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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14292 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15680 Final Action Date: 6/27/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 37-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, Section 37-2(f) of the Code of the City of Miami, Florida, as amended ("City Code"), provides for a Graffiti Mitigation Program to assist property owners who are victimized by graffiti artists; and WHEREAS, previously the Graffiti Mitigation Program was managed by the Neighborhood Enhancement Teams ("NET"); and WHEREAS, the NET teams are no longer active and therefore the assistance for the program is best suited to be addressed by the Code Compliance Department; and WHEREAS, the purpose of the Graffiti Mitigation Program is to assist innocent owners victimized by graffiti artists but does not supplant the property owners' responsibility to monitor and work diligently to keep their properties clear of graffiti and other defacements; and WHEREAS, it is in the best interests of the City and its residents and businesses to update both the management and the terms in which the Graffiti Management Program is used; 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. The City Commission hereby amends Chapter 37 of the City Code, titled "Offenses - Miscellaneous," is amended in the follow particulars:' "CHAPTER 37" OFFENSES -- MISCELLANEOUS ' 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. City of Miami Page 1 of 3 File ID: 15680 (Revision: A) Printed On: 9/5/2024 15680 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 15680 Enactment Number: 14292 Sec. 37-2 — Malicious defacement, marking, etc., of real property. m.. (f) Whenever the city becomes aware of the existence of graffiti on any property, including structures or improvements within the city, 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 or texture of the original wall, fence, siding or part of the structure afflicted. The time period enumerated in the notice shall not be less than fivoten (10) days. Persons needing information or assistance in curing a graffiti violation may contact the cityCode Compliance Department graffiti mitigation program. The phone number to the cityCode Compliance Department 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 cityCode Compliance Department 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 cityCode Compliance Department graffiti mitigation program to remove or effectively obscure such graffiti. Persons who request to receive assistance from the cityCode Compliance Department graffiti mitigation program and are qualified to receive such assistance, shall not be subjected to penalties, fines, or costs pursuant to this section. The requirements for the Code Compliance Department Graffiti Mitigation Program are: Only ground floor areas of structures that abut the public rights -of -way; ii. The City will clean/obscure the graffiti affecting the qualifying non - violating owners' property structure a maximum of two (2) occasions in one calendar year (at least two weeks apart) of the first violation without penalty if the property owner contacts Code Compliance Department within ten (10) days of the issuance of the violation; iii. If the graffiti is visible from the public rights -of -way but not accessible due to height of graffiti or other barriers, the qualifying non -violating property owner shall be required to sign a release authorizing City employees entry upon the property to clean/obscure the graffiti; if owner complies with said requirement, the City's assistance will count towards the maximum of two (2) as indicated above in above subsection (f)(ii). City of Miami Page 2 of 3 File ID: 15680 (Revision: A) Printed on: 9/5/2024 File ID: 15680 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14292 To receive assistance without penalty, the qualifying owner will be required to provide the release within ten (10) days of receiving the request for authorization; iv. A qualifying non -violating property may be eligible for a third cleaning/obscuring by the City without penalty if the property owner can show they have taken steps to mitigate the ability of third-party(s) to graffiti the property by the deployment of security cameras, security personnel, or other actions to deter further acts. 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: ey _) 3/5/2024 rge Wy j ng III, C y ttor -y 8/30/2024 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 Miami Page 3 of 3 File ID: 15680 (Revision: A) Printed on: 9/5/2024 SUBSTITUTED City of Miami Legislation Ordinance File Number: 15680 Final Action D e: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AME IED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, M ' KING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF COD COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATIPROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONT' ING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE ►'TE. WHEREAS, Section 37-2(f) of the Code of the City of Miami, F .rida, as amended ("City Code"), provides for a Graffiti Mitigation Program to assist property . 1 ners who are victimized by graffiti artists; and WHEREAS, previously the Graffiti Mitigation Program as managed by the Neighborhood Enhancement Teams ("NET"); and WHEREAS, the NET teams are no longer activ- : nd therefore the assistance for the program is best suited to be addressed by the Code .mpliance Department; and WHEREAS, the purpose of the Graffiti Mitigation Program is to assist innocent owners victimized by graffiti artists but does not suppla the property owners' responsibility to monitor and work diligently to keep their properties cic.r of graffiti and other defacements; and WHEREAS, it is in the best intere- of the City and its residents and businesses to update both the management and the t ms in which the Graffiti Management Program is used; NOW, THEREFORE, BE IT iRDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recita . and findings contained in the Preamble to this Ordinance are adopted and incorporated . - if fully set forth in this Section. Section 2. The ' ity Commission hereby amends Chapter 37, of the City Code, titled "Building Permit Fee schedule," is amended in the follow particulars:1 "CHAPTER 37" OFFENSES -- MISCELLANEOUS Sec.. 2 — Malicious defacement, marking, etc., of real property. 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. City of Miami File ID: 15680 (Revision:) Printed On: 6/17/2024 (f) SUBSTITUTED Whenever the city becomes aware of the existence of graffiti on any property, includin structures or improvements within the city, 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 own: , agent or manager who shall cause the graffiti to be removed or effectively obs' 4 red by any means so long as it is completely obliterated, painted or touched up wit e same or substantially similar color of existing paint or texture of the original wall, -nce, siding or part of the structure afflicted. The time period enumerated in th- otice shall not be less than fivoten (10) days. Persons needing information or as ' ance in curing a graffiti violation may contact the sifyCode Compliance Departmen • raffiti mitigation program. The phone number to the cityCode Compliance Depart t graffiti mitigation program shall appear conspicuously in bold numerals on the not e issued pursuant to this subsection for purposes of providing assistance to those o receive such notice. Persons not responsible for causing graffiti but responsible f► curing it, who cannot afford to obliterate, paint or touch up such graffiti with the = me color of existing paint of the original wall, fence, siding or part of the structure - ected and who receive paint or assistance from the cityCode Compliance Departm: graffiti mitigation program shall obliterate, paint or touch up graffiti on the prop: y with paint as substantially similar in color as can be provided to the wall, fen , siding or part of the structure afflicted. No penalties, fines, or costs shall be i ' .sed on persons owning property, acting as manager or agent for the owner of pr - •erty, or in possession or control of property who utilize the cityCode Complianc- 'epartment graffiti mitigation program to remove or effectively obscure such graffitiersons who request to receive assistance from the cityCode Compliance Departm - graffiti mitigation program and are qualified to receive such assistance, shall not b- subjected to penalties, fines, or costs pursuant to this section. The requirements fo e Code Compliance Department Graffiti Mitigation Program are: Only around flo• areas of structures that abut the public rights=of-wav; ii. The City wi lean/obscure the graffiti affecting the qualifying non - violating • ners' property structure a maximum of two (2) occations in one cal- dar year (at least two weeks apart) of the first violation without penal if the property owner contacts Code Compliance Departtmer wit ' ten (10) days of the issuance of the violation; the graffiti is visible from the public rights -of -way but not accessible due to height of graffiti or other barriers, the qualifying non -violating property owner shall be required to sign a release authorizing City employees entry upon the property to clean/obscure the graffiti; if owner complies with said requirement, the City's assistance will count towards the maximum of two (2) as indicated above in above subsection (f)(ii). To receive assistance without penalty, the qualifying owner will be required to provide the release within ten (10) days of receiving the request for authorization; iv. A qualifying non -violating property may be eligible for a third cleaning/obscuring by the City without penalty if the property owner can show they have taken to mitigate the ability of third-partv(s) to graffiti the property by the deployment of security cameras, security personnel, or other actions to deter further acts. City of Miami SUBSTITUTED *„ 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 readi ; and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 3/5/2024 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 Miami File ID: 15680 (Revision:) Printed On: 6/17/2024