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File Number.' 09-01024
lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances,
titles, and claims in, to, or against the real property involved. The maximum rate of interest allowable
by law shall accrue to such delinquent accounts. Notice of such lien shall be filed in the Office of the
Clerk of the Circuit Court and recorded in the public records of Miami -Dade County, Florida. Once
recorded, such lien shall constitute a lien against the property on which the graffiti existed and upon
any other real or personal property owned by the property owner. Such liens shall be enforced by any
of the methods provided by Florida Statute Chapter 86 or, in the alternative, foreclosure proceedings
may be instituted and prosecuted under the provisions applicable to practice, pleading, and procedure
for the foreclosure of mortgages on real estate set forth in Florida Statutes, or may be foreclosed
pursuant to Florida Statute Chapter 173, or the collection and enforcement of payment thereof may be
accomplished by any other method authorized by law. The property owner shall pay all costs of
collection, including reasonable attorney fees, incurred in the collection of fees, service charges,
penalties, and liens imposed by virtue of this section.
(g) Alternatively, code enforcement proceedings pursuant to Chapter 2 Article X of the City of Miami
Code may be brought against the property upon which the graffiti exists.
(r) If code enforcement proceedings are initiated, any person or firm owning property, acting as agent
or manager for the owner of such property, or in possession or control of such property, who commits
a violation of paragraph (g) above, shall be punished by a fine as determined bV the code enforcement
board. In deciding the amount of fine to impose, the code enforcement board shall consider the efforts
taken by the violator, if any, to remove or effectively obscure the subject graffiti in a timely manner and
how often the violator has been victimized by graffiti during the preceding calendar year. The
provisions of this section shall not apply to a property owner, manager, agent, or possessor or property
if, in the sole determination of the city manager or designee, or the code enforcement board such
property owner, agent, manager, or possessor has been victimized two (2) or more times by graffiti
within any calendar year, and, during such time, has removed or effectively obscured such graffiti from
the property in a timely manner.
(s) The City may institute a civil action in a court of competent jurisdiction to recover compensatory
and punitive damages, including reasonable costs and expenses for anV damage caused to
city -owned property located within the city limits of Miami as a result of violations of subsection (a) or
(b) of this section.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. SRU f f
CITY ATTORNEY V
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File Number: 09-01024
Footnotes;
(1) Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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