City Code Property & Signs
PUBLIC PROPERTY
(d) Exemptions. The following shall be exempt
from subsections 82-412(a) and (b):
(1) Signs authorized by the city pursuant to
subsection 82-411(d).
(2) Official traffic signs, information signs
and warning signs erected by a govern-
mental agency and temporary signs indi-
cating danger.
(3) Historical markers approved by the city
historic preservation board.
(4) Temporary special public event direc-
tional signs approved pursuant to article
IV of this chapter.
(e) Enforcement by code compliance officers;
notice of violation. If a code compliance officer as
defined in chapter 30 finds a violation of this
article, such code compliance officer shall issue a
notice of violation to the violator of the nature of
the violation, amount of fine for which the viola-
tor is liable, instructions and due date for paying
the fine, notice that the violation may be appealed
by requesting an administrative hearing within
20 days after service ofthe notice of violation, and
that failure to do so shall constitute an admission
of the violations and waiver of the right to a
hearing.
<0 Civil fines for violators. The following civil
fines shall be imposed for each violation of this
article:
(1) First offense.. . . .. . . . ... . . .
(2) Second offense (within one
year of the first offense) . . . .
(3) Third offense/additional of-
fenses (within one year of
the first offense) . . . . . . . . . . .
(4) First offense for illegal sign(s)
in the public right-of-way af-
fixed with an adhesive, glue,
staples, tacks or nails that
require extra ordinary ef-
fort, labor and materials to
remove. . . . . . . . . . . . . . . . . . . .
$ 50.00
250.00
500.00
150.00
(5) Second offense (within one
year of the first of the first
offense) for illegal sign(s) in
Supp. No. 17
CD82:36.1
A 82-412
the public right-of-way af-
fIxed with an adhesive, glue,
staples, tacks or nails that
require extra ordinary ef-
fort, labor and materials to
remove. . . . . . . . . . . . . . . . . . . .
400.00
(6) Third offense/additional of-
fenses (within one year of
the first offense) for illegal
sign(s) in the public right-of-
way affixed with an adhe-
sive, glue, staples, tacks or
nails that require extra ordi-
nary effort, labor and mate-
rials to remove .. .. .. . .. .. .
750.00
(g) Rights of violators; payment offine; right to
appeal; failure to pay civil fine or to appeal.
(1) A violator who has been served with a
notice of violation shall elect either to:
a. Pay the. civil fine in the manner
indicated on the notice; or
b. Request an administrative hearing
before a special master appointed by
the city commission upon recommen-
dation of the city manager to appeal
the decision of the code compliance
officer which resulted in the issu-
ance of the notice of violation.
(2) The procedures for appeal by administra-
tive hearing of the notice of violation shall
be as set forth in sections 102-384 and
102-385.
(3) If the named violator after notice fails to
pay the civil fine or fails to timely request
an administrative hearing before a spe-
cial master, the special master shall be
. informed of such failure by report from
the code compliance officer. Failure of the
named violator to appeal the decision of
the code compliance officer within the
prescribed time period shall constitute a
waiver of the violators right to adminis-
trative hearing before the special master.
A waiver of the right to an administrative
hearing shall be treated as an admission
of the violation and penalties may be
assessed accordingly.
f 138.133
MIAMI BEACH CODE
(d) Thmporary construction signs may be erected
and maintained for a period beginning with the
issuance of a building permit and must be re-
moved within six months from the date the area
of new construction or substantial rehabilitation
receives a temporary or final certificate of occu-
pancy or a certificate of completion, whichever
applies. However, any such signs shall be re-
moved immediately if the building permit expires
and construction has not commenced and/or if the
permit is not renewed.
(e) All signs shall be reviewed under the de-
sign review process. Construction signs shall be
either flat wall signs or rigid detached signs,
affixed to posts or a construction fence. Banners
are prohibited. Unless affixed to a construction
fence or an existing building, detached construc-
tion signs shall be setback ten feet from any
property line. Maximum height to the top of a
detached sign affixed to posts or a construction
fence shall be 12 feet above grade. Maximum ..
height to the top of a flat sign affIXed to a building
shall not extend above the second story of such
building.
(Ord. No. 89-2665, ~ 9-4(B)(2), eff. 10-1-89; Oni.
No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff.
1-29-94)
Cro.. reference-Building regulations, ch. 14.
Sec. 138-134. Election signs.
(a) Election signs are signs announcing politi-
cal candidates seeking public office or advocating
positions relating to ballot issues.
(b) In a commercial district or industrial dis-
trict the number is limited only by sign area
regulations. In residential districts there shall be
no more than one sign per residential building or
lot.
Supp. No. 15
CD138:8.2
~*"
(c) The sign area in commercial or industrial
districts for campaign headquarters shall not
have a sign area limitation. Each candidate may
have four cam ai head uarters which shall be
registered with the city clerk. er commercial
or mdustrial district locations shall have the
same requirements as for construction signs or
real estate signs, whichever is larger. The sign
area in residential districts shall be the same as
for construction signs.
(d) Election signs shall be removed seven days
following the election to which they are applica-
ble.
(e) It shall be unlawful for any person to paste,
glue, print, paint or to affix or attach by any
means whatsoever to the surface of any public
street, sidewalk, way or curb or to any property of
any governmental body or public utility any po-
litical sign, poster, placard or automobile bumper
. strip designed or intended to advocate or oppose
the nomination or election of any candidate or the
. adoption or rejection of any political measure.
(Code 1964, ~ 10-6; Ord. No. 89-2665, ~ 9-4(B)(3),
eff'. 10-1-89; Ord. No. 93-2867, eff'. 8-7-93)
Cro.. referenc_Elections generally, ch. 38.
Sec. 138-135. Real estate signs-Single-fam-
i1y residential.
(a) Real estate signs/single-family residential
are signs advertising the sale, lease or rent of the
premises upon which such sign is located. Sign
copy with prices is prohibited.
(b) There shall be a maximum of one sign
permitted per property except for waterfront prop-
erty where a second sign is permitted facing the
water. In addition one strip sign to be attached
directly below primary sign is allowed, and one
"Open House" type sign is allowed only while the
owner or agent is on the premises. Signs may be
double faced provided all information is identical.
(c) The sign area for the primary sign shall be
14 inches by 18 inches and the sign area for the
strip sign shall be two inches by 18 inches. "Open
House" type signs shall be 22 inches by 16 inches.
(d) Temporary real estate signs shall be re-
moved within seven days of the sale or lease of the
premises upon which the sign is located.
Supp. No.3
SIGNS
~ 138-136
(e) Special conditions for these real estate signs
shall be as follows:
(1) Detached signs shall have a setback often
feet if lot is vacant, three feet if lot has
improvements. Sign may be placed on
structure or wall if structure or wall is
less than three feet from property line.
Height shall not exceed five feet.
(2) Only the following information and no
other information may appear on the sign:
a. "For Sale," "For Lease," or "For Rent,.
or combination thereof.
b. The name and logo of the real estate
broker or realtor as registered with
the Florida Real Estate Commis-
sion, the name of the owner or the
words "By Owner" in lettering not to
exceed one inch in height.
c. A designation following such name
as being either a "Realtor," "Broker"
or "Owner" in lettering not to exceed
one inch in height.
d. The telephone number of such real-
tor, broker or owner.
e. The words "By Appointment Only";
"Waterfront"; "PooL"
(3) Primary signs may be only white on black
or black on white. Iridescent and illumi-
nated signs are prohibited.
(4) "Open House" type signs may be red and
white or black and white. No signs are
permitted on public property.
(5) Each primary sign shall receive a permit
from the code compliance department,
which shall charge a fee as set forth in
appendix A per primary sign. There shall
be no additional charge for strip or "open
house" type signs.
(Ord. No. 89-2665, ~ 9-4(B)(4), eff'. 10-1-89; Ord.
No. 93-2867, eff'. 8-7-93)
Sec. 138-136. Same-Multifamily, commer-
cial, industrial, vacant land
(other than residential).
(a) Real estate signs/multifamily, commercial,
industrial, vacant land (other than residential).are signs advertising the sale, lease or rent of the
premises upon which such sign is located. Sign
copy with prices is prohibited.
CD138:9