2011-3719 Ordinance ORDINANCE NO. 2011 -3719
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
70 OF THE MIAMI BEACH CITY CODE ENTITLED
"MISCELLANEOUS OFFENSES "; BY AMENDING ARTICLE III,
ENTITLED "GRAFFITI "; BY AMENDING DIVISION I, ENTITLED
"GENERALLY "; BY AMENDING SECTION 70 -126, ENTITLED
"RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE
GRAFFITI; GRAFFITI REMOVAL AND NOTICE;
ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT
OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS;
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 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 in contact with
the public pose a health and safety risk and requires specialized removal techniques to abate;
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 through the prompt removal of graffiti; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods in the City of Miami Beach, 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 and updated terminology with regard to graffiti are needed in
the City Code to serve and protect the best interests of the citizens of Miami Beach and to
promote and maintain the aesthetic appearance of the City, which is an internationally
renowned tourist destination.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Article III, entitled "Graffiti," of Chapter 70 of the Miami Beach City Code, entitled
"Miscellaneous Offenses," is hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE III. GRAFFITI
DIVISION 1. GENERALLY
* * *
Sec. 70 -125. Responsibility of property owner(s) to femove abate graffiti; graffiti M°rc.� oval
abatement and notice; enforcement.
(a) LI Maintenance or allowance of graffiti to exist for more than seven business days, from
the receipt or delivery of the notice to abate graffiti as referenced within this section on a
commercial property, or for more than 10 business days, from the receipt or delivery of
the notice to abate graffiti as referenced within this section on a residential non-
commercial property, is prohibited.
(2) Maintenance or allowance of etched graffiti to exist for more than 20 business days
from the receipt or delivery of the notice to abate graffiti as referenced within this section
on a commercial property, or for more than 30 business days from the receipt or delivery
of the notice to abate graffiti as referenced in this section on a non - commercial property,
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
take corrective action to 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 take corrective action abate the graffiti within
seven business days from the receipt or delivery of the notice as referenced within this
section, except that etched graffiti shall be abated within 20 business days from the
receipt or delivery of the notice as referenced within this section.
(2) Non - commercial property. For non - commercial property, the property owner, or
property owner's agent shall abate the qraffiti within 10 business
days from the receipt or delivery of the notice as referenced within this section, except
that etched graffiti shall be abated within 30 business days from the receipt or delivery of
the notice as referenced within this section.
• (c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery
by code compliance officer to the owner of record of the property described as recorded in the
current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so
deposited in the United States mail with proper postage prepaid.
(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.
2
(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.
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 Code and a violation of this 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 Code.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re- lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the t cit•h day of February , 2011.
PASSED and ADOPTED this 9th day of February , 2011.
ATT ST:
ri AAA Mayor i Herrera y att a era Bower
Robert Parcher, City Clerk
Underline denotes additions and strikc through denotes deletions AR AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 70 of the Miami Beach City Code entitled "Miscellaneous Offenses" by amending Article III,
entitled "Graffiti ", by amending Division I, entitled "Generally ", by amending Section 70 -126, entitled "Responsibility of
Property Owner(s) to Remove Graffiti; Graffiti Removal and Notice; Enforcement ", by amending the responsibilities of
property owners with regard to the abatement of graffiti and amending enforcement provisions.
Key Intended Outcome Supported:
Ensure Well Maintained Infrastructure; Ensure Compliance with Code Within Reasonable Time Frame; Improve Cleanliness
of Miami Beach Rights of Way Especially in Business Areas; & Increase Resident Satisfaction With Level of Code
Enforcement
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Environmental Scan shows that the Number of Warning
Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when
compared to the 2005/06 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses
rated the level of code enforcement and ordinances as excellent or good.
Issue:
Shall the Mayor and the City Commission Approve The Amendments to the Ordinance?
Item Summary /Recommendation:
SECOND READING / PUBLIC HEARING
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the
Neighborhoods /Community Affairs Committee (NCAC) for further discussion on possible amendments to address graffiti
acid - etched on glass. Potential options to handle remediation of acid- etched graffiti on glass were discussed at the May 18,
2009 and June 17, 2009 NCAC meetings. The Committee moved the item forward for development of amendment language
to require private property owners to remove or remediate acid - etched graffiti on glass with a standard (e.g. % of surface
defaced) to be determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There was also discussion regarding
extending the time to abate acid - etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made
to delay enforcement of the abatement requirements for acid - etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. The item was approved on first reading on October 14, 2009. However, following
the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date
for enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the
June 9, 2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and
continued to December 8, 2010 for second reading so that the ordinance would go into effect in January, 2011, as was the
desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since the City Commission
considered this item at first reading, at the December 8, 2010 City Commission meeting, the Administration recommended
referring this item back to the NCAC at its December 14, 2010 meeting for further discussion. At the December 14, 2010
NCAC meeting, the Committee approved moving the discussion for first reading at the January 19, 2011 City Commission
meeting, where it was approved on first reading.
Advisory Board Recommendation:
Neighborhoods /Community Affairs Committee (NCAC) on May 18, 2009, June 17, 2009. Original First Reading on October
14, 2009. Heard at December 8, 2010 Commission Meeting and referred back to NCAC. Approved at December 14, 2010
NCAC.
Financial Information:
Source of Funds: Amount Account
OBPI Total
Financial Impact Summary: The proposed amendment is expected to have a minimal fiscal impact. The City will not be
abating acid - etched graffiti on private property and fines are not automatic and would only be assessed through the Special
Master process.
Sion -Offs:
mate- De • artment Director A - sistant Cit f ana • er Ci Mana • er
T:WGENDA\2011\2 -09 -1 cid- etched Graffiti SUMMAR V. • ea. 'n•4? •
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i /� I B EA H AGENDA ITEM 115
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m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 2011
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 MIAMI BEACH
CITY CODE ENTITLED "MISCELLANEOUS OFFENSES "; BY AMENDING
ARTICLE III, ENTITLED "GRAFFITI "; BY AMENDING DIVISION I, ENTITLED
"GENERALLY "; BY AMENDING SECTION 70 -126, ENTITLED "RESPONSIBILITY
OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI REMOVAL AND
NOTICE; ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI AND
AMENDING ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the Neighborhoods /Community Affairs Committee (NCAC), for further discussion
on possible amendments to address graffiti acid - etching on glass. Potential options to handle
remediation of acid - etched graffiti on glass were discussed at the May 18, 2009 and June 17,
2009 NCAC meetings. The Committee moved the item forward for development of
amendment language to require private property owners to remove or remediate acid - etched
graffiti on glass with a standard (e.g. % of surface defaced) to be determined by the
Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There
was also discussion regarding extending the time to abate acid - etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009,
there was an amendment made to delay enforcement of the abatement requirements for acid -
etched graffiti on glass for at least a year, in Tight of the current economic climate and the
potential costs. The item was approved on first reading on October 14, 2009. However,
following the first reading, the City Attorney's Office advised the Administration that they had
concerns with the deferred effective date for enforcement. The item was opened and
continued a number of times from December 2009 through June 2010. At the June 9, 2010
City Commission meeting, the Administration recommended that the proposed ordinance be
opened and continued to December 8, 2010 for second reading so that the ordinance would
go into effect in January, 2011, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14, 2010 meeting for discussion, and then back to the City Commission on
January 19, 2011 for First Reading. At the December 14, 2010 NCAC meeting, the
Committee approved moving the discussion for first reading at the January 19, 2011 City
City Commission Memorandum
February 9, 2011
Amendment regarding Acid - etched Graffiti
Page 2 of 4
Commission meeting.
BACKGROUND
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the NCAC for further discussion of proposed amendments, including the issue of
requirements for property owners that are the victims of graffiti acid - etching on glass. While
discussing the potential options to handle remediation of graffiti acid - etching on glass at the
May 18, 2009 NCAC meeting, it was discussed that other options exist beyond the
replacement of the affected glass. The Committee requested the discussion return to the
NCAC with more information on the removal and prevention of acid - etched graffiti on glass.
In addition, the 2009 Environmental Scan shows that the Number of Warning Notices for
Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by
16.9% when compared to the 2005/06 Base Year. The 2009 Community Survey Suggests that
64% of residents and 68% of businesses rated the level of code enforcement and ordinances
as excellent or good.
ANALYSIS
During the June 17, 2009 NCAC meeting, the Committee reviewed and discussed additional
information provided by staff. This included the information below regarding prevention,
removal and replacement.
Prevention
Two (2) south Florida companies were identified that offer anti - graffiti films that can be
placed on the glass to serve as an external (sacrificial) barrier. Typically, these anti -
graffiti films use a different adhesive than other types of protective films and do not
require scraping to remove the film from the glass. This helps avoid scratches to the
glass during the removal process. At that time, installation costs from local companies
varied from $4 - $9 per square foot (sf). This cost variation is due to the cost of the
materials (which is based on the manufacturer), the thickness of the film, the total
amount of glass being covered, and the company doing the installation. Vendors
claimed that added benefits of utilizing this type of barrier include blocking heat, glare,
and a high percentage of damaging ultraviolet rays. Based on the pricing as
described above, the cost to cover a 4x8 sheet of glass would vary from $128 to $288.
Removal
Three (3) south Florida companies were identified that offer services to remove acid -
etched graffiti from glass. The three (3) companies all stated they were able to
remove acid - etchings, free of distortion, on almost any kind of acrylic or glass surface,
including tempered glass. While all three companies quoted an hourly rate ranging
from $65 - $80, there was a substantial difference in the amount of time estimated to
complete a similar job. In the example provided to the vendors, assuming a window
with dimensions of 4x8 is defaced with acid - etching of one foot high letters covering a
length of four feet across, two (2) of the companies estimated 1 -2 hours for removal,
while the third estimated 6 hours for removal. Based on the above pricing, the cost to
treat the glass would vary between $97.50 (1.5 hours x $65) and $390 (6 hours x $65).
Replacement
Four (4) local glass replacement companies were contacted and asked to provide an
estimate to replace a 4x8 sheet of glass. Estimates for non - impact resistant glass
ranged from $380 - $480, while impact resistant glass replacement estimates ranged
from $1,440 - $1,600.
City Commission Memorandum
February 9, 2011
Amendment regarding Acid- etched Graffiti
Page 3 of 4
Staff also found that minimum charges are $50 - $75 for glass restoration, and response time
from the repair companies is two (2) to three (3) business days.
The Committee moved the item forward with a recommendation for the development of a
requirement to remove or remediate acid - etched graffiti on glass tied to a standard that
incorporates a formula, such as when greater than 25% of the glass surface (or some
designated square footage to be determined by the Administration) was damaged by acid -
etched graffiti. Additionally, the Administration was to explore whether the City can utilize the
Building Department's application fee excess funds to subsidize the cost of installing
protective film for business owners, and the City Attorney's Office was to explore the
possibility, under the First Amendment, if obscenity and offensive symbols could be given a
heightened requirement for removal (e.g. must be remediated faster). There was also
discussion regarding extending the time given to the affected property owner to abate acid -
etched graffiti on glass, since coordinating the abatement might require more time than, for
example, painting over graffiti. The time for compliance regarding acid - etched graffiti is
extended in the proposed ordinance from seven (7) to twenty (20) business days for
commercial property, and from ten (10) to thirty (30) days for non - commercial property.
The current graffiti ordinance was not intended to provide fines for failure by a property owner
to remediate graffiti within the required period. In instances when the graffiti is paint or
marker, and it has not been removed within the required time (7 days commercial; 10 days
residential), the City will remediate the graffiti and bill the private property owner. However,
there are unique instances when City staff remediation of painted graffiti may not be possible
or advisable. In the case of acid - etched glass graffiti on private property, the City will not
remediate this type of graffiti. As such, as an avenue to compel compliance for removal of
acid - etched glass graffiti, or those unique circumstances when remediation of typical graffiti
may not be possible by City staff, it is proposed that non - compliance of graffiti remediation as
required by ordinance be handled through the Special Master process, and fines under
Chapter 30 would apply as provided for in the amended language in 70- 125(f).
Additionally, the City Attorney's Office has advised that a different standard for obscenity or
offensive material is not recommended. They have also advised against establishing a
different standard for acid - etched graffiti in terms of identifying a minimum square footage that
would trigger remediation. Therefore, those provisions were not included in the proposed
ordinance approved on first reading in October 2009 and is not included now.
The Building Department's fee excess funds must be used for Building Department expenses
and are not eligible to be used for subsidizing the cost of installing protective film for business
owners.
PROPOSED ORDINANCE AMENDMENT
The proposed amendment modifies Sec. 70- 125(b) to require abatement (repair,
rehabilitation, demolition or removal) as opposed to simply corrective action (remove or
effectively obscure) which applies to all other types of graffiti, and extends the time for
abatement for acid - etched graffiti on commercial property to twenty (20) business days and on
non - commercial property to thirty (30) business days.
Section 70- 125(f) is modified so that the provisions associated with acid - etched graffiti on
glass in Sections 70- 125(b) and (e)(3) are enforced through Chapter 30 of the City Code.
City Commission Memorandum
February 9, 2011
Amendment regarding Acid - etched Graffiti
Page 4 of 4
During discussion of the ordinance on first reading at the City Commission meeting on
October 14, 2009, there was an amendment made to delay enforcement of the abatement
requirements for acid - etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. However, following the first reading, the City
Attorney's Office advised the Administration that they had concerns with the deferred effective
date for enforcement. The Administration recommended that the proposed ordinance be
opened and continued to December 8, 2010 for second reading so that the ordinance will go
into effect in January, 2011, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14, 2010 meeting for further consideration. At the December 14, 2010 NCAC
meeting, the Committee approved moving the ordinance for first reading at the January 19,
2011 City Commission meeting where it was approved and moved for second reading / public
hearing at the February 9, 2011 City Commission meeting.
FISCAL IMPACT
The fiscal impact from the amendment is expected to be marginal. The City will not be
abating acid - etched graffiti on private property and fines are not automatic and would only be
assessed through the Special Master process.
CONCLUSION
The proposed draft ordinance was developed by the Administration together with the City
Attorney's Office pursuant to instruction from the Neighborhoods /Community Affairs
Committee. The amendment extends the compliance time for abatement of acid - etched glass
graffiti, and provides for enforcement under Chapter 30 of the City Code should graffiti, and in
particular acid - etched graffiti on glass, not be abated within the timeframes provided for
pursuant to the ordinance.
JMG /HMF /JGG /KT /RSA
T:\AGENDA\2011\2- 09- 11\Acid- etched graffiti MEMO 2nd Reading.doc