Ordinance 2022-4508 ORDINANCE NO. 2022-4508
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE III, ENTITLED
"GRAFFITI," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY
AMENDING SECTION 70-125 THEREOF, ENTITLED "RESPONSIBILITY
OF PROPERTY OWNER(S) TO ABATE GRAFFITI; GRAFFITI
ABATEMENT AND NOTICE; ENFORCEMENT," BY AMENDING THE
RESPONSIBILITIES OF PROPERTY OWNERS WITH REGARD TO THE
ABATEMENT OF GRAFFITI, THE TIMEFRAME IN WHICH SUCH
ABATEMENT MUST BE ACCOMPLISHED,AND THE NOTICE PROVISION
THEREIN; BY AMENDING SECTION 70-126 THEREOF, ENTITLED
"APPEAL," BY MODIFYING CERTAIN TERMS CONTAINED THEREIN;
AND BY AMENDING SECTION 70-127 THEREOF, ENTITLED "COST OF
GRAFFITI . REMOVAL AS LIEN ON PROPERTY; COLLECTION,
FORECLOSURE AND SALE," BY AMENDING THE CITY'S ABILITY TO
REMEDY UNABATED GRAFFITI AND RECOVER THOSE COSTS
INCURRED IN REMEDYING SUCH UNABATED GRAFFITI; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the immediate removal of graffiti is the most effective deterrent to its
reoccurrence; and
WHEREAS, graffiti is a blight on the City, which depreciates the value of the defaced
property as well as the surrounding neighborhood; and
WHEREAS, the presence of graffiti etching acid on surfaces which come into contact with
the public pose a health and safety risk; and
WHEREAS, the Mayor and City Commission recognize the importance of preserving the
City's aesthetic beauty, and protecting the City's image and quality of life for its residents and
visitors; and
WHEREAS, graffiti has been previously declared a nuisance pursuant to section 70-121
of the City Code, which establishes that creating or maintaining the unauthorized application of
paint, ink, chalk, dye, felt tip or indelible marker, or any non-water soluble substance, or the
applying or affixing of other inscribed or engraved materials, including posters, placards, and
flyers of any size and type, on public or private structures located on publicly or privately owned
real property in the City, is hereby declared to be a nuisance; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods in the City, including its historically designated districts, and to protect the health,
safety and welfare of the general public, the Mayor and City Commission find that more stringent
measures with regard to graffiti removal and abatement are needed to serve and protect the best
interests of the citizens of Miami Beach and to promote and maintain the aesthetic appearance
of the City.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That those Sections of the City's Graffiti Ordinance, as such Ordinance is codified
in Sections 70-125, 70-126, and 70-127 of the City Code, be amended as follows and as
hereinafter set forth below:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE III. GRAFFITI
* * *
DIVISION 1. GENERALLY
* * *
Sec. 70-125. Responsibility of property owner(s) to abate graffiti; graffiti abatement and
notice; enforcement.
(a) (1) Maintenance or allowance of graffiti to exist for more than seven business days, 48
hours from the receipt or delivery of the notice to abate graffiti as referenced within this
section,. on either a commercial or noncommercial property, or for more than ten
bsiness days from the receipt or delivery of the notice to abate grafFti as referenced
within this section on a noncommercial property, is prohibited.
(2) Maintenance or allowance of etched graffiti to remain visible to public view for more
than 48 hours, or to exist for more than 2910 business days from the receipt or delivery
of the notice to abate graffiti as referenced within this section,. on either a commercial
or noncommercial property, or for more than 30 business days from the receipt or
delivery of the notice to abate graffiti as referenced within this section on a
is prohibited.
(b) Whenever the city becomes aware of the existence of graffiti on any property, a code
compliance officer is authorized upon such discovery to give, or cause to be given, notice to
conceal and abate the graffiti to the property owner or the property owner's agent or
manager, as follows:
(1) Commercial property. For commercial property, the property owner or the property
owner's agent or manager shall abate the graffiti within seven busincsc days 48 hours
from the receipt or delivery of the notice as referenced within this section, except that
etched graffiti shall be completely concealed from public view with an opaque covering
within 48 hours and shall be abated within 20 10 business days from the receipt or
delivery of the notice as referenced within this section.
(2) Noncommercial property. For noncommercial property, the property owner, or property
owner's agent shall abate the graffiti within ten business days 48 hours from the receipt
or delivery of the notice as referenced within this section, except that etched graffiti shall
be completely concealed from public view with an opaque covering within 48 hours and
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shall be abated within 3810 business days from the receipt or delivery of the notice as
referenced within this section.
(c) Such notice shall be given by:
a. Certified mail, return receipt requested to the property owner, or registered agent,
of record (which mailed notice shall be deemed complete and sufficient notice
when so deposited in the United States mail with proper postage prepaid); or
b. er-by Hand delivery by code compliance officer to the owner of record of the
property, any person residing at the property who is above 15 years of age, or the
property owner's agent, manager or other person in charge of the premises, and
informing such person of the contents of the notice described recorded in the
current county tax rolls.; and
(2) Conspicuously posting such notice at the property. "nailed notice shau —deeemed
complete and sufcient notice when so deposited in the United States mail with proper
page pry
(d) The city shall waive painting permit requirements for abating graffiti, subject to the use of the
same, or substantially same, colored exterior paint, provided that the existing paint complies
with all city requirements.
(e) Graffiti abatement shall consist of:
(1) Painting of the entire area defaced by graffiti with paint matching, or substantially
matching, the permitted paint color on the surface, regardless of whether the city has
temporarily abated the graffiti with a different paint color.
(2) Pressure-cleaning or cleaning by any other method that will successfully remove graffiti
from the area defaced by the graffiti without causing damage,-; or
(3) Professional glass restoration or replacement of glass for etched graffiti to completely
remove the graffiti.
(f) The property owner is responsible for ensuring compliance with sections 142-1191 through
142-1193 of the city Gcode and a violation of those sections shall be enforced pursuant to
sections 114-7 through 114-8. In addition, the property owner is responsible for ensuring
compliance with subsections 70-125(a), (b), and (e) and a violation of those subsections
shall be enforced pursuant to chapter 30 of the city Gcode.
Sec. 70-126. Appeal.
(a) A property owner who has been served with the notice set forth in section 70-125 shall elect
either to:
(1) Remove or cause to remove the graffiti within the time specified on the notice; or
(2) Request an administrative hearing before the special master magistrate to appeal the
determination of the inspector which resulted in the issuance of the notice.
(b) An appeal for an administrative hearing shall be held'before the special master magistrate
and sha0 be accomplished by filing a request in writing to set the hearing for review and
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mailed to the code compliance officer or designee not later than two business days after the
service of the notice. The remainder of the appeal procedures, and penalty and lien
provisions, will be in accordance with sections 30-72 through 30-79 of the Code.
Sec. 70-127. Cost of graffiti removal as lien on property; collection foreclosure and sale.
(a) Upon failure of the owner of the property to timely remedy the conditions existing in violation
of section 70 123 70-125, the code compliance officer shall proceed to have such condition
remedied by the city and/or city agent in an effort to abate the nuisance.
(b) City employees and/or the city's agents may enter upon private property to abate the
nuisance pursuant to the provisions of this article. No person shall obstruct, impede, or
interfere with any city employee and/or city's agent whenever said person is engaged in the
work of graffiti abatement pursuant to this article, or in performing any necessary act
preliminary to or incidental to such work as authorized or directed pursuant to this article.
(c) Following corrective action taken by the city or city's agent, the code compliance officer shall
proceed to have all costbj incurred, if such cost(s) remain unpaid, thereof t„ be and become
a lien against sus#the property 30 days after notice of completion of work by the city if ch
costs remain „npa„+or the date the city prevails in any appeal against the property owner,
whichever is later. Said lien shall be of equal dignity with a lien for special assessments, and
with the same penalties and with the same rights of collection,foreclosure, sale and forfeiture
provided for special assessment liens.
* * *
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. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 01 day of -501(n/htr , 2022.
PASSED AND ADOPTED this / ' day of 5'0144 . , 2022.
ATTEST:
SEP 2 1 Dan Gelber, Mayor
2022
Raf el E. ranado, City Clerk-
(Sponsored by Commissioner Steven Meiner) 5o
tLORPNORATED.
Underline denotes additions ,'�'
�ikethrough denotes deletions ", cN•26;_=
. APPROVED AS TO •
FORM & LANGUAGE-
.
OR EXECUTION
City Attorney Date
•
Ordinances-R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 14, 2022
10:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE III, ENTITLED "GRAFFITI," BY
AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING
SECTION 70-125 THEREOF, ENTITLED "RESPONSIBILITY OF
PROPERTY OWNER(S) TO ABATE GRAFFITI; GRAFFITI ABATEMENT
AND NOTICE; ENFORCEMENT," BY AMENDING THE RESPONSIBILITIES
OF PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF
GRAFFITI, THE TIMEFRAME IN WHICH SUCH ABATEMENT MUST BE
ACCOMPLISHED, AND THE NOTICE PROVISION THEREIN; BY
AMENDING SECTION 70-126 THEREOF, ENTITLED "APPEAL," BY
MODIFYING CERTAIN TERMS CONTAINED THEREIN; AND BY
AMENDING SECTION 70-127 THEREOF, ENTITLED "COST OF GRAFFITI
REMOVAL AS LIEN ON PROPERTY; COLLECTION, FORECLOSURE AND
SALE," BY AMENDING THE CITY'S ABILITY TO REMEDY UNABATED
GRAFFITI AND RECOVER THOSE COSTS INCURRED IN REMEDYING
SUCH UNABATED GRAFFITI; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A.
FINANCIAL INFORMATION
The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure, if any, at the July 20,2022 City Commission meeting.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
Page 665 of 1700
to Know" item,,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
Page 666 of 1700
B rE ; :�; H
Cif►of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
Alina T. Hudak, City Manager
r)---
FROM: Rafael A. Paz, City Attorney Second Reading/Public Hearing
DATE: September 14, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE III, ENTITLED "GRAFFITI," BY
AMENDING DIVISION I, ENTITLED"GENERALLY," BY AMENDING SECTION
70-125 THEREOF, ENTITLED "RESPONSIBILITY OF PROPERTY OWNER(S)
TO ABATE GRAFFITI; GRAFFITI ABATEMENT AND NOTICE;
ENFORCEMENT," BY AMENDING THE RESPONSIBILITIES OF PROPERTY
OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI, THE
TIMEFRAME IN WHICH SUCH ABATEMENT MUST BE ACCOMPLISHED,AND
THE NOTICE PROVISION THEREIN; BY AMENDING SECTION 70-126
THEREOF, ENTITLED "APPEAL," BY MODIFYING CERTAIN TERMS
CONTAINED THEREIN; AND BY AMENDING SECTION 70-127 THEREOF,
ENTITLED "COST OF GRAFFITI REMOVAL AS LIEN ON PROPERTY;
COLLECTION, FORECLOSURE AND SALE," BY AMENDING THE CITY'S
ABILITY TO REMEDY UNABATED GRAFFITI AND RECOVER THOSE COSTS
INCURRED IN REMEDYING SUCH UNABATED GRAFFITI; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
The proposed Ordinance(the"Ordinance"),which is sponsored by Commissioner Steven Meiner,
is submitted for second reading/public hearing at the September 14, 2022 City Commission
meeting. The Ordinance, which passed at first reading on July 20, 2022, remains unchanged
between first and second readings.
The occurrence of graffiti in the City has been previously declared a nuisance pursuant to
Section 70-121 of the City Code and is a blight on the City, that also depreciates the value of
the defaced property as well as the surrounding neighborhood. Section 70-121 establishes that
the creation or maintenance of the unauthorized application of paint, ink, chalk, dye, felt tip or
indelible marker, or any non-water soluble substance, or the applying or affixing of other
inscribed or engraved materials, including posters, placards, and flyers of any size and type, on
public or private structures, located on publicly or privately-owned real property in the City, shall
be declared a nuisance. Moreover, the presence of graffiti etching acid, on surfaces which
Page 667 of 1700
Commission Memorandum— Graffiti and Property Owner Abatement Responsibility
September 14, 2022
Page 2
come into contact with the public, poses a health and safety risk. In addition,the prompt removal
of graffiti is the most effective deterrent to its reoccurrence.
Based on the foregoing, the abatement of graffiti is important to preserve the City's aesthetic
beauty and protect the City's image and quality of life for its residents and visitors.
The proposed Ordinance would impose more stringent measures with regard to graffiti
remediation by requiring noncommercial and commercial properties to abate graffiti within 48
hours after receipt of notice from the City (reduced from 7 and 10 business days, respectively),
and by requiring that etched graffiti be completely concealed from public view within 48 hours and
abated within 10 business days from receipt of the notice by both noncommercial and commercial
properties (reduced from 20 and 30 business days, respectively).
The proposed Ordinance also strengthens the notice requirements by mandating that the City
must provide the required notice by certified mail or hand delivery,and by the conspicuous posting
of such notice at the property(whereas the existing Ordinance merely requires that the notice be
sent by certified mail or hand delivery,without requiring any notice to be posted at the property).
Moreover, upon the failure of the property owner to timely comply with the graffiti abatement
provisions of the City Code, the existing Ordinance allows the City (or its agent) to proceed to
remedy such condition and have all costs incurred (if such costs remain unpaid by the property
owner) become a lien against the property 30 days after notice of completion of the work by the
City. However, the proposed Ordinance would add the additional protection for the property
owner by authorizing such unpaid costs to become a lien against the property 30 days after notice
of completion of the work by the City or the date the City prevails in any appeal against the
property owner,whichever is later.
Additionally, based upon concerns raised at first reading, it is important to clarify that the
Ordinance is in no way intended to limit a property owner from obtaining the appropriate permits
or other approvals(such as Design Review Board or Historic Preservation Board)to paint, draw,
post or display any sign, message or design on one's own property, in accordance with the City
Code. Rather, the Ordinance is only intended to impact the unauthorized acts of vandals who
deface (or damage by acid etching) the real property of others, irrespective of the content or
message conveyed in such graffiti.
It is anticipated that these modifications to the graffiti ordinance would serve to preserve the
integrity and aesthetic appearance of the City's commercial and residential neighborhoods,
including its historically designated districts, and also protect the health, safety and welfare of the
general public from hazards posed by etching acid.
RAP/MAF/bhs
Page 668 of 1700