Ord. No. 25-07-1926WHERE AS, graffiti on public and private property is a blighting factor, which
not only depreciates the value of the property that has been the target of such malicious
vandalism, but also depreciates the value of adjacent and surrounding properties; and in
doing so negatively impacts the entire coinmunity; and,
'WHEREAS, the Mayor, and City Commission finds and determines that graffiti is
a nuisance, and unless it and other inscribed materials are removed from public and
private property, it tends to remain; and other properties are then the target of graffiti with
the result that entire neighborhoods and, indeed, the connnunity at large suffers and
experiences a depreciation in value and is made a less desirable place to be; and,
WHERE AS, the Mayor and the City Commission, therefore, finds and
detennines that it is appropriate= that the City of South Miami provide an Ordinance for
removal of graffiti and other inscribed materials fi-om both public and private property;,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 15 of the City's Code of Ordinances entitled "OFFENSES
AND MISCELLANEOUS PROVISIONS" is hereby amended, by creating Section 15-
100 to state as follows:
15-100. Malicious defacement, marking of real property.
(a) Notwithstanding any City Code provision to the contrary, it shall be
unlawful for any person to maliciously, wantonly or without the knowledge and consent
of the owner to mark, deface, damage or destroy by writing, painting or drawing any
inscription, figure or mark of any type on the exterior or interior, including walls and
Pg.2 of Ord. No. 25-07-1926
appurtenances, of any public or private building, telephone booth, bus bench, public way,
church, synagogue, or school.
(b) Notwithstanding any City Code provision to the contrary, it shall be
unlawful for any person to willfully or maliciously affix or attach by any means
whatsoever upon or in any place of abode, municipal recreational area or facility, office,
telephone booth, bus bench, store, public building or way, church, synagogue, school or
other building constructed or used for religious or educational purposes; or upon any wall
or appurtenance thereof. any paint, felt-tip, indelible marker, crayon, chalk, ink, sign,
poster placard, adhesive stickers, or any implement containing non-water-soluble fluid
with unlawful intent. Unlawful intent shall mean:
0 To damage, deface, design, mark or defile such place of abode, municipal
recreational area or facility, telephone booth, bus bench, office, store, public building or
way, church, synagogue, school or other building constructed or used for religious
educational purposes; or
(2) To defame with words or symbols any person occupying or using same.
(c) Notwithstanding any City Code provision to the contrary, no person shall
intentionally deface without authorization of the owner or tenant any private or public
premises or property priniarily used for religious, educational, residential, memorial,
recreational, charitable, cemetery or utilitarian purposes, or for assembly by persons of a
particular race, color, creed, sexual orientation or religion, by placing material thereon,
including symbols, objects, caricatures, an appellation, a burning cross or a Nazi
swastika, or graffiti thereby exposing or tending to expose another to risk of violence,
contempt or hatred on the basis of race, color, sexual orientation, creed, or religion.
(d) Notwithstanding any City Code provision to the contrary, violation of
subsections (a), (b), and (c) of this section shall be punishable by a fine of not more than
$250.00 for a first offense and a fine not to exceed $500.00 for a second or each
snbsequent offense,
(e) Whenever the City becornes aware of the existence of graffiti on any
property, including structures or improvements within the City, a code enforcement
officer is authorized, upon such discovery, to give, or cause to be given, notice to remove
or effectively obscure such graffiti within the tirrie period enuirierated in the notice, to the
owner, agent or manager who shall cause the graffiti to be removed or effectively
obscured by any means so long as it is completely obliterated, painted or touched up with
the same or similar color of existing paint and/or texture of the original wall, fence,
siding or part of the structure afflicted. Persons needing infortriation and/or assistance in
curing a graffiti violation may contact the Metropolitan Dade County "graffiti hotline."
Persons not responsible for causing graffiti but responsible for curing it, �Nvho cannot
afford to obliterate, paint or touch up such graffiti with the same color of existing paint of
the original wall, fence, siding or pail of the structure affected and who receive paint or
assistance from the Metropolitan Dade County agency known as "graffiti hotline" shall
Pg. 3 of Ord. No. 25-07-1926
obliterate, paint or touch -up graffiti on the property with paint as similar in color as can
be provided to the wall, t"ence, siding or part of the structure afflicted.
(f) It shall be unlawful for any person or firm owning property, acting as
manager or agent for the owner of property, or in possession or control of property to fail
to remove or effectively obscure any graffiti from such property within 30 days from
receipt of the notice described in paragraph (e) or within the time period enumerated in
the notice, whichever is later. If the person or firm owning such property, acting as
manager or agent for the owner of such property, or in possession or control of such
property, fails to remove or> effectively obscure the graffiti Nvithin the time period
enumerated above, the City- shall issue a citation pursuant to SectiorL 2-25 of the Code of
Ordinances and fines shall be assessed against the property until it comes into
compliance.
(g) Ai-iy person or firn-i owning property, acting as agent or manager for the
owner of such property, or in possession or control of such property, who colim-lits a
violation of paragraph (e) above, shall be punished by a fine of $250.00 for a first
offense, and $500.00 per offense, thereafter.
(h) In an appeal to the Special Master, the Special Master may take into
consideration, when deciding to mitigate the fine amount, the efforts taken by the
violator, if any, to remove or effectively obscure the subject graffiti in a timely manner
and how often the violator has been victimized by graffiti during the preceding calendar
year. The provisions of this section shall not apply to a property owner, manager, agent,
or possessor of property if, in the sole determination of the Special Master, such property
owner, agent, manager, or possessor has been victimized two or more times by graffiti
within any calendar year, and, during such time, has removed or effectively obscured
such graffiti from the property in a timely manner.
(i) The City may institute a civil action in a court of competent jurisdiction to
recover compensatory and punitive damages, including reasonable costs and expenses,
for any damage caused to City-owned property located within the City limits of South
Miami as a result of violations of subsection (a), (b) or (c) of this section.
PASSED AND ADOPTED this day of , 2007.
AT TEST: APPROV JIM11,
-C-I—T CLERK- MAYOR
I" Reading ")5/21/07
2nd Reading' 9 /4/07
Pg. 4 of Ord. No. 25-07-1926
COMMISSTON VOTE 5-0
M: Mayor Feliu: Yea
Vice Mayor Wiscombe: Yea
Commissioner Birts: Yea
Commissioner Palmer: Yea
Cortunissioner Beclanan: Yea
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MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal holidays
Miami, Miami -Dade County,; Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADS;
Before the undersigned authority personally appeared
O.V. <I -ERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miarni -Dade
County, Florida, that the attached copy of advertisement;
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING FOR 0/4/2007
ORD. RELATING TO GRAFFITI, AMENDING CHAPTER 15, ETC',
in the XXXX Court,
was published in said newspaper in the issues of
08/24/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says; that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing Jl;iis advertispme€ l for publication in the said
Sworn to and subscribed before me this
24 day of AUGUST , A.D. 2007
(SEAL)
O.V. FERBEYRE personally known to me-
,,vi pp, Cheryl H Marmer
my Commission DD330550
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J fe Expires ,July 18, 2000
a•h • +w• e � �r s
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tlr•r � r •'®
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE
LAND DEVELOPMENT CODE BY INCORPORATING A NEW
PERFORMANCE STANDARDS FOR TWO -STORY SINGLE
FAMILY STRUCTURES AND TWO-STORY ADDITIONS ";
PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM
YARb SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING::
LIEICHT, MAXIMUM BUILDING COVERAGE, MAXIMUM
IMPERVIOUS COVERAGE;- ARCHITECTURAL AND
SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS;
PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT,
AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
FOR A VARIANCE FROM SECTION 20- 4.9(1) AND SECTION
2043(K)(1) OF THE LAND DEVELOPMENT CODE TO
PERMIT A NON - CONFORMING SIGN WITH NEW COPY TO
REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394.96 S.
DIXIE HIGHWAY IN THE "GR" GENERAL RETAIL ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
If you have any inquiries on the above items please :contact the City
Clerk's office at: 305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
publicthat if a person decides to appeal any decision made by this Board,
Ardency or Commission with respect to any 'matter considered at its
meeting or hearing, lie or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure thata verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based.
8124 07-3- 761879882M
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ENGINE REI UILLER
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COURTESY WTOCE
ETV OF SOUTH PRIAMI, FLORODA ,
On Tuesday, September 4, 2007, beginning at 7:30 p.ni in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following itelrrss
AN ORD114ANCE AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS
PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT,
MARRING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS.
AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12
ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR
THE CITY OF SOUTH MIAMI,
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW
SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE - STANDARDS FOR
TWO -STORY SINGLE FAMILY STRUCTURES AND TWO-STORY ADDITIONS "; PROVIDING
STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM
BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE;
ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS.
A RESOLUTION RELATING TO A P,EOUEST FOR A VARIANCE FROM SECTION 20- 4.3(l) AND
SECTION 20- 4.3(K)(1) OF THE LAND DEVELOPMENT CODE TO PERMITA NORM - CONFORMING SIGN
WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S; DIXIE HIGHWAY
IN THE "GR GENERAL RETAIL ZONING DISTRICT
If you have any inquiries on the above items please contact the City Clerk's office at; 305- 603 -6326.
ALL interested parties are invited to attend and will be heart]
Mlaria IVI. It mnonttez, CIIgC `
Gill( Clerk
Pursuant to Florida Statutes 286.0105, the City hereby adyises the gublfc that it a parson decides to appeal any decision made by
this Board. Aoencv or Cbmm?ssion with resoect to ary matter considered at its meating or hearing, he or she will need a record of
wNch record includ
he based,
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1051 E 27 St, Hialeah, FL 33013
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COURTESY WTOCE
ETV OF SOUTH PRIAMI, FLORODA ,
On Tuesday, September 4, 2007, beginning at 7:30 p.ni in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following itelrrss
AN ORD114ANCE AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS
PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT,
MARRING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS.
AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12
ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR
THE CITY OF SOUTH MIAMI,
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW
SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE - STANDARDS FOR
TWO -STORY SINGLE FAMILY STRUCTURES AND TWO-STORY ADDITIONS "; PROVIDING
STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM
BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE;
ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS.
A RESOLUTION RELATING TO A P,EOUEST FOR A VARIANCE FROM SECTION 20- 4.3(l) AND
SECTION 20- 4.3(K)(1) OF THE LAND DEVELOPMENT CODE TO PERMITA NORM - CONFORMING SIGN
WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S; DIXIE HIGHWAY
IN THE "GR GENERAL RETAIL ZONING DISTRICT
If you have any inquiries on the above items please contact the City Clerk's office at; 305- 603 -6326.
ALL interested parties are invited to attend and will be heart]
Mlaria IVI. It mnonttez, CIIgC `
Gill( Clerk
Pursuant to Florida Statutes 286.0105, the City hereby adyises the gublfc that it a parson decides to appeal any decision made by
this Board. Aoencv or Cbmm?ssion with resoect to ary matter considered at its meating or hearing, he or she will need a record of
wNch record includ
he based,