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HomeMy WebLinkAboutlegislation SR 3-11-10 SUBsubs fi, fti�e S� , 3 City of Miami City Hall �- 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance o �ztA File Number: 09-01024 Final Action Date: {� y C— t1=�� 0 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF 0. THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED v_; :�e "OFFENSES -MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND E ADDING AUTHORITY FOR THE CITY OF MIAMI TO REMEDY ACTS OF Z w GRAFFITI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN d F EFFECTIVE DATE. v w Cee `nQ7._C.r WHEREAS, the City of Miami ("City") is authorized by Section 806.13, Florida Statutes, 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, Chapter 173 of the Florida Statutes 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; and WHEREAS, under Section 806.13, Florida Statutes, the Florida Legislature has expressed its intent to not preempt municipalities by state law from establishing ordinances that prohibit the marking of graffiti or other graffiti -related offenses. 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 City of Miami Page I of 6 File 1& 09-01024 (Version: 3) Printed On: 3/9/2010 OF- oio2y-��;s/aj;oh SR 3 -11 -10 -SSS File Number: 09-01024 OFFENSES -MISCELLANEOUS THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT Sec. 37-2. Malicious defacement, marking, etc., of real property (a) Notwithstanding any Gita qLty Code provision to the contrary, it shall be unlawful for any person to willfully and maliciously OF 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 public or private property. (GW Notwithstanding any G4 qLty 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. (dcc) Violation of subsections (a) or; (b) aad--(s) of this section shall be punishable as provided by Section 806.13, Florida Statutes (er) 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 iointly 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. (9-0 Whenever the G4 City becomes aware of the existence of graffiti on any property, including structures or improvements within the Gity 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 Qv of Miami Page 2 of 6 File /d. 09-01024 (Version: 3) Printed On: 3/9/2010 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT File Number: 09-01024 touched up with the same or substantially similar color of existing paint ;;AWAr or texture of the original wall, fence, siding or part of the structure afflicted. Persons needing information andler or assistance in curing a graffiti violation may contact the City of Miami Graffiti Mitigation Program. The phone number to the City of Miami Graffiti Mitigation Program shall appear conspicuously in bold numerals on the notice issued pursuant to this subsection for purposes of providing assistance to those who receive such notice. 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 " City of Miami Graffiti Mitigation Program 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. No penalties, fines, or costs shall be imposed on persons owning property, acting as manager or agent for the owner of property, or in possession or control of property who utilize the City of Miami Graffiti Mitigation Program to remove or effectively obscure such graffiti. Persons who request to receive assistance from the Miami Graffiti Mitigation Program and are qualified to receive such assistance but do not receive such assistance shall not be subjected to penalties, fines, or costs pursuant to this section. (tom 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 whiGheveF is later. 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 city City shall present a case to the code enforcement board or Special Master and fines shall be assessed against the property until it comes into compliance. (h) -rhe 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 City ojMiami Page 3 of 6 File id: 09-01024 (Version: 3) Printed On: 3/9/2010 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END 01 THIS DOCUMENT File Number: 09-01024 available appeal hearing before a Special Master. (j) Appeal hearings shall be conducted by a Special Master in accordance with Article X, Section 2-826 of the City of Miami Code. (k) If the property is found guilty by the Special Master, the property owner or designee 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 (fl 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 anx 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) Objection. 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. -rhe 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 objection with the City Manager or designee within thirty (30) days of the date of the final published notice. Such objection shall be effective for one (1) year. A new objection must be filed each year thereafter to preserve the objection. If an obiection 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 objection under subsection (n)(2) and who desires to obscure or remove the graffiti himself shall (i) immediately remove the graffiti or (jj) 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 subject 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 City ojMiami Page 4 of 6 File Id: 09-01024 (Version: 3) Printed On: 3/9/2010 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT File Number: 09-01024 continuing penalties, and actual administrative costs. (p) Such Code Enforcement liens pursuant to this section shall be treated as special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the 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 Chapter 86 of the Florida Statutes, 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 Chapter 173 of the Florida Statutes, 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 by the code enforcement board. When determining 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 any 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) City of Miami Page 5 of 6 File /d. 09-0/024 (Version: 3) Printed On: 3/9/2010 • File Number.' 09-01024 Footnotes: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT {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. City of Mlami Page 6 of 6 File /d. 09-01024 (Version: 3) Printed On: 3/9/2010 SUBSTITUTED ANDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE DE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFE S -MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND ADDING THORITY FOR THE CITY OF MIAMI TO REMEDY ACTS OF GRAFFITI; NTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE D TE. WHEREAS, the City XMiami ("City") is authorized by Florida Statute 806.13 to confront the blight of graffiti within the City; aNd WHEREAS, the City has a pblem with graffiti on properties throughout the City; and WHEREAS, many property own are not voluntarily removing the graffiti; and WHEREAS, graffiti decreases the kperty value of neighboring properties and encourages criminal activity including, but not limited to, gN9 activity; and WHEREAS, the City is authorized to pro ote, protect, and improve the health, safety, and welfare of its citizens and businesses; and WHEREAS, the City is authorized to collect X special assessments service costs which constitute a special benefit to residential and commercial perties; and WHEREAS, Florida Statute Chapter 173 authorizes spial assessments to be treated as liens equal in rank and dignity with the lien of ad valorem taxes and erior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real pro rty involved; and WHEREAS, under Florida Statute Chapter 806.13 the Florid Legislature has expressed its intent to not preempt municipalities by state law from establishing or,, ces that prohibit the marking of graffiti or other graffiti -related offenses. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIO\0THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordi\is 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 amendnded in the following particulars:{1} "CHAPTER 37 City of Miami Page I of 6 File Id: 09-01024 (Version: 2) Printed On: 3/11101 City of Miami American City 3500 Pan Hall merican Drive Miami, FL 33133 Legislation � www.miamigov.com Ordinance File tuber: 09-01024 Final Action Date: ANDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE DE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFE S -MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND ADDING THORITY FOR THE CITY OF MIAMI TO REMEDY ACTS OF GRAFFITI; NTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE D TE. WHEREAS, the City XMiami ("City") is authorized by Florida Statute 806.13 to confront the blight of graffiti within the City; aNd WHEREAS, the City has a pblem with graffiti on properties throughout the City; and WHEREAS, many property own are not voluntarily removing the graffiti; and WHEREAS, graffiti decreases the kperty value of neighboring properties and encourages criminal activity including, but not limited to, gN9 activity; and WHEREAS, the City is authorized to pro ote, protect, and improve the health, safety, and welfare of its citizens and businesses; and WHEREAS, the City is authorized to collect X special assessments service costs which constitute a special benefit to residential and commercial perties; and WHEREAS, Florida Statute Chapter 173 authorizes spial assessments to be treated as liens equal in rank and dignity with the lien of ad valorem taxes and erior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real pro rty involved; and WHEREAS, under Florida Statute Chapter 806.13 the Florid Legislature has expressed its intent to not preempt municipalities by state law from establishing or,, ces that prohibit the marking of graffiti or other graffiti -related offenses. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIO\0THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordi\is 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 amendnded in the following particulars:{1} "CHAPTER 37 City of Miami Page I of 6 File Id: 09-01024 (Version: 2) Printed On: 3/11101 Number: 09-01024 SUBSTITUTED OFFENSES -MISCELLANEOUS Sec. 37-N Malicious defacement, marking, etc., of real property. (a) Notwith nding any city City Code provision to the contrary, it shall be unlawful for any person to willfully and m iously of waeteaty or without the knowledge and consent of the owner to mar, deface, damage or dest by writing, painting or drawing any inscription, figure or mark of any type on toe public or private property. (eb) Notwithstanding any city CCS Code pro ' ion to the contrary, no person shall intentionally deface without authorization of the owner or tenant a private or public premises or property primarily used for religious, educational, residential, memor recreational, charitable, cemetery or utilitarian purposes, or for assembly by persons of a particu race, color, creed or religion, by placing material thereon, including symbols, objects, caricatures, an peltation, a burning cross or a Nazi swastika, or graffiti thereby exposing or tending to expose anothe o risk of violence, contempt or hatred on the basis of race, color, creed or religion. (dc) Notwithstanding any Gity City Code provision to the trary, violation of subsections (a) or, (b) aad(s) of this section shall be punishable by a fine of not mo than $250.00 for a first offense and a fine not to exceed $500.00 for a second or each subsequent o nse or by imprisonment in jail for a term not to exceed sixty 1601 days or by both such fine and impris ment upon conviction thereof. The above penalty may, in the discretion of the court, be waived or subs uted by the performance of such number of hours of community service as deemed proper by the court, of to exceed 100 hours. minor for Payment of all fines. 2 Failure of the parents or legal guardian to make payment will result in tAfiling 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 makeestitution to the victim or the City if the City cures the damage pursuant to Section 37-2(I) for damage r loss caused directly or indirectly by the defendant's offense in a reasonable amount or manner to betermined by the court. City of Miami Page 2 of 6 File Id. 09-01024 (Version: 2) Printed On: 3/2/201 SUBSTITUTED tile Number: 09-01024 In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable wittNhe minor to make such restitution. (fe)\Iddition to any punishment, the court may, in its discretion, order the defendant to perform monimmunity service. (gi} When er the sbecomes aware of the existence of graffiti on any property, including structures or i roveity City within the city Com, a code enforcement officer is authorized, upon such discovery, to giv\thes use to be given, notice to remove or effectively obscure such graffiti within the time period enuin the notice, to the owner, agent or manager who shall cause the graffiti to be removed or effobscured by any means so long as it is completely obliterated, painted or touched up withe or substantially similar color of existing paint and>lef or texture of the original wall, fence, siding or pa of the structure afflicted. Persons needing information aadiG or assistance in curing a graffiti violatio ay contact the ." City of Miami Graffiti Mitigation Proqram. he phone number to the City of Miami Graffiti Mitigation Program shall appear conspicuously in bold umerals on the notice issued pursuant to this subsection for purposes of providing assistance to thos ho receive such notice. Persons not responsible for causing graffiti but responsible for curing it, wh\thef� ord to obliterate, paint or touch up such graffiti with the same color of existing paint of thall, fence, siding or part of the structure affected and who receive paint or assistance from " C� of Miami Graffiti Mitigation Progrterate, paint or touch up graffiti on the property with paint as substantially similar in color rovided to the wall, fence, siding or part of the structure afflicted. 1) No penalties. fines. or costs shall be imoosN on persons ownina orooerty. actino as Graffiti Mitigation Proqram to remove or effectivelApbscure such graffiti. Persons who request to lified to re pursuant to this section. (#g) It shall be unlawful for any person or firm owning prop , acting as manager or agent for the owner of property, or in possession or control of property, to fa o remove or effectively obscure any graffiti from such property within the time period enumerated in the notice, as described in subsect f of this section w#fsbeYeF is Jester. If the person or firm owning such property, acting as manage r agent for the owner of such property, or in possession or control of such property, fails to remove o ffectively obscure the graffiti within the time period enumerated above, the Goy City shall present a c e to the code enforcement board or Special Master and fines shall be assessed against the pr erty until it comes into compliance. City of Miami Page 3 of 6 File Id: 09-01024 (Version: 2) Printed On: 3121201 Number: 09-01024 SUBSTITUTED r has Live Special M IN of the notice to file for an Appeal hearings shall be Nnducted by a Special Master in accordance with Article X Section 2-826 of the City of Miami Code. k If the property is found quilty bAw Special Master the proDerty owner or designee must remove or effectivelv obscure the nraffiti within Ne time neriod ordered by the Snecial Master. time period referred to in subsection k whi ever is later, the City Manager or designee shall cause corrective action to take place at the ro erto ers expense. m The City Manager or designee shall haveth ri ht to enter upon pdvate property to the extent necessary to take corrective action. No person s II obstruct impede, or interfere with the Cit Manager or designee whenever the City Manager or esi nee is engaged in the work of corrective action pursuant to this section or in performing any necksary act preliminary to or incidental to such work pursuant to this section. Entry into any dwelling or st cture is expressly rohibited. n Public Right -of -Way. Whenever the CitV becomes \are of the existence of graffiti on an property, including any structure or improvement, that abuts theublic right-of-way within the City, the City Manager or designee is authorized to immediately remove or Nscure such graffiti. 1 Definition. For purposes of subsection n of this section roe that abuts the u! l right-of-way shall only be property that is easily accessible to the Cit na er or designee and does not substantially encroach on private property. 2 Objection. Property owners are hereby put on notice of the re uireme of this section and the City's intention to immediately remove or obscure graffiti placed on walls buildiAcs, and other surfaces that abut the public ri ht-of-wa . The City shall publish notice of this section o e during each week for four 4 consecutive weeks in a local newspaper pursuant to Chapter 50 of t Florida Statutes. Any propeityowner who objects to graffiti being removed or obscured on prODerty %uttingthe public right-of-wayNght-of-way shall file a statement of ob"ection with the CitV Manager or designee withi hirt30 da s of the date of the final published notice. Such objection shall be effective for one (IINlear. Anew objection must be filed each year thereafter to preserve the objection. If an objection X filed by a orooerty owner. subsection (n) of this section shall not anoly to that oronertv owner's oro rtv. The City of MMaMi Page 4 of 6 File Id. 09-01024 (Version: 2) Printed On. 3/11201 SUBSTITUTED Number: 09-01024 Aoertv owner who objects pursuant to this subsection shall still be subject to the remaining su ctions of this section. 3 tice. The appearance of graffiti on a wall building, or other surfaces abutting the public right -of -Ay shall serve as notice to the property owner that the graffiti is subject to being obscured or removed b he City. Any propertyowner who has not filed an objection under subsection (n)(2) and who desiresN obscure or remove the graffiti himself shall i immediately remove the graffiti or(ii) notify the Ci na er or designee immediately of his intention to remove or obscure the graffiti within forty-eight (48) Ntirg. Graffiti not removed or obscured within fortv-eight (48) hours is subiect to o After taking corre 've action including any corrective action taken on property abutting the public Baht-of-wav pursuant to bsection (n) of this section. the Citv Manager or designee shall file a Code liens against the subject real pro and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad Norem taxes and shall be superior in rank and dignity to all other liens encumbrances titles and claim 'n to oragainst the real property involved. The maximum rate of interest allowable by law shall accrueX such delinquent accounts. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Cok and recorded in the public records of Miami -Dade County, Florida. Once recorded such lien shall cXnstitute a lien against the property on which the gEqn existed and upon any other real or personal Xoperty owned by the Property owner. Such liens shall be enforced by any of the methods ProvidedXv Florida Statute Chapter 86 or, in the alternative foreclosure proceedings maV be instituted and p ecuted under the provisions applicable to practice, pleading, and procedure for the foreclosure of morlNges on real estate set forth in Florida Statutes or may be foreclosed pursuant to Florida Statute Ch er 173 or the collection and enforcement of payment thereof may be accomplished by any other Nthod authorized by law. The property owner shall pay all costs of collection including reasonable aftXnev fees incurred in the collection of fees service charges, penalties, and liens imposed by virtue of t section. ra) Alternativelv. code enforcement oroceedinas pursuant to anter 2. Article X of the Citv of Miami a violation of paragraph above shall be punished by a fine as determ ed bv the code enforcement board. When determining the amount of fine to impose, the code enforc ent board shall consider the efforts taken by the violator, if any, to remove or effectively obscure the ub'ect graffiti in a time) manner and how often the violator has been victimized by graffiti during the 0*ceding calendar vear. The provisions of this section shall not apply to a property owner manager, nt or possessor or property if, in the sole determination of the city manager or designee, or the code nforcement board such property owner, agent, manager, or possessor has been victimized two 2 r more times b raffiti within any calendar year, and during such time has removed or effectivelNobscured such graffiti from the property in a timely manner. s The City may institute a civil action in a court of competent jurisdiction to recoverco ensato and punitive damages, includina reasonable costs and expenses. for anv damage c sed to City of Mianzi Page S of 6 File Id. 0941024 (Version: 2) Printed On: 312.12010 SUBSTITUTED File Number: 09-01024 %ty.-owned property located within the city limits of Miami as a result of violations of subsection (a) or Sectio 3. if any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared inva , the remaining provisions of this Ordinance shall not be affected. Section 4. T adoption thereof.(2) APPROVED AS TO JULIE O. BRU CITY ATTORNEY Footnotes: Ordinance shall become effective thirty (30) days after final reading and CORRECTNESS: (1) Words/and or figures stricken through shall be del d. Underscored words and/or figures shall be added. The remaining provisions are now in effect d remain unchanged. Asterisks indicate omitted and unchanged material. {2) This Ordinance shall become effective as specified herei nless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor oes this Ordinance, it shall become effective immediately upon override of the veto by the City Co ission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File Id: 09-01024 (Version: 2) Printed On: