Loading...
93-2843 Ordinance ORDINANCE NO. 93-2843 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "03FENSES-MISCELLANEOUS" BY ADDITION OF SECTION 25-81, ENTITLED, "UNAUTHORIZED SIGNS ON PUBLIC PROPERTY PROHIBITED; ENFORCEMENT; PENALTIES," PROHIBITING THE PLACING OF UNAUTHORIZED SIGNS ON PUBLIC RIGHT-OF-WAY, PROVIDING ENFORCEMENT PROCEDURES, PROVIDING FOR CIVIL FINES FOR VIOLATIONS, APPEALS OF VIOLATIONS, PROVIDING THAT UNPAID FINES SHALL CONSTITUTE LIENS WHICH MAY BE FORECLOSED; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the unauthorized placement of signs, posters and advertisements on public property and upon objects located within the public right-of-way creates visual clutter and threatens the safety of pedestrians by competing for the attention of pedestrians and vehicular traffic; and WHEREAS, the provisions contained herein will improve public safety and enhance the appearance and economic well-being of the city of Miami Beach. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. ADDITION OF SECTION 25-81. That Miami Beach city Code Chapter 25 entitled, "Offenses- Miscellaneous" is hereby amended by addition of Section 25-81 to read as follows: Sec. 25-81. placinq of siqns on public property and sidewalks prohibited; exemptions; enforcement; penalties. igl It shall be unlawful for any person to place, post or affix any siqn upon a public buildinq, fence, wall. boardwalk, pole or other obiect or structure or upon a sidewalk or obiect located upon a sidewalk located wi thin the city of Miami Beach. iQl For purposes of this section the followinq words shall have the followinq meaninqs: .ill "Siqn" shall mean any handbill, poster, advertisement, or other written or printed messaqe or other communication. m.. "sidewalk" shall mean the area located between a curb line or lateral line of a street and the adjacent property line and which is intended for use by pedestrians. ill "Public" shall mean owned. operated or controlled by a qoyernmental entity. lQl Exemptions. The followinq shall be exempt from paraqraph (a) herein: ill Siqns authorized bY the city pursuant to Subsection 9-3.C.l of Zoninq Ordinance No. 89-2665 as amended. i2l Official traffic siqns, information siqns and warninq siqns erected by a qoyernmental aqency and temporary siqns indicating danqer. .ill.. Historical markers approved bY the city of Miami Beach Historic Preservation Board. iQl Enforcement bY Code inspectors: notice of violation. If a code inspector as defined in chapter 9B of the Miami Beach city Code finds a violation of this article. said inspector shall issue a notice of violation to the violator as provided in chapter 9B. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for payinq the fine, notice that the violation may be appealed by requestinq an administrative hearinq within twenty (20) days after service of the notice of violation, and that failure to do so shall constitute an admission of the violations and waiver of the riqht to a hearing. 19l civil fines for violators. The followinq civil fines shall be imposed for each violation of this article: ill First offense: $50 i2l Second offense: $250 .ill.. Third offense: $500 iil Riqhts of violators: payment of fine: riqht to appeal: failure to pay civil fine, or to appeal. ill A violator who has been served with a notice of violation 2 shall elect either to: ill Pay the civil fine in the manner indicated on the notice: or (ii) Request an administrative hearinq before a special master appointed bv the citv Commission upon recommendation of the city Manaqer to appeal the decision of the code inspector which resulted in the issuance of the notice of violation. ~ The procedures for appeal by administrative hearinq of the notice of violation shall be as set forth in section 20-43 and 20-44 of the Miami Beach city Code. idl If the named violator after notice fails to pay the civil fine or fails to timelY request an administrative hearinq before a special master, the special master shall be informed of such failure by report from the code inspector. Failure of the named violator to appeal the decision of the code inspector within the prescribed time period shall constitute a waiver of the violator's riqht to administrative hearinq before the Special Master. A waiver of the riqht to an administrative hearinq shall be treated as an admission of the violation and penalties may be assessed accordinqlY. 1il Any party aqqrieved by the decision of a special master may appeal that decision to a court of competent iurisdiction. i9l Recovery of unpaid fines: unpaid fines to constitute a lien: foreclosure ill The city of Miami Beach may institute proceedinqs in a court of competent iurisdiction to compel payment of civil fines. ~ A certified COpy of an order imposinq a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or ?ersonal property owned bY the violator and it may be enforced in the same manner as a court judgment by the sheriffs of the this state. includinq levy against the personal property, but shall not be deemed to be a court iudqment except for enforcement ?urposes. After two 3 (2) months from the filinq of anv such lien which remains unpaid. the citv of Miami Beach mav foreclose or otherwise execute upon the lien. ~ mll:.:::'Ii:2.j~llwli':':g~'giiJi~~illi(g~~'~I)~:.~~)~:,.t.i)::'~p~:":~g):i \iliiiMb::{::W:::::::::iir;;;;d::,;:itWWf.;:!famdri#:lij1:::::::::"K::::Ma~#:;iH$#:1RhE::WdW;fi1A't:WA+<h:::ktAhlit M~~~*~f::::::~:~~::::~:::::~*~:!#~~!m~Mffi~~:!:!:!:!:~*:::::~::~ffi:~:~:AA:~~~:~!~~.~:~:::::::~~~ffi~::~Mffi~:::::::::*ffi:::::::::~:*~:~ffi ~P.I.':::::::::~;:~ilg~W~PI:""Ii\gg~~a~ii':';~~"I~Elnlt1:!I~i.:~lg:~i:"'I'gQip~ Q~IID.i'lg~~' SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption. 1st reading 2nd reading -- PASSED and ADOPTED this 21st ATTEST: SWS:scf:disk3\sign-off.ord . fORM APIlRqVED /) LE~ 9fl'T.~ &.j:a:<~ . , 7t%'if Date ~}f'ir Ii - / 5 - <(3 4 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. dO~-93 TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 21, 1993 FROM: SUBJECT: RBVISIONS TO MISCBLLANBOUS OFFBNSBS--CHAPTBR 25 OF THE CITY CODB REGARDING UlfAUTHORIZBD SIONS ON PUBLIC PROPBRTY Administrative Recommendation The Administration recommends the adoption of this proposed amendment on second reading of Section 25-S1 pertaining to the prohibition of unauthorized signs on public property. Analvsis: Sect. 25-S1(a) prOhibits any person to place or post any sign upon a public building, fence, wall, boardwalk, pole or other object or structure or upon a sidewalk. Sect. 25-S1(c) Sect. 25-S1(d) provides for definitions of sidewalk, and public. provides for exceptions. provides for enforcement and notices of violation, appeal time, and the rights of hearings. sign, Sect. 25-S1 (b) Sect. 25-S1(e) Sect. 25-S1(f) provides for civil fines for violators. provides for rights of violators, payment of fines, rights to appeal, and failure to pay fines. Sect. 25-S1(g) recovery of unpaid fines, liens, and foreclosure. CONCLUSION The accumulation of unauthorized signs on public property are detrimental to our existence as a tourist mecca. This proposal provides procedures and fines to eliminate the visual clutter that threatens the safety of pedestrians and our economic well being. 47 AGENDA ITEM R- 3-F 4-2 J~ q3> DATE