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and the same are hereby repealed.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
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2
3
OFFICE OF THE CITY ATTORNEY
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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.
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AGENDA R- 3- C
ITEM
DATE ' ( �Y V
OO\ 'ELATION; CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH FLORIDA 33139
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