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Ordinance 94-2930 ORDINANCE NO. 94-2930 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING MIAMI BEACH CITY CODE CHAPTER 17B, ENTITLED "PROPERTY MAINTENANCE STANDARDS" , CREATING SECTION 17B-29 .3, ENTITLED "GRAFFITI REMOVAL REQUIRED WITHIN 15 DAYS; REMOVAL BY CITY WHEN PROPERTY OWNER FAILS TO REMOVE" , REQUIRING THAT PROPERTY OWNERS REMOVE GRAFFITI FROM THEIR PROPERTIES WITHIN FIFTEEN (15) DAYS OF NOTIFICATION BY THE CITY, AUTHORIZING GRAFFITI REMOVAL BY THE CITY WHEN PROPERTY OWNERS FAIL TO DO SO, PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that the presence of graffiti on structures and buildings within the City of Miami Beach threatens the City' s aesthetic values and adversely impacts the image of the City; and WHEREAS, due to the failure of some property owners to expeditiously remove graffiti from structures and buildings located on their property, it is necessary for the City to remove the graffiti, in order to promote the welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . CREATION OF SECTION 17B-29 .3 That a new Section 17B-29 . 3 of Miami Beach City Code Chapter 17B-29 , entitled "Property Maintenance Standards" is hereby created to read as follows : Sec. 17B-29 .3 . Graffiti removal required within 15 days; removal by the City when property owner fails to remove. (a) Graffiti located on buildings , fences and other structures shall be removed therefrom by the property owner or his agent within fifteen (15) days of the mailing of certified mail notice of same by the City. (b) As an alternative to the enforcement procedures set forth in Section 173-18 , upon the failure of the property owner to remove graffiti as required by subparagraph _(_ above, the City Manager or his designee may have the graffiti removed. (c) Graffiti may be removed by the City pursuant to this Section by painting over the graffiti with white or colored paint . Thereafter it shall be the responsibility of the property owner to repaint same to match the remainder of the building, fence or structure as required by Section 17B-29 . SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 25th day of June 1994 . PASSED and ADOPTED this 15th d-1 of Jul- , 1994 . 111 ATTEST: A. - MAYOR CITY CLERK 1st reading 6/1/94 2nd reading 6/15/94 (Sponsored by Commissioner Martin Shapiro. ) SWS:scf:disk7\grafrem4.ord FCPM APPROVED LEGAL DEPT. By Date "15 C- 27-94 / 2 3 OFFICE OF THE CITY ATTORNEY • 624 ey:Aum r% F L O R I D A * iMcwr TED* P.O. BOX O LAURENCE FEINGOLD y�\ i�h • CITY ATTORNEY 'Prof � MIAMI BEACH.FLORIDA 33119-2032 TELEPHONE (305)673-7470 TELECOPY (31?)673-7002 COMMISSION MEMORANDUM NO: DATE: JUNE 15, 1994 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD CITY ATTORNEY SUBJECT: ORDINANCE REQUIRING PROPERTY OWNERS TO REMOVE GRAFFITI WITHIN FIFTEEN (15) DAYS OR FOR CITY TO HAVE GRAFFITI REMOVED IF OWNER FAILS TO DO SO. Commissioner Martin Shapiro requested this Ordinance requiring property owners to rembve graffiti from their property within fifteen (15) days of notification by the City, with the provision that, if a property owner fails to do so, the City may have the Graffiti removed. The City Administration has suggested that the cost of the removal should be paid by the owner and a lien applied against the property if the owner fails to pay. In order to move this item forward, the Administration suggests that the Ordinance be viewed as a six-month experiment and then evaluated as to the City cost of removal before the final decision is reached to charge owners. LF:scf:memos\graffiti.cm F AGENDA R- 3- C ITEM DATE ' ( �Y V OO\ 'ELATION; CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH FLORIDA 33139 • s-1 . cd .0 . ^ •r-1 . as 1+-i • I. cV 4-I • 4-1 ro CID • c7 Ca M a) a) CT 4-J CJ tC$ N 0. 0 "01a I cd cv a) (7) U a) +-) 4-) •H • a) 0 z v � z w ., •,� H M 3 I-I di •ri }.i 61 'Ci f24 z 0 a) N a) O E- a. 1 ;-+ r4 N- O • P.1 - Cr'(1) bD b bA G CU •rl '—I •rl ciJ b .0 41 y • •rl Cd 0 a) a) xa• a)) cQi