HomeMy WebLinkAboutO-12983City of Miami
Legislation
Ordinance: 12983
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00937a Final Action Date: 4/10/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "ZONING AND
PLANNING," TO CREATE A NEW ARTICLE XIII, CONSISTING OF SECTIONS
62-601 THROUGH 62-617 TO BE ENTITLED "MURAL REGULATIONS;" CREATING
DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT
REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL
PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Commission of the City of Miami (the "City Commission") has determined that
certain blank walls and unoccupied buildings would be aesthetically enhanced by the display of art or
graphics on walls within certain commercial and special districts within the City of Miami (the "City")
and in so doing the City will promote quality of life to better protect the City's citizens from visual blight
and pollution; and
WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 07-61
on April 26, 2007 (the County Ordinance") authorizing the display of art or graphics on buildings and
walls within certain commercial and special districts in the City; and
WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for
the control of the display of art or graphics on buildings and walls within certain commercial and
special districts in the City; and
WHEREAS, it is determined that the prominent display of large outdoor advertisements in the
commercial and industrial Urban Core areas of Miami, as defined by Miami -Dade County, was a
predominant and customary use up to and including 1972, and that permitting wall murals as
designated in this ordinance is consistent with such customary use and the intent of the Highway
Beautification Act of 1965; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City and its citizens to amend the Code of the City of
Miami (the "City Code") as hereinafter set forth;
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 by
reference and incorporated herein as if fully set forth in this Section.
City of Miami
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Section 2. Chapter 62 of the City Code entitled "Zoning and Planning" is amended by creating a
new Article XIII, consisting of Sections 62-601 through 62-617, to be entitled "Mural Regulations," in
the following particulars:{1}
"Chapter 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL
PERMIT REQUIRED
Section 62-601. Purpose of sign regulations; applicability; criteria.
Intent
It is the intent of the City Commission that the display of art or graphics on buildings and walls be
permitted within certain commercial and special districts of the City in order to aesthetically enhance
otherwise blank walls and unoccupied buildings and that the funds generated by permits issued with
respect to such displays be utilized to ensure quality of life and prevention of visual clutter or blight.
The procedures established in this Article will allow for the pre -qualification of applicants to display
art or graphics on buildings and walls. Once qualified, such pre -qualified applicants will be allowed to
file for a Class I Special Permit (the "Mural Permit").
Mural Permits will be issued by the City Zoning Administrator upon their determination that the
applicant has complied with the criteria set forth in this Article, including the payment of all required
fees and contributions. To the extent permissible by law all fees and contributions received by the
City pursuant to the terms of this Article shall be used to promote quality of life by regulating all
murals to ensure that the City's residents are not exposed to visual blight or clutter.
Upon the award of a Mural Permit by the City Zoning Administrator, the holder of such a Mural
Permit shall be allowed to obtain all required building permits. Changes in art work or other relevant
copy (including text or commercial messages) will only be permitted upon the approval of a
subsequent permit for a change of copy.
Strict compliance with the provisions of this Article must be maintained during the term of the
Mural Permit. Failure of the holder of a Mural Permit to remain in compliance with the terms of this
Article shall result in the revocation of all its Mural Permit and the forfeiture of the right to apply for
any subsequent Mural Permit(s).
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62-602. Definitions
For the purpose of this Article, the following definitions shall apply:
Affiliate is any person who is an owner, shareholder, member, partner, agent, officer or director of an
applicant seeking to be qualified by the City Zoning Administrator to apply for a Mural Permit pursuant
to this Article.
Applicant is any person or entity who, pursuant to Section 62-603, is seeking to be qualified by the
City Zoning Administrator to apply for a Mural Permit pursuant to this Article.
Commercial Message includes a trademark, commercially recognized display, copyright or service
mark of a sponsor, including any text or logos or representation of the name or commercial product,
trademark or service mark of the sponsor; such commercial message may be of offsite products or
businesses as applicable to the sponsorship.
Copy Change Application is an application by the holder of a Mural Permit to change the Mural
Face.
Geographical Area is the area described in Exhibit "A" attached hereto and incorporated herein by
reference.
Government -owned building is any building owned by the United States Government, the State of
Florida (the "State"), Miami -Dade County (the "County"), the Miami -Dade School Board, the City, any
dependent or independent special tax district, or any agency of any of the foregoing governments.
Licensee is any person or entity who holds or obtains or has been issued a State of Florida License
for Outdoor Advertising.
Location Change Application is an application by the holder of a Mural Permit to change the
location of a previously approved Mural Permit.
Lottery is the process described in Section 62-605 for the approval of Mural Permits. The initial
Lottery date is May 12, 2008.
Mural is a painting or artistic work (including collage effects) composed of pictures or arrangements of
color which may have a limited commercial sponsorship message, advertises a commercial product
and which is made directly onto, projected onto or attached to a building or a wall.
Mural Face is the entire face of the Mural including all text, artwork, and Commercial Messages
incorporated into a Mural.
Permittee is a person or entity who is the holder of an approved Mural Permit.
Qualified Applicant is any person or entity who, pursuant to Section 62-603, has been qualified by
the City Zoning Administrator to apply for a Mural Permit and is not an Affiliate of another Qualified
Applicant.
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Small Business Enterprise is a business enterprise that qualifies as a small business enterprise
pursuant to applicable state and federal laws and the rules and regulations of Miami -Dade County,
as amended from time to time.
Wall is the exterior surface of a building capable of being occupied, including surfaces free of
windows or devoid of occupants behind the area where the Mural is to be placed. Surfaces
constructed on roof tops (other than a roof parapet) shall not be considered Walls for purposes of this
Article.
Notwithstanding anything herein to the contrary, subject to the conditions listed below and the written
permission of the City Zoning Administrator, Murals will be permitted to be placed on Walls with
windows of commercial buildings only, and on the exterior Walls of a parking garage or a parking
pedestal provided that such Murals: (I) are not directly facing residential units; (ii) are made of
perforated vinyl mesh or adhesive backed and are transparent to the occupants of the commercial
building, (iii) do not prevent the opening of windows intended to be opened, and (iv) do not prevent
ingress and egress. In no event, may a Mural be placed so as to cover any residential units, including
residential liners.
62-603. Qualified Applicants; Procedure for Application; Requirements.
An applicant shall submit an application to the City Zoning Administrator for the purposes of
qualifying said Applicant as a Qualified Applicant by May 6, 2008. Such application shall include the
following:
(a) The name, address, phone number and other pertinent information of the
Applicant, and if the Applicant is an entity, such as a corporation, limited liability
company, or partnership, the names and business addresses of the principal
officers, managers, and other persons who own more than five percent (5%) of
the entity; and,
(b) Payment of a non-refundable, pre -qualification administrative fee in the amount of
Five Hundred Dollars ($500); and,
(c) Payment in full and delivery to the City Finance Director of a pre -qualification fee in
the amount of Ten Thousand Dollars ($10,000) (the "Qualification Fee").
Payment must be made by cashier's check, certified check or United States
Postal money order. The Qualification Fee shall be refunded to the Applicant if
the City Zoning Administrator determines that the Applicant does not qualify as
a Qualified Applicant; and
(d) Proof, reasonably satisfactory to the City of Miami Risk Management Administrator,
that the Applicant has (and can maintain at all times) public liability insurance in
the amount of Three Million Dollars ($3,000,000); and,
(e) Proof in the form of a signed affidavit(s) stating that the Applicant or in the case of
an entity, that a majority of the Applicant's principal officers or managers (each
of whom shall submit a signed affidavit) has or have had experience in the
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outdoor advertising industry for a minimum of five (5) years prior to the date of
application; and,
fl Proof in the form of copies of all required City and County business tax receipts,
evidencing the fact that the Applicant has an office or local presence within the
City to ensure an immediate response in the event of an emergency; and,
(g) Proof in the form of copies of a memorandum of lease sworn to by affidavit which
indicates relevant information regarding control of the Mural site and which
shows that the Applicant or its Affiliate has executed and enforceable leases for
a minimum of five (5) Mural sites within the Geographic Area; and
(h) Proof that the Applicant had gross revenue of at least Two Million Dollars
($2,000,000) in the outdoor advertising industry during each of the three (3)
years preceding the date of the application; and,
Proof that the Applicant is in good standing with the City and the County for any
pending code enforcement matters related to Mural violations. No individual,
business, building owner, or Affiliate of an individual, business or building owner
may apply for a Mural Permit if that person or entity has displayed a Mural
within fifteen (15) calendar days, beginning on April 20, 2008, in which event,
the site, building, or entity will be precluded from participating in the Lottery.;
and,
(j) Proof that Applicant will post a bond or letter of credit in the amount of Five
Hundred Thousand Dollars ($500,000) in a form reasonably acceptable to the City
Risk Management Administrator, at the time of issuance of the Mural Permit. The
City shall be authorized to collect on the bond or letter of credit in the event the
Permittee is found to be in non-compliance with any provision of this Article and
any fines assessed in respect of such non-compliance are not paid within thirty (30)
days of the assessment or if the City is required to send personnel to ensure
compliance with any provision of this Article. The City shall be authorized to collect
against the bond or letter of credit all fees, fines, and penalties; together with
expenses incurred by it with respect to such personnel, including, but not limited
to, the costs associated with the investigation and determination of the violation;
(k) Proof that the Applicant has contracted with one or more Small Business
Enterprise(s) (as a consultant, joint -venture partner, vendor or otherwise) to which
ten percent (10%) or more of the Applicant's operating expenses would be paid in
the event the Applicant is approved as a Qualified Applicant and obtains a permit
for a Mural and that the Applicant consents to submitting financial records
demonstrating compliance with this provision; and
(I) Proof that the Applicant is a Licensee.
An individual, business, building owner or Affiliate of an individual, business, or building owner
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may not apply for a Mural Permit if that person or entity has failed to fully resolve and close (without
mitigation) any notice of violation or open code enforcement matter of any section of the City Code or
Zoning Ordinance 11000, as amended (the "Zoning Ordinance") prior to the submission of the
application for participation in the Lottery. Furthermore, if a prospective site or building has displayed
a Mural or outdoor advertising sign in violation of the Zoning Ordinance within five (5) years prior to
the date of the Lottery, the Qualified Applicant shall tender, as a result of such non-compliance, a
partially refundable fee in the amount of three (3) times the Qualification Fee, of which Ten Thousand
Dollars ($10,000) may be refunded if the application is not approved.
Unless otherwise indicated, all proof required to be submitted by this Section 62-603 may be in
the form of an affidavit signed by the Applicant or a duly authorized representative of the Applicant.
Upon the submission of all items required to be submitted under this Section 62-603, the City Zoning
Administrator shall review and approve or deny, no later than thirty-(30) days of its submission, the
Applicant's application for qualification as a Qualified Applicant. If the application is denied, the City
Zoning Administrator shall advise the Applicant in writing of the reasons for the denial of the
application. The Applicant must cure all defects prior to May 9, 2008.
62-604. Mural Permit Required; Application for a Mural Permit by a Qualified Applicant
Murals may not be erected, hung, placed, posted, painted, displayed, or maintained in the City
except as provided by this Article . The City shall issue no more than thirty-five (35) Mural Permits at
any one time; however, no more than twenty (20) Mural Permits may be issued at any one time and in
any one City of Miami Commission District. An applicant shall submit to the City Zoning Administrator
a single permit application listing each and every site sought to be permitted.
A Qualified Applicant's permit application shall contain the following for each site sought to be
permitted:
(a) Dimensioned elevation drawing and photo of the Wall where the Mural is to be
located.
(b) A colored drawing or colored computer simulation depicting the Mural Face.
(c) Two photographs or two computer simulations depicting the Wall and the Mural
superimposed on the Wall.
(d) A certified spacing survey showing compliance with this Article, if applicable.
Copy of the City's Zoning Atlas where the Mural is to be located.
fl Payment of a non-refundable administrative fee in the amount of Five Hundred
Dollars ($500).
(q) A memorandum of lease, sworn to by affidavit, of an executed and enforceable
lease for the site sought to be permitted.
(h) The address and the folio number of the subject building and the specific Wall on
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the building upon which the Mural would be attached.
(i) Proof that the building address of the Wall in question does not have any
outstanding civil violations of the City Code.
a Moved to 62.605 letter (i)
62-605. Approval Process for Permit.
The following shall be the procedure followed for the approval of a Mural Permit:
Oj The City Zoning Administrator shall notify each Qualified Applicant of the date and
time of all Lottery rounds. There shall be one Lottery for each round of
approvals commencing with the highest priority site submitted by each Qualified
Applicant. The number of rounds scheduled shall equal the greatest number of
lease sites submitted in any single application.
�) Each Qualified Applicant will receive one (1) assigned number through the Lottery
process for each round.
Each Qualified Applicant may only submit one (1) application which shall include
each distinct Wall sought to be permitted. If more than one (1) permit is sought,
the Qualified Applicant shall list the Walls sought to be permitted.
An Affiliate of a Qualified Applicant shall not be an Affiliate of another Qualified
Applicant.
For each round, the City Zoning Administrator shall review each Qualified
Applicant's site in the order of assigned number pursuant to the Lottery for each
specific round. At the end of the selection made at each round, a qualified
applicant may reprioritize the list of sites.
fl In the numerical order assigned to each Qualified Applicant for a given round, the
City Zoning Administrator shall review the first priority site for each Qualified
Applicant and shall conditionally approve sites meeting the required criteria.
Thereafter, the City Zoning Administrator shall, in the numerical order assigned
to each Qualified Applicant for the immediate subsequent round, review for
conditional approval a site listed by the Qualified Applicants and so on.
(g) In the event that a site is determined to not meet the required criteria, the next
eligible site in the Qualified Applicant's list, if any, shall be reviewed for
conditional approval.
Locations will be approved until a maximum of thirty-five (35) sites have been
approved.
Proof that each individual Wall sought to be permitted exists and is fully built, and
that the Wall has not been used to display a Mural since April 20, 2008.
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The City Zoning Administrator shall advise Qualified Applicants of the contingent
approval of an application for a Mural Permit, and shall refer all such Mural
applications to the County for their determination of compliance with the County
Ordinance. Upon receipt by the City Zoning Administrator of notice from the
County confirming compliance with the County Ordinance, and the payment of
all applicable fees for each conditionally approved application, the City Zoning
Administrator shall issue a Mural Permit for each approved site within thirty (30)
days from receipt of such notice from the County.
(k) Mural Permits shall be granted to the Qualified Applicants only in accordance with
the procedures set forth in this Section 62-605.
(I)
Mural Permits will be issued on June 13, 2008, provided that the applicant
provides proof that all Murals have been removed since April 20, 2008.
62-606. Criteria for Issuing a Mural Permit.
As part of the review and qualification process, the City Zoning Administrator shall apply the
following criteria:
(a) Geographical Area. No more than thirty-five (35) Mural Permits may be issued
and outstanding at any one time. Murals Permits shall only be issued within the
Geographical Area.
j) Zoning Districts. Murals shall only be permitted within the following zoning
districts: C-1, C-2, CBD, Gil, I, SD-6, SD-6.1, SD-7, SD-15, SD-4.1, SD-16 and
SD-16.1, as described in the Zoning Ordinance, or the equivalent zoning
category under the proposed Miami 21 Zoning Ordinance. Murals outside
these zoning districts shall be in violation of the City Code and Ordinances.
(c) Spacing between Murals and Number of Murals Allowed Per Building. A Mural
shall not be located within three hundred (300) feet of another legally permitted
Mural oriented towards the same side of the street. The distance shall be
measured in a straight line from the closest edge of the Mural sign on one
building to the closest edge of the Mural sign on the other building. The
spacing requirement provided herein shall not apply within the City Park West
Entertainment District.
If two (2) Murals are permitted for any one building, they must be on different
sides of the building and each such Mural shall be required to obtain a separate
Mural Permit for each street front. This Section shall not preclude a Mural on
one (1) building which is continuous on two (2) sides of the building, commonly
referred to as a wrap -around Mural. A wrap -around Mural shall be counted as
one (1) Mural for purposes of fees and the maximum number of Mural Permits
which may be issued pursuant to this Article.
(d) Spacing from Single Family Residential District. The distance of a Mural located
on any building shall be calculated by measuring the distance of the Mural at
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ground level to the property line of any parcel designated as R-1or R-2. A
Mural shall not be located on a Wall that is within three hundred (300) feet of
any property zoned R-1 or R-2 or one hundred (100) feet from any
non -conforming single family or duplex residential property.
(e) Size. Murals shall be allowed to cover up to eighty percent (80%) of a Wall, or
thirty-three percent (33%) of a Wall if the Mural covers windows. In any event,
a Mural may not be greater than Ten Thousand (10,000) square feet.
(f) Commercial Message. The Mural Face shall be predominantly pictorial with
text limited to no more than fifteen percent (15%) of the Mural Face.
(g) Illumination. The illumination of a Mural shall only be by indirect lighting, and shall
only be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to
midnight Day Light Savings Time, and only in accordance with Miami -Dade
County Code Sections 33-46 and 33-107, as amended.
(h) Location. Murals shall be placed only on Walls.
((i) Public Safety. Murals Faces shall not have any moving or animated parts, or
any other electronic movements, and shall not be illuminated in such a manner
so as to cause glare or to impair the vision of motorists or otherwise distract
motorists and interfere with their ability to safely operate their vehicles. Murals
shall also comply with all applicable laws, rules and regulations of the Federal,
State and County governments; and in addition, any proposed amendment to
this Article shall be consistent with plcable Federal, Stat and County laws and
ordinances in effect at the time of such amendment.
In the event the National Hurricane Center issues a Hurricane Warning to the
County, the Permittee shall remove all Murals within 24 hours of the issuance of
a Hurricane Warning. In the event a Mural is not so removed, enforcement
proceedings shall immediately commence pursuant to Section 62-612.
Adult Content. Adult content, as defined in the Zoning Ordinance, shall be
prohibited on Murals.
Unoccupied Buildings. A Mural shall not be permitted on an unoccupied
building that does not possess a valid City Certificate of Occupancy or
Certificate of Use or on a building that does not possess a forty (40) year
certification, if applicable.
Term. The initial term of a Mural Permit issued pursuant to this Article shall expire
upon the expiration date of the County Ordinance. Should the expiration date
of the County Ordinance be extended or should the County approve a new
ordinance to replace the County Ordinance, the City Commission, at its
discretion, reserves the right to extend the term of all Mural Permits then issued
and outstanding or issue new Mural Permits in accordance with the procedures
set forth in this Article.
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62-607. Permit Participation Fees, Permit Renewal Fees, and Contributions to Trust Fund.
The Permittee shall pay a permit fee equal to One Dollar ($1) per square foot of Mural Face for
each Mural Permit; which fee shall, in no event, be less than Forty Eight Thousand Dollars ($48,000)
or greater than One Hundred Twenty Thousand Dollars ($120,000) per annum (the "Permit Fee").
The Permit Fee shall be due and payable, in its entirety, prior to the installation of the Mural, but, in
any event, no later than thirty (30) days after receipt of a Mural Permit. The Permit Fee is in addition
to any non-refundable fees charged pursuant to this Article. Late payments shall accrue interest at
the rate of eighteen percent (18%) per annum until paid.
62-608. Approval by the City Zoning Administrator.
The City Zoning Administrator shall be responsible for the approval of all Mural Permits. The City
Zoning Administrator may approve, approve with modifications, or deny a permit application upon a
finding that the application does or does not meet the applicable criteria set forth in this Article.
The City Zoning Administrator shall keep an updated map and photos depicting the locations of all
approved Mural Permits.
A Permittee shall have one hundred twenty (120) from the issuance a Mural Permit to install a
Mural at the approved site. Should the Permittee fail to install the permitted Mural within one hundred
twenty (120)_days period, the City Zoning Administrator shall rescind the Mural Permit.
62-609. Copy Change and Location Change Applications
(a) Copy Change Application. An annual copy change fee of Six Thousand ($6,000)
shall be paid for each permit. Thereafter, a Permittee may change the Mural
Face by filing a Copy Change Application and paying related fees. Such
application shall be submitted to the City Zoning Administrator and include the
following:
A colored drawing or colored computer simulation depicting the Mural Face.
ii Two photographs or two computer simulations depicting the Wall and the
Mural superimposed on the Wall.
The City Zoning Administrator shall, within five (5) business days after receipt of the Copy Change
Application, have the opportunity to deny with written notice. A Copy Change Application that is not
denied in the time provided shall be deemed an approval. A written denial shall be provided to the
Permittee indicating the reasons for the denial. The City Zoning Administrator shall not approve a
change to the Mural Face if such approval results in an increase of any of the linear dimensions of
the previously permitted Mural Face.
(b) Location Change Application. A Mural Permit shall be transferable to a new
location only if the Permittee submits a Location Change Application and such
application are approved by the City Zoning Administrator. The City Zoning
Administrator shall approve such application only if:
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the location change is for cause, which shall be limited to:
(x) the lease for the location of the Mural Permit is cancelled due to
circumstances not within the Permittee's control or that were not
reasonably foreseeable to the Permittee when it submitted its
permit application or the lease is not renewed upon the natural
expiration of the term of the lease; or
(y) the building or structure where the Mural is located is demolished,
sold, destroyed, or renovated; or
(z) an intervening building or structure is constructed which substantially
diminishes the visibility of the Mural.
ii the new location for the Mural is approved by the City Zoning Administrator
in accordance with the provisions of Section 62-604.
(iii) the Permittee pays a non-refundable administrative fee in the amount of
Five Hundred Dollars ($500), and a location change fee in the amount of
One Thousand Dollars ($1,000), which location change fee shall be
refunded if the application is denied.
The City Zoning Administrator shall, within twenty (20) days after receipt of the Location Change
Application, approve or deny the Location Change Application in accordance with the provisions of
this Article. A written denial shall be provided to the Permittee indicating the reasons for the denial
and refunding the location change fee.
62-610 Assignment. Upon the payment of a Two Thousand and Five Hundred Dollars ($2,500)
assignment fee, a mural permit may be transferred to an entity found to be a qualified applicant by
the Zoning Administrator.
62-611. Exemptions. Temporary permits for Murals placed on Government -owned buildings may be
granted by the City Zoning Administrator and shall be exempt from the provisions of this Article. A
temporary permit may only be granted for Murals depicting special events with citywide or countywide
significance, and shall be granted for a period not to exceed fourteen (14) days, except that the City
Zoning Administrator may, for good cause, grant one extension for a period not to exceed ten (10)
days.
Other than as accepted above in this Section 62-611, there shall be no exemption from this Article
for Murals placed on Government -owned buildings, and such Murals shall be subject to the provisions
of this Article, including, but not limited to, the maximum number of Mural Permits that may be issued
by the City Zoning Administrator.
62-612. Enforcement. In the event of a violation of the terms of this Article including the erection of
a Mural without a permit, a civil penalty may be assessed or enforcement proceedings may be
instituted with the City's code enforcement special masters. Each violation shall carry a civil penalty
of One Thousand Dollars ($1,000) per day or such greater penalties as are permitted by the County
Ordinance. The City may employ all penalties and remedies set forth in Chapter 2, Article 10 of the
City Code entitled "Code Enforcement." This provision is supplemental to all other remedies and
penalties provided by law. Decisions of the code enforcement special master shall be final and may
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be appealed to a court of competent jurisdiction within the times and in the manner provided by the
Florida Rules of Appellate Procedure, and the laws of the State and the City Code.
The City shall be authorized to collect against the bond or letter of credit all fees, fines and
penalties, as well as all expenses incurred by the enforcement of this Ordinance.
In the event a Permittee is found to be in non-compliance by the code enforcement special master
of the City or the County equivalent for any Mural located within the County, any and all Mural Permits
issued to such Permittee pursuant to this Article shall be immediately rescinded and the Permittee
shall forfeit the right to apply for any subsequent Mural Permits. A notice of rescission shall be
provided to the Permittee, and require the Permittee to remove all Murals permitted pursuant to this
Article within five (5) days of receipt of such notice. If the Permittee fails to remove the Mural(s) after
receipt of such notice, enforcement proceedings and fines shall be immediately initiated in
accordance with Section 62-612.
62-613. Maintenance. In the event a City code enforcement inspector finds that any Mural
permitted pursuant to this Article is not being maintained in good repair or appears faded, torn, or in
similar condition of deterioration, the code enforcement inspector shall send written notification of
their findings to the Permittee and the City Zoning Administrator and shall order the Permittee to
repair the Mural within ten (10) days after receipt of such written notice. In the event the Permittee
fails to repair the Mural to the satisfaction of the code enforcement inspector, the City Zoning
Administrator shall initiate proceedings to rescind the Mural Permit under Section 62-612.
62-614. Conflict. Notwithstanding any City Ordinance to the contrary, this Article shall exclusively
control the legality, permitting, and approval process for Murals in the City. Only Murals authorized by
this Article shall be permitted in the City. Any murals not so authorized are hereby prohibited.
62-615. Renewal. In the event the expiration date of the County Ordinance is extended or should
the County approve a new ordinance to replace the County Ordinance, and the City Commission, at
its discretion, extends the term of any Mural Permits then issued and outstanding or issues new Mural
Permits in accordance with the procedures set forth in this Article, all Permittee's shall be required to
pay a renewal fee for each Mural Permit in an amount equal to one -twelfth (1/12th) of their annual
Permit Fee. Thereafter, all Permittee's shall be required to pay a renewal fee for each Mural Permit
equal to one -twenty-fourth (1/24th) of their annual Permit Fee. In the event any renewal fee is not
paid, the City shall immediately rescind the Mural Permit.
62-616. Rescission. In the event this Article XIII, consisting of Sections 62-601 through 62-617, is
rescinded by the City Commission, all Murals approved pursuant to this Article shall be removed
within sixty (60) days from the date of such rescission or within the time for removal set forth in the
County Ordinance, whichever is sooner.
62-617. Appeals. Any decisions of the City Zoning Administrator pursuant to this Article may be
appealed to the City Commission.
*I1
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
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File Number: 07-00937a Enactment Number: 12983
Section 4. 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 which provisions
may be re -numerated or re -lettered and the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.
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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