HomeMy WebLinkAboutLetter to Mayor from Barbara K. Bisno Esq.Barbara K. Bisno, Esq.
1000 Venetian Way, #603
Miami, Florida 33139
President, Scenic Miami -Dade County, Inc.
ScenicMiamiDade.org Telephone: 786 390 4134
Email: bbisno@comcast.net
scenicmiamidade@gmail.com
April 23, 2012
BY HAND
The Honorable Tomas P. Regalado
Mayor
City of Miami
3500 Pan American Drive
Miami, FL 33133
Re: The Sign Code of Miami -Dade County Governs in the City of Miami
Dear Mayor Regalado:
Sadly, as everyone well knows, the City of Miami has shamefully shirked its legal and
moral obligation to enforce the countywide Sign Code, which since 1985 has articulated
minimum requirements for all forms of outdoor advertising, including signs within
every municipality. The City's obligation is stated in the very first paragraph of Chapter
33, Article VI, of the County Code: "When the provisions of this article are applicable to
a municipality, the municipality shall be responsible for enforcement."
To the absolute contrary, since 2003 the City of Miami repeatedly has become a business
partner with a succession of outdoor advertising companies. The City has "authorized"
the unlawful erection and installation of many, many dozens of signs that manifestly
violate County Sign Code standards. The City has a tawdry history of perverse, profit-
sharing arrangements with advertising scofflaws, which was accurately summarized in
a Miami Herald op-ed article published last September, a copy of which is first attached
for your convenience (marked "A").
Second attached, for your further convenience, is a copy of the written opinion issued
last week by the Miami -Dade County Attorney (marked "B"). I have highlighted on
1 - 01 Leqer
orcrorn barbarct 1315rio) Esq
your copy elements of the opinion most germane to the City of Miami. To quickly
summarize them:
1. The County Sign Code governs as a comprehensive set of minimum standards
in the City of Miami, and imposes a responsibility on the City to enforce ALL
of it - not to "authorize" violations of it. The City may enact more stringent
sign regulations in its own municipal code, but it may NOT enact sign rules
that are more lenient than the County's standards in any respect.
2. When the City opted out of the County Sign Code's Division 5, the City
expressly did NOT opt out of ANY of the Sign Code's other six divisions and
ALL of the requirements contained therein. Those still -in -effect Sign Code
rules govern size, spacing, height, illumination, programmability and every
other aspect of all signs throughout the City.
3. The dozens of programmable, LED installations "authorized" by the City on
billboards along downtown Miami expressways and on other roadways in a
variety of Miami neighborhoods are ALL in violation of the Sign Code. ALL
OF THEM!
4. The Sign Code's 10 requirements for lawful, programmable signs continue to
apply throughout the City of Miami. For your further convenience, I have
third attached a copy (marked "C") of those 10 minimum criteria for any
programmable sign to be legal in Miami -Dade County, including anywhere
within the City of Miami.
5. The ordinance recently adopted by the Miami City Commission on first
reading (Agenda Item FR.3 on April 12), which purports to "authorize"
programmable signs on the James L. Knight Center, The Olympia Theater and
Building/Gusman Center for the Performing Arts, and the Miami Children's
Museum buildings, clearly violates the Sign Code of Miami -Dade County, in
at least one respect if not others as well:
One of the 10 requirements for a programmable sign to be legal is that the
property at which it is located be at least 10 acres in size. For your further
convenience, I have attached copies (respectively marked "D," "E" and "F") of
the official data, of record on the Miami -Dade County Property Appraiser's
website, for the Knight Center, the Gusman and the Children's Museum. The
Lot Size for the Knight Center is shown as zero; however, based on actual lot
sizes shown for other, nearby properties, I estimate the Knight Center's
property size to be less than 3 acres. The Lot Size for the Gusman is shown as
21,477 square feet, or 0.49 acres. And although the Lot Size for the street
address of the Children's Museum is shown as 18.41 acres, it is clear from the
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
site outline that the Museum's actual, leasehold interest is far, far less than the
County Sign Code's required 10-acre minimum.
It is clear and compelling that none of the three specified buildings contained
in the City's ordinance meets the Sign Code's requirements for legality. Please
have that misguided proposed ordinance withdrawn at once.
Mr. Mayor, as so many of us have said so many times before, you and your City
Commission colleagues may not make legal by municipal action that which is illegal by
the governing Sign Code of Miami -Dade County. The City Attorney may wish to advise
you regarding the significant risk to the City, its reputation and its financial resources if
the City were to continue to knowingly take official actions that clearly violate the
governing Sign Code of Miami -Dade County.
Meantime, please have the City's code enforcement officers immediately issue notices of
violations for all of the signs that EVERYONE knows are illegal. And please stop the
shameful and embarrassing behavior by the City of Miami, with regard to its chronic
allegiance to those lawless elements of the outdoor advertising industry. How about
allegiance to the "Rule of Law" for a change?
Sincerely,
Barbara K. Bisno, Esq.
Attachments
cc: The Hon. Francis Suarez, Chairman, Miami City Commission
The Hon. Marc D. Sarnoff, Vice Chairman, Miami City Commission
The Hon. Frank Carollo, Member, Miami City Commission
The Hon. Michelle Spence -Jones, Member, Miami City Commission
The Hon. Wifredo "Willy" Gort, Member, Miami City Commission
Mr. Johnny Martinez, P.E., City Manager
Julie O. Bru, Esq., City Attorney
The Hon. Carlos A. Gimenez, Mayor, Miami -Dade County
The Hon. Joe A. Martinez, Chairman, Board of County Commissioners
The Hon. Audrey Edmonson, Vice Chair, Board of County Commissioners
The Hon. Barbara J. Jordan, Member, Board of County Commissioners
The Hon. Jean Monestirne, Member, Board of County Commissioners
The Hon. Sally A. Heyman, Member, Board of County Commissioners
The Hon. Bruno A. Barreiro, Member, Board of County Commissioners
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
Commissioner Barbara J. Jordan
District 1
Page 3
faces, some of which are located along arterial or even minor roadways.
Each land area for all of those billboards with programmable sign faces is
smaller than ten (10) acres in gross size.
You also note that few, if any, of these signs advertise products and services that are available where
these signs are located. You ask if such signs are allowed by the County Sign Code.
The County Sign Code mentions "billboards" only in the context of Class C signs, which are not
point of sale signs (See Section 33-84(h) and Section 33-107). A point of sale sign (Class B) is a "sign
advertising or designating the use, occupant of the premises, or merchandise and products sold on the
premises" and must "be located on the same premises whereon such is situated or the products sold."
(Section 33-84(g)). The only provision of the County Sign Code that may .1211% programmable
electronic signs is _Section 33-96.1, which governs automatic electric chrrnging signs That section
provides that the use of automatic electric changing technology "shall apply to Class B (Point of Sale)
signs only" (Section 33-96.1(a)), and requires, among other criteria, "[a] minimum of ten (10) gross
acres improved land area" (Section 33-96.1(0). As explained in section Ha. of this memorandum, these
regulations apply to all signs in Miami -Dade County, including those that are permitted near
expressways by rnunicipaWdes that opted out of Division 5.
The County's prior Planning & Zoning Director determined that the 'Counyssigncode does
not provide for digital (automatic changing) technology for billboarcls" (Se 2). Thus, digital
technology is only permissible for point of sale signs on properties of 10 or more acres. I concur with his
reading of the County Sign Code.
Digital signs on city -owned properties
You ask whether legislation in the City of Miami to allow digital signs on certain City -owned
properties, presumably located within the City's boundaries, would be consistent with the County Sign
Code if applied to property that is smaller than 10 acres or to signs that advertise goods and services not
available for purchase on site. As noted above, the County's automatic electric changing sign regulations
limit such sips to point of sale signs, and only permit them to be installed on properties with a
minimum lot size of 10 acres. These provisions of the County Sign Code apply in both the incorporated
and unincorporated areas and therefore govern signs on City -owned properties.
d. Media mesh sign located on the American Airlines Arena
I have previously advised that, if it were determined that the City has not properly interpreted or
applied the County Sip Code as to this particular sign, the County could take appropriate action to
require that such a city -permitted sign be made to comply with the Code or be removed (See
Attachment 3). My opinion on this issue is unchanged.
You ask whether the media mesh sign at the American Airlines Arena would be operating in a
manner consistent with the County Sign Code if it were to advertise goods and services not available for
purchase on site. The County's prior Planning & Zoning Director has addressed this issue (see
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
Commissioner Barbara J. Jordan
District 1
Page 4
Attachment 2) and determined that the Arena media mesh sign is pei witted only as a point of sale sign. I
concur with this determination.
e. Fines
You inquire as to the maximum fines that the County could assess for violations of the County
Sign Code. As detailed in Section 8CC-10 of the County Code, the civil penalties that the County may
impose without court action vary depending on the specific violation. For example, a violation of
Section 33-96 on illumination carries a civil penalty of $100, the unlawful erection of a Class C sign
subject to Section 33-107 carries a civil penalty of $1,000, and the unlawful erection of a sign in a
protected area subject to Section 33-121.21 carries a civil penalty of $2,000. If the violation constitutes a
"continuing violation," meaning that the violation remains uncorrected, then additional penalties would
apply. Section 8CC-4 provides that "[f]or each day of continuing violation after the time for collection
has run, an additional penalty in the same amount as that prescribed for the original violation shall be
added," with a maximum total penalty of 20 times the original penalty amount, except that for illegal
murals, the maximum total penalty is 30 times the original penalty amount.
Finally, you request information concerning "the last time a fine was assessed against a sign in
each of those categories [Class C billboard, Class C mural, and programmable sign]." My office has
been involved in litigation since 2008 over the Class C mural signs at the City Inn Hotel located next to
1-95 at NW 8IA Street. The County filed a lawsuit asking a court to order the owner to remove the signs
and to impose penalties of up to $25,000 per day per violation. The owner has removed the signs but
continues to challenge the County's authority. The case leulains pending. There has been no assessment
or collection of fines or penalties to date. With regard to enforcement actions and penalties with which
my office may not be involved, I have forwarded your request to the appropriate County staff and have
asked them to respond on an expedited basis.
RI. CONCLUSION
Given that the County retains the power to assure that the County Sign Code is unifor aly
interpreted and applied throughout the County, including within municipal boundaries, the County could
take enforcement action with respect to signs located within municipal boundaries that are not in
compliance with the County Sign Code. The County Commission or the Mayor could authorize such
action.
arts. (3)
c: Hon. Chairman Joe A. Martinez
and Members, Board of County Commissioners
Hon. Carlos A. Ginienez, Mayor
Charles Anderson, Commission Auditor
Christopher Agrippa, Division Chief, Clerk of the Board
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
33-96 DADE COUNTY CODE
chasing or rotating lights are prohibited. Signs
may be illuminated by exposed bulbs, fluorescent
tubes, interior lighting, or by indirect lighting
from any external source. Indirect lighting, such
as floodlights, shall not shine directly on adjacent
property, motorists or pedestrians. Illumination
shall be such that it will provide reasonable
illumination and eliminate glare and intensity
which might pose safety hazards to drivers and
pedesti ians. Revolving and rotating signs shall be
illuminated by internal lighting only.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1,
5-17-94)
ON Sec. 33-96.1. Automatic electric changing
signs.
Subject to the following mandatory conditions,
Automatic Electric Changii-Sijns CS"),
be permitted in BU and IU districts, seaports,
airports, sports stadiums, racetracks, and other
similar uses as follows:
(a) This provision shall apply to Class B
(Point of Sale) signs only.
(b) An ACS shall conform to all sign size,
placement, setback, and quantity limita-
tions as provided elsewhere in this chap-
ter and shall comply with all building
code requirements.
(c) Incandescent lamps/bulbs in excess of 9
watts are prohibited in an ACS_ Incandes-
cent lamps/bulbs in an ACS shall not be
exposed but shall be covered by a trans-
lucent lenses or filters.
(d) An ACS shall be equipped with an auto-
matic operational night dirnming device.
(e) The following operating modes are prohib-
ited:
(1) Flash — the condition created by
displaying the same message inter-
mittently by turning it on and off, on
and off, with rapidity or any other
delivery mode that creates a flash-
ing effect.
(2) Zoom — the look or condition cre-
ated by expanding a message from a
central point to its full size.
Supp. No. 20
(3) Any signs which use the word "stop"
or "danger" or imply the need or
requirement of stopping, or which
are copies or imitations of official
signs.
(4) Red, green or amber (or any color
combination thereof) revolving or
flashing light giving the impression
of a police or caution light shall be
prohibited.
(f) A minimiim
of ten (
proved land area shall be required
eacemei-rnan CS.
(g) With the exception of airports or seaports,
the subject ACS shall be located only on a
major or minor roadway as depicted on
the adopted Comprehensive Development
Master Plan Land Use Plan map.
(h) A detached ACS shall be surrounded by a
minimum of twenty-five (25) square feet
of landscaped area. A plan indicating such
landscape area shall be submitted to the
Director at the time of building permit
application.
(i) The content of the ACS shall be limited
solely to the promotion of products or
services offered. on the premises. The only
fixed message shall be the name of the
company possessing a valid Certificate of
Use and Occupancy for the subject prem-
ises.
(j) The applicant for an ACS shall file of
record a declaration of use, on a form
prescribed and approved by the Director,
which will govern the operation of the
ACS and contain penalties for abatement
and removal of the ACS for violations of
the declaration of use and the provisions
he
(Ord. N . 94-99 § 2, 5-17-94; Ord. No. 95-215, § 1,
12-5-9 )
Sec. 33-97. Maintenance of signs.
(a) [Required.] All signs shall be properly main-
tained in a safe and legible condition at all times.
In the event that a use having a sign is discontin-
ued for a period of forty-five (45) days, all signs
5178.2
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
Miami -Dade My Home
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Summary Details:
IFoiio No.: 01-3137-022-0020
(Property: 400 SE 2 AVE
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Address:
ASSEST MANAGEMENT
DIVISION
SW 2 AVE #325 AAAMI FL
33130-1910
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Property Information:
B401 CENTRAL
!Primary Zone:
I 'BUSINESS DISTRICT
I— 0017 COMMERCIAL -
OLUC:
TOTAL VALUE
IBitds/Barths: 'I/0
Floors: 10
Living Units. b
j-Sg Footage: 1296,816
Size.
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Description:
NAM CONVENTION
CENTER AMEND PB
119-36 TR C LESS BEG
SE COR OF TR C TH
4.57FT N 2 DEG W
.77Fr N90.11FT S 2
EG E 280.56FT TO POB
OR R/W
Assessment Information:
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Land Value:
Budding Vaiue: 1 $0
Market Value: $62480246 $82480.2
sessecl %Wee; $62,480,2
Taxable Value Information:
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ACTIVE TOOL: SELECT
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j/-14f0"L.401
Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
MIAMI•DADE
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ed. Property
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Summary Details:
ioNa:01-0112-010-1010
,174 E FLAGLER ST
icing :CCTV OF PrIAMI-DEPT OF
ress:
CORNERSTONE GROUP
&D
2121 PONCE DE LEON BLVD
'pH-2 CORAL GABLES FL
133134-5224
Property Information:
Primary Zone:
C :
6401 CENTRAL
BUSINESS DISTRICT
10015 ENTERTAYNNENT
80
Living Units:
Sq Footage:
Lot Size:
0
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1477 SC/
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OT 3 & N 45FT OF
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LX 121 LOT SCZE
REGULAR 75R-140292
OR 9053-723
Assessment Informatio
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Land Value:
Building Value:
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Description:
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2,174,
2,174,
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Taxable Value Information:
Year: 2011
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2010
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Exemption/
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Value: Value:
egional: 2.081,2001$0/$1,892,
County: $0/$2,081,20060/$1,892,
City: $0/$2,081,204:40/
School Board: 10/$2,174,
Sale Information:
iSaie Date: 7/1975
,Sale Amount:
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Submitted into the public
record in connection with
item RE.19 on 10-25-12
Dwight S. Danie
City Clerk
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Miami -Dade My Home
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Foo No.: 101-3231-C61-3040
Address:ASET MANAGE?
Primary Zone:
CLUC:
Beds/Baths:
Floors:
Liv' ing Units:
jSqForry:
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Assessment Information:
lYear
Land Value:
Building Value:
Market Value:
• sassed 1.4alue:
Taxable Value Information:
Year: 2011 2010
Applied Applied
Exemption/ Exemption/
Taxable Taxalle
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R ' nal_
County. 7,
ity$7509,367
School Board: 7,509,357
Additional Information:
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Submitted into the public
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Dwight S. Danie
City Clerk
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