C4B-Ref- LUDC And PB - Amend Ch 138 Vacant Storefront Covers And Signs -Griecog MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Commissioners
FROM: MichaelGrieco,Commissioner
DATE: October 14,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 138 OF THE MIAMIBEACH CITY CODE, ENTITLED ''SIGNS,''
ARTICLE IV ENTITLED "TEMPORARY SIGNS," ATsEcTtoN 138-140 ENTITLED "VACANT
STOREFRONT COVERS AND SIGNS" TO
MANDATE THAT ALL VACANT STOREFRONT
WINDOWS AND DOORS BE WRAPPED IN NON.
COMMERCIAL PAPER DESIGNS; PROVIDING FOR
ENFORCEMENT AND PENALITIES; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
Please refer this item to the Land Use and Development Committee and the Planning Board. I
would like to modify Section 138-140, of the City Code to require wrapping empty storefronts.
A copy of the proposed draft is attached.
lf you have any questions please contact Danila Bonini at Ext 6457.
We ore commitlecl lo pn>viding excellent publi:.: service ond solely t6 cll 'vvho live, work, ond ploy in our vibront, /ropiccri, On"nda ltgm C qB
oate /o-/{-/5-176
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138
OF THE MIAMI BEACH CIry CODE, ENTITLED ''SIGNS,''
ARTICLE IV ENTITLED "TEMPORARY SIGNS," AT SECTION 138.
140 ENTITLED "VACANT STOREFRONT GOVERS AND
SIGNS'' TO MANDATE THAT ALL VACANT STOREFRONT
WINDOWS AND DOORS BE WRAPPED IN NON.
COM M ERC IAL PAPER DESIG N S; PROVIDING FOR
ENFORCEMENT AND PENALITIES; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILIW, AND AN EFFECTIVE
DATE.
WHEREAS, on May g, 2012, the City Commission enacted Ordinance No. 2012-
3767, creating Section 138-140 of the City Code, as the Commission was concerned
with the possible appearance of blight due to vacant storefront displays, and the
Commission declared that it was in the interest of the public health, safety and welfare,
and the interest of the citizens of Miami Beach, to establish policies, regulations, and
standards relating to vacant storefront windows and doors; and
WHEREAS, the City Commission found that vacant storefronts create blighted
economic and social conditions contrary to the viable and healthy economic, aesthetic,
and social fabric that the City has cultivated and encouraged in its commercial zoning
districts; and
WHEREAS, to encourage and regulate the screening of the interior of vacant
storefronts with aesthetically compatible and attractive material, to obscure the
deteriorated or deconstructed conditions of vacant storefronts, and to allow temporary
signs to be included on this material, the City Commission created temporary sign
criteria for wrapping and obscuring vacant storefronts from the community; and
WHEREAS, the City Commission believes it is in the best interest of the
community to mandate the wrapping of vacant storefronts, rather than to leave this
decision to the storefront owner; and
WHEREAS, the City Commission also believes it is in the best interest of the City
to create an enforcement mechanism and penalties for violations of this requirement;
and
WHEREAS, the City Commission desires to amend Chapter 138, Article lV, at
Section 138-140 to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
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SECTION 1. That Chapter 138, entitled "Signs," Article lV entitled "Temporary Signs" at
Section 138-140, entitled "Vacant storefront covers and signs," of the Miami Beach City
Code is hereby amended as follows:
CHAPTER 1 38
:'o.*r.
ARTICLE IV. TEMPORARY SIGNS
Sec. 138-140. Vacant storefront covers and signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions
contrary to the viable and healthy economic, aesthetic and social fabric that the city has
cultivated and encouraged in its commercial zoning districts. The purpose of this section
is to encourage and regulate the screening of the interior of vacant storefronts with
aesthetically compatible and attractive material, to obscure the deteriorated or
deconstructed conditions of vacant storefronts, and to allow temporary signs to be
included on this material.
(b) Definition. For purposes of this section, a vacant storefront is any ground floor
business establishment that is unoccupied.
(c) Applicability. The requirements of this section apply only to the ground floor
windows and doors of vacant storefronts that face a public right-of-way. lf a commercial
property is vacant for more than 15 davs. all qlass surfaces visible to the public shall be
kept clean, and the interior of such vacant store shall be screened from public view in
one of the followino wavs, until the property is occupied:
All qlass surfaces visible from the public rioht-of-wav shall be covered as
provided in subsection (e): or
All olass surfaces visible from the public riqht-of-way shall be covered as
provided in subsection (fl.
(d) Sforefront window cover pemitteC required for vacant storefronts. Exterior Winelews
windows and doors on vacant commercial propertv may shall be completely screened
with an opaque material obscuring the interior. The materials used to satisfy this
requirement shall be subject to review and approval by the planning department design
review staff, in accordance with applicable design review and historic preservation
criteria, and shall consist of 60-pound weight paper, or similar opaque material.
Windows covered in accordance with this section shall may remain covered until
(])
(A
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issuance of a certificate of use or occupancy for the new occupant, whichever occurs
first. lf the owner of vacant commercial propertv elects not to utilize one of the siqns
identified in subsection (e). the owner shall utilize the window covers identified in
subsection (fl.
(e) Temporary signs permitted. Material applied to windows in conformity with this
section shall not contain general advertising signs or other prohibited sign types. Such
material may contain signs that comply with the regulations of this chapter, as follows:
(1) Artistic or super graphics in accordance with section 138-204,
which may cover 100 percent of the window; and
(2) Other types of signage allowed by this chapter, including real estate
signs in accordance with section 138-136, and construction signs in
accordance with section 138-133; signage under this provision may
be incorporated into artistic or super graphics as referenced in (1)
above,; however;lhe text of such signage shall be limited to no
more than 25 percent of the total window area of the vacant
storefront.
(Q The desiqn and material of all proposed siqns under this subsection
(e) shall require review bv the planninq department desiqn review
staff, in accordance with applicable design review and historic
pleservation criteria.
(0 City-provided storefront cover. The city maplso shall produce and provide
preapproved storefront covers, for a charqewith @, to eneeu+age-{he
coverage--ef vacant storefronts not complvinq with subsection (d) above. Gevers
(g) Penalfies and enforcemenf. Each day of noncomoliance shall constitute a
separate offense. The code compliance department is empowered and authorized to
require compliance with this section within 30 davs of written notice to violators.
(1) The followinq civil fines shall be imposed for a violation of this section:
a. First violation within a 12-month period: $ 250.00:
b. Second violation within a 12-month period: 2,000.00:
c. Third violation within a 12-month period: $ 3.000.00:
d. Fourth or subsequent violation within a 12-month period: $
5.000.00.
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(2) Enforcement. The code compliance department shall enforce this section.
The notice of violation shall inform the violator of the nature of the violation,
amount of fine for which the violator is liable. instructions and due date for pavinq
the fine, that the violation may be appealed bv requestinq an administrative
hearinq before a special master within ten (10) days after service of the notice of
violation, and that the failure to appeal the violation within ten (10) days of
service shall constitute an admission of the violation and a waiver of the right to a
hearinq.
(3) Rishts of violators: payment of fine: riqht to appear: failure to pay civil fine
or to appeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect
to either
!= pay the civil fine in the manner indicated on the notice of
violation: or
ii. request an administrative hearinq before a special master to
appeal the notice of violation, which must be requested
within ten (10) davs of the service of the notice of violation.
b. The procedures for appeal by administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearinqs must be accompanied bv a fee as approved bv a
resolution of the city commission. which shall be refunded if the named
violator prevails in the appeal.
c. The failure to pav the civil fine. or to timely request an
administrative hearing before a special master, shall constitute a waiver of
the violator's riqht to an administrative hearinq before the special master,
and shall be treated as an admission of the violation, for which fines and
penalties shall be assessed accordinqly.
d. A certified copy of an order imposing a fine mav be recorded in the
public records, and thereafter shall constitute a lien upon anv real or
personal propertv owned bv the violator, which may be enforced in the
same manner as a court iudqment by the sheriffs of this state. including
lew aoainst the violator's real or personal propertv, but shall not be
deemed to be a court judqment except for enforcement purposes. Three
(3) months after the recordinq of any such lien which remains unpaid, the
citv may foreclose or othenarise execute upon the lien. for the amount of
the lien plus accrued interest.
e. The special master shall be prohibited from hearins the merits of
the notice of violation or considerinq the timeliness of a request for an
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administrative hearinq if the violator has failed to request an administrative
hearinq within ten (10) davs of the service of the notice of violation.
f. The special master shall not have discretion to alter the penalties
prescribed in this section.
q. Any partv aqqrieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
SECTION 2. 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 Code of the City of Miami Beach, Florida. 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.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underline = new language
S+ike$rcugh = deleted language
[Sponsored by Commissioner Michael Grieco]
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
---Doie
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