26South Miami
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CITY OF SOUTH MIAMI 1 r
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Member of the City Commission
Via: Roger M. Carlton, Acting City MRnager
From: Thomas J. Vageline Director
Planning and Zoning Departmen
Date: April 6, 2010 Item No..
Subject: An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the South Miami Code of Ordinances in order to remove existing Section 15 -100
entitled "Malicious defacement, marking of real property" and creating a new Section 15 -100
entitled "Graffiti and graffiti removal' which contains the following sections; definitions;
prohibited activity; possession of spray paint and markers; anti - graffiti trust fund; declaration of
nuisance; responsibility of property owners, graffiti removal and notice; appeals; failure to comply,
cost of removal, liens, foreclosures; disputing assessed costs; providing for severability; providing
for ordinances in conflict; and providing for an effective date.
SUMMARY
The City of South Miami has recently experienced a significant increase in graffiti not only on buildings,
structures, walls, fences but more recently on non - permanent structures such as trailers, dumpsters, traffic
signs, barricades, utility poles, traffic signal boxes, and construction equipment. In order to respond to this
specific expansion of the graffiti problem an amendment to Section 15 -100 of the City Code ( "Malicious
defacement, marking of real property ") was drafted. The amendment ordinance was adopted by
Ordinance No. 05 -10 -2030 on February 2, 2010. It was a small text amendment which added the wording
"personal property" to the list of locations on which graffiti would be prohibited. The time period
requirement to remove graffiti after a violation notice was also reduced from 30 days to 72 hours.
However, during the review of this City Code section it was determined the regulations needed to be up-
graded and additional enforcement provisions added.
PROPOSED AMENDMENT
In order to respond to graffiti concerns the City Manager appointed a Graffiti Task Force consisting of
City staff and a City resident with the charge of recommending improved methods to combat graffiti. The
Task Force members include Bobby Richardson and Larry Corbin (Police Department), Tom Vageline
and Sandy Youkilis (Planning and Zoning Department), Sharon McCain, Rudy De la Torre (Public
Works), Maria Stout -Tate (Parks and Recreation), and Carmine Quinn (Code Enforcement).
It was agreed by the Task Force that Section 15 -100 of the Code needed to be changed in order to respond
to the expanding graffiti problem. The Task Force agreed that the existing section needed to be removed.
A new section has been prepared in ordinance format and it would replace the current regulations. The
new section to be entitled "Graffiti and graffiti removal" contains many of the provisions set out in Article
IV, Section 34- 108 -115 of the Coral Gables City Code, which the Task Force felt was a superior
document.
2
A new section has been prepared in ordinance format and it would replace the current regulations. The
new section to be entitled "Graffiti and graffiti removal" contains many of the provisions set out in Article
IV, Section 34- 108 -115 of the Coral Gables City Code, which the Task Force felt was a superior
document.
In summary, the proposed regulations contain definitions and expands the declaration of prohibited
activity, including possession of spray paint and markers by minors. Parents of minors or legal guardians
would be liable for payment of all fines. The new ordinance would provide an award of up to $500 for
reporting graffiti. An anti - graffiti trust fund is established. The basic requirement of removing graffiti
within 72 hours after receipt of notice is maintained. An appeal process to the City's special master is
established, and if a violation is substantiated by the special master the violator will be responsible to pay
all fines accumulated daily from the time that the violation was first observed by City personnel. The
City's ability to remove graffiti by the use of liens and foreclosures is expanded.
RECOMMENDATION
The Task Force is to be commended for its first recommendation, that being the subject ordinance. It is
recommended that the draft ordinance as attached be approved on first reading.
Backup Documentation:
Draft Ordinance
Section 15 -100 South Miami City Code
Article IV Coral Gables Code
Ord. No. 05 -10 -2030
Public notices
X: \Comm Items \2010 \4- 6- 10 \Crraffti City Code Amend CM report.doc
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4 Ordinance No
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6 An Ordinance of the Mayor and City Commission of the City of South
7 Miami, Florida, amending the South Miami Code of Ordinances in
8 order to remove existing Section 15 -100 entitled "Malicious
9 defacement, marking of real property" and creating a new Section 15-
10 100 entitled "Graffiti and graffiti removal" which contains the
11 following sections; definitions; prohibited activity; possession of spray
12 paint and markers; anti - graffiti trust fund; declaration of nuisance;
13 responsibility of property owners, graffiti removal and notice;
14 appeals; failure to comply, cost of removal, liens, foreclosures;
15 disputing assessed costs; providing for severability; providing for
16 ordinances in conflict; and providing for an effective date.
17
18 WHEREAS, the City of South Miami has recently experienced a significant
19 increase in graffiti on buildings, structures, walls, fences, and non - permanent structures
20 such as trailers, dumpsters, traffic signs, barricades, utility poles, traffic signal boxes, and
21 construction equipment; and
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23 WHEREAS, the Section 15 -100 of the South Miami Code of Ordinances
24 currently contains provisions making malicious defacement of property illegal and
25 certain enforcement procedures are set forth; and
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27 WHEREAS, additional provisions and enforcement actions are now needed to
28 respond to the expanding graffiti problem; and
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30 WHEREAS, the City Manager appointed a Graffiti Task Force consisting of
31 City staff and interested citizens with the charge of recommending improved methods to
32 combat graffiti; and
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34 WHEREAS, the Graffiti Task Force's first recommendation is to adopt a
35 replace Section 15 -100 of the Code of Ordinances with a new section to be entitled
36 "Graffiti and graffiti removal" which will clarify enforcement methods and provide
37 additional authority to combat graffiti.
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40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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43 Section 1. That existing Section 15 -100 entitled "Malicious defacement, marking of real
44 property" of the City Code of Ordinances is hereby repealed in its entirety.
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46 Section 2. That new Section 15 -100 entitled "Graffiti and graffiti removal" as fully
47 written below is herby adopted.
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6 Chapter 15
7 OFFENSES AND MISCELLANEOUS PROVISIONS
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9 Article III. NOISE
10 * * * * .
11 Sec.15 -100 Graffiti and graffiti removal.
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13 (A) Definitions.
14 Unless it is apparent from the context that another meaning is intended, the following
15 words when used in this article shall have the meanings attributed to them by this section:
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17 (1) Abatement shall mean the repair, rehabilitation, demolition or removal of a public
18 nuisance.
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20 (2) Bona fide evidence of majority shall mean a document issued by a federal, state,
21 county, or municipal government or agency thereof, including but not limited to, a motor
22 vehicle operator's license, or registration certificate issued under the Federal Selective
23 Service Act, a passport, or an identification card issued to a member of the armed forces
24 which identifies an individual and provides proof of the age of such individual.
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26 (3) City's agent shall mean an independent contractor performing graffiti abatement for
27 the city.
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29 (4) Code enforcement officer shall mean any designated employee acting as an agent of
30 the city whose duty it is to enforce codes and ordinances enacted or adopted by the city.
31
32 (5) Commercial property shall mean property that is used for business, commercial, or
33 for - profit purposes. It shall be prima facie evidence that a property is commercial if it is
34 located in a business, commercial, office, apartment, hotel or industrial zone.
35 "Commercial property" shall include non - permanent structures, such as, trailers,
36 dumpsters, traffic signs, barricades, utility poles, traffic signal boxes, and construction
37 equipment. "Commercial property" shall not include: single - family homes or residential
38 property of three or less units; property owned by government; property used for non-
39 profit purposes by educational institutions, charities, or religious institutions.
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41 (6) Corrective action shall mean an act required to remove or effectively obscure graffiti
42 that is visible from the right -of -way.
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44 (7) Director shall mean the director of the department designated by the city manager to
45 enforce and administer this article or the director's designated representative.
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1 (8) Graffiti shall mean the unauthorized non - permitted application of paint, ink, chalk,
2 dye or other similar substance, adhesive label or notice (general print or illustrated), or
3 other inscribed or engraved material on public or private permanent structures located on
4 publicly or privately owned real property or on any personal property within the city.
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6 (9) Marker shall mean any felt -tip marker, or similar implement, which contains a fluid
7 which is not water soluble and which has a flat or angled writing surface one -half inch or
8 greater.
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10 (10) Non - commercial property shall mean all property that is not included in the
11 definition of commercial property in this section.
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13 (11) Nuisance shall mean anything injurious to health so as to interfere with the
14 comfortable enjoyment of life or property, which nuisance affects at the same time an
15 entire community or neighborhood, or any considerable numbers of persons, although the
16 extent of the annoyance or damage inflicted upon individuals may be unequal.
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18 (12) Owner shall mean any and all persons with legal and/or equitable title to real
19 property in the City of South Miami as their names and addresses are shown upon the
20 records of the property appraiser department.
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22 (13) Public right -of -way shall mean any road, parkway, alley, swale, sidewalk or other
23 way.
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25 (14) Supervising adult shall mean an individual 21 years of age or older who has been
26 given responsibility by minor's parents, legal guardian, or other lawful authority to
27 supervise the minor.
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29 (B) Prohibited activity
30 (1) It shall be unlawful for any person to deface, destroy or otherwise damage property
31 with or without the owner's consent, by or through the application of what is commonly
32 known as "graffiti ".
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34 (2) It shall be unlawful for any person to intentionally deface with or without
35 authorization of the owner or tenant any private or public premises or property primarily
36 used for religious, educational, residential, memorial, recreational, charitable, cemetery
37 or utilitarian purposes, or for assembly by persons of a particular race, color, creed,
38 sexual orientation or religion, by placing material thereon, including symbols, objects,
39 caricatures, an appellation, a burning cross or a Nazi swastika, or graffiti thereby
40 exposing or tending to expose another to risk of violence, contempt or hatred on the basis
41 of race, color, sexual orientation, creed or religion.
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43 (3) Any person violating this section shall be punished by a fine or by imprisonment in
44 accordance with the requirements of State Law; or both fine and imprisonment at the
45 discretion of the court.
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1 (a) In the case of a minor, the parents or legal guardian shall be jointly and
2 severally liable with the minor for payment of all fines.
3 (b) Failure of the parents or legal guardian to make payment will result in the
4 filing of a lien on the parents or legal guardian's property to include the fine and
5 administrative costs.
6 (c) Upon an application and finding of indigence the court may decline to order
7 fines against the minor or parents.
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(4) In addition to any punishment listed in this section, the court shall order any violator
to make restitution to the victim for damages or loss caused directly or indirectly by the
defendant's offense in the amount or manner determined by the court
(5) Any person who shall provide information, which leads to the actual payment of a
fine by a violator, is entitled to receive from the city a reward of up to $500.00. The city
manager, or his or her designee, shall determine whether a particular reward shall be
divided among persons based on the information provided and the number of persons
providing it, but in no event shall the total reward relating to a particular violation exceed
$500.00. No person employed by the city shall be eligible for such reward.
(C) Possession of spray paint and markers.
(1) Possession of spray paint and makers with intent to make graffiti is prohibited.
(2) . Possession of spray paint and markers by minors on public property is prohibited.
No person under the age of 18 shall have in his or her possession any aerosol container of
spray paint or broad - tipped, indelible marker while on any public property, or right -of-
way, except in the company of a supervising adult.
(3) Possession of spray paint and markers by minors on private property is prohibited
without the consent of the owner. No person under the age of 18 shall have in his or her
possession any aerosol container of spray paint or board- tipped indelible marker while on
any private property unless the owner, agent, manager, or personal in possession of the
property knows of the minor's possession of the aerosol container or marker and has
consented to the minor's possession while on his or her property.
(4) Possession of spray paint and markers by minors while on school property, grounds,
facilities, buildings, or structures, or in areas immediately adjacent to those specific
locations is prohibited. No person under the age of 18 shall have in his or her possession
any aerosol container of spray paint or broad - tipped, indelible marker while on any
school property except in the company of a supervising adult. The provisions of this
section shall not apply to the possession of broad - tipped markers by a minor attending or
traveling to or from school at which the minor is enrolled if the minor is participating in a
class at the school that formally requires the possession of broad- tipped markers.
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5 (D) Anti - graffiti trust fund
6 There is hereby created the city anti - graffiti trust fund. All civil fines paid by violators of
7 this section shall be placed in the fund. The city manger or his or her designee shall direct
8 the expenditure of monies in the fund.
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10 (E) Declaration of nuisance
11 The creating or maintaining of unauthorized non - permitted application of paint, ink,
12 chalk, dye or other similar substance, or other inscribed or engraved material on property
13 in the city is hereby declared to be nuisance.
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15 (F) Responsibility of property owner(s); graffiti removal and notice.
16 (1) It shall be unlawful for any person or firm owning property, acting as manager or
17 agent for the owner of property, or in possession or control of property to fail to remove
18 or effectively obscure any graffiti from such property within seventy two (72) hours of
19 confirmation of receipt or delivery of the notice or within the time period enumerated in
20 the notice, whichever is later. If the person or firm owning such property, acting as
21 manager or agent for the owner of such property, or in possession or control of such
22 property, fails to remove or effectively obscure the graffiti within the time period
23 enumerated above, the city shall issue a citation pursuant to section 2 -25 of this Code.
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25 (2) City will waive painting permit requirements for abating graffiti, subject to the use
26 of the same colored exterior paint.
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28 (3) Graffiti abatement will consist of:
29 (a) Painting of the entire wall, and/or non - permanent structure defaced by
30 graffiti; or
31 (b) Pressure - cleaning or any other method that will successfully remove graffiti
32 from a wall, and/or non - permanent structure, without causing damage.
33
34 (G) Appeal.
35 (1) A property owner, or any person who may be in possession or who has the right to
36 possess such property at all times, who has been served with notice pursuant to (F) above
37 shall elect either to:
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39 (a) Remove or cause to remove the graffiti within the time specified on the notice;
40 or
41 (b) Request an administrative hearing before the special master to appeal the
42 determination of the code enforcement officer which resulted in the
43 issuance of the notice.
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1 (2) An appeal for administrative hearing shall be accomplished by filing a request in
2 writing to set the hearing for review and mailed to the code enforcement officer or
3 designee, not later than 24 hours after the service of the notice.
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5 (3) If the named violator, after notice, fails to correct the violation (within the time
6 frame specified), or to timely request an administrative hearing before the special master
7 such failure shall constitute a waiver of the violator's right to an administrative hearing
8 before a special master. A waiver of the right to an administrative hearing shall be treated
9 as an admission of the violation and penalties may be assessed accordingly.
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11 (4) If an appeal is submitted and the violation is substantiated by the special master the
12 violator will be responsible to pay all fines accumulated daily from the time that the
13 violation was first observed by City personnel.
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15 (fi) Failure to comply cost of graffiti removal as lien on property- collection,
16 foreclosure and sale.
17 (1) Upon failure of the owner of the property to remedy the conditions existing in
18 violation of (E) above, the code enforcement officer shall proceed to have such condition
19 remedied by the city and/or city agent in an effort to abate the nuisance.
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21 (2) Authority to enter upon. Specific authority is hereby granted the city to enter upon
22 improved or unimproved properties to abate the nuisance pursuant to the provisions of
23 this article. No person shall obstruct, impede, or interfere with any city employee and/or
24 city's agent whenever said person is engaged in the work of graffiti abatement, pursuant
25 to this article, or in performing any necessary act preliminary to or incidental to such
26 work as authorized or directed pursuant to this section.
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28 (3) Authority to impose penalties; lien. Following corrective action taken by the city or
29 city's agent, the code enforcement officer shall proceed to have all cost incurred thereof
30 to be and become a lien against such property 30 days after notice of completion of work
31 by the city, to the same extent and character as the lien for special assessments, and with
32 the same penalties and with the same rights of collections, foreclosure, sale and forfeiture
33 as outlined for special assessment liens. The cost chargeable to the owner shall not
34 exceed the amount of cost as set forth in the notice served to the property owner or
35 owners required herein (E) above.
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37 (4) Cumulative effect. This power conferred by subsections (1) (2) and (3) of this
38 section is cumulative in addition to any other powers, which the city now has or may
39 hereafter have.
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42 M Disputing assessed costs
43 (1) Any person owning property which has been found to be in violation of this article,
44 and upon which remedial work by the city has been done shall have the right, at any time
45 within 30 days after publication of the notice of completion of work under this section to
46 present to the city clerk a sworn petition stating his interest in the property and alleging
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that in the opinion of the petitioner the cost of the work exceeds the actual cost thereof or
is otherwise erroneous.
(2) Such petition shall be presented to the special master for consideration at the next
regular meeting, provided at least 30 days has intervened between the time of the filing of
such petition and the date of such meeting, at which time and place the special master
shall consider the same and make due inquiry into the questions involved. The hearing
officer may fix and confirm the amount to be charged based on the information
presented.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof
PASSED AND ADOPTED this _ day of 2010
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
MAYOR
lst Reading:
2nd Reading:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items\2010 \4 -6 -10 \Graffiti City Code Amend Ord 4- 6- 10.doc
(Adopted 2 -2 -10 via Ordinance No. 05 -10 -2030)
Chapter 15, OFFENSES AND MISCELLANEOUS PROVISIONS
Article III. NOISE
Sec. 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 appurtenances, of any public or private building,
telephone booth, bus bench, public way, church, synagogue, or school, or on any personal
Property.
(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, or on any personal property, 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:
(1) 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 on any personal property 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 primarily
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 two hundred fifty dollars
($250.00) for a first offense and a fine not to exceed five hundred dollars ($500.00) for a second
or each subsequent offense.
(e) Whenever the city becomes aware of the existence of graffiti on any property, including
structures or improvements within the city, or on any personal property, a code enforcement
officer is authorized, upon such discovery, to give, or cause to be given, notice to remove or
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effectively obscure such graffiti within the time period enumerated 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 information 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, who cannot afford to obliterate, paint or touch up such graffiti with the
same color of existing paint of the original wall, fence, siding or part of the structure affected and
who receive paint or assistance from the Metropolitan Dade County agency known as "graffiti
hotline ". shall obliterate, paint or touch up graffiti on the property with paint as similar in color as
can be provided to the wall, fence, 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 seventy two (72) hours of confirmation of thirty
receipt of the notice described in subsection (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 within the time period enumerated above, the city
shall issue a citation pursuant to section 2 -25 of this Code and fines shall be assessed against the
property until it comes into compliance.
(g) Any person or firm owning property, acting as agent or manager for the owner of such
property, or in possession or control of such property, who, commits a violation of subsection (e)
above, shall be punished by a fine of two hundred fifty dolars ($250.00) for a first offense, and
five hundred dollars ($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 (2)
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 subsections (a), (b) or (c) of this section.
(Ord. No. 1926, § 1, 9 -4 -07)
X: \Graffiti \City Code Amend Graffiti Revised Ord Adopted 2- 2- 10.doc
ARTICLE IV. [ . �px G ;GRWffi; REMOVAL*
*Editor's note: Ord. No. 2008 -04, § 2, adopted Mar. 11, 2008, deleted Art. IV in its
entirety and enacted a new Art. IV to read as set out herein. Former Art. IV pertained to
similar subject matter. For a complete history of former Art. IV see the Code
Comparative Table.
Sec. 34 -108. Definitions.
Unless it is apparent from the context that another meaning is intended, the following
words when used in this article shall have the meanings attributed to them by this section:
Abatement means the repair, rehabilitation, demolition or removal of a public nuisance.
Bona fide evidence of majority means a document issued by a federal, state, county, or,
municipal government or agency thereof, including but not limited to, a motor vehicle
operator's license, or registration certificate issued under the Federal Selective Service
Act, a passport, or an identification card issued to a member of the armed forces which
identifies an individual and provides proof of the age of such individual.
City's agent means an independent contractor performing gW1' abatement for the city.
Code enforcement officer means any designated employee acting as an agent of the city
whose duty it is to enforce codes and ordinances enacted or adopted by the city.
Commercial property means property that is used for business, commercial, or for - profit
purposes. It shall be prima facie evidence that a property is commercial if it is located in a
business, commercial, office, apartment, hotel or industrial zone. "Commercial property"
shall include non - permanent structures, such as, trailers, dumpsters, traffic signs,
barricades, utility poles, traffic signal boxes, and construction equipment. "Commercial
property" shall not include: (1) single - family homes or residential property of three or
less units; (2) property owned by government; (3) property used for non - profit purposes
by educational institutions, charities, or religious institutions.
Corrective action means an act required to remove or effectively obscure graffiti that is
visible from the right -of -way.
Director means the director of the department designated by the city manager to enforce
and administer this article or the director's designated representative.
Gmfji means the unauthorized application of paint, ink, chalk, dye or other similar
substance, adhesive label or notice (general print or illustrated), or other inscribed or
engraved material on public or private permanent structures located on publicly or
privately owned real property within the city.
Marker means any felt -tip marker, or similar implement, which contains a fluid which is
not water soluble and which has a flat or angled writing surface one -half inch or greater.
Non - commercial property means all property that is not included in the definition of
commercial property in this section.
Non permanent structures means trailers, dumpsters, traffic signs, barricades, utility
poles, traffic signal boxes, and construction equipment.
Nuisance means anything injurious to health so as to interfere with the comfortable
enjoyment of life or property, which nuisance affects at the same time an entire
community or neighborhood, or any considerable numbers of persons, although the
extent of the annoyance or damage inflicted upon individuals may be unequal.
Owner means any and all persons with legal and/or equitable title to real property in the
City of Coral Gables as their names and addresses are shown upon the records of the
property appraiser department.
Public right -of -way means any road, parkway, alley, swale, sidewalk or other way.
Supervising adult means an individual 21 years of age or older who has been given
responsibility by minor's parents, legal guardian, or other lawful authority to supervise
the minor.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -109. Prohibitions.
(a) It shall be unlawful for any person to deface, destroy or otherwise damage private or
public property without the owner's consent, by or through the application of what is
commonly known as "giaffit."
(b) Any person violating this section shall be punished by a fine of $250.00 for the first
offense; $500.00 for the second offense; and $1,000.00 for each subsequent offense; or
by imprisonment in accordance with the requirements of State Law; or both fine and
imprisonment at the discretion of the court.
(1) In the case of a minor, the parents or legal guardian shall be jointly and severally
liable with the minor for payment of all fines.
(2) Failure of the parents or legal guardian to make payment will result in the filing of a
lien on the parents or legal guardian's property to include the fine and administrative
costs.
(3) Upon an application and finding of indigence the court may decline to order fines
against the minor or parents.
(c) In addition to any punishment listed in this section, the court shall order any violator
to make restitution to the victim for damages or loss caused directly or indirectly by the
defendant's offense in the amount or manner determined by the court.
(1) In the case of a minor, the parents or legal guardian shall be ordered jointly and
severally liable with the minor to make such restitution.
(d) In addition to any punishment listed in this section, the court shall order any violator
to perform a minimum of 30 hours of monitored community service in the removal of
graffiti. At least one parent or guardian of a minor shall be in attendance a minimum of
50 percent of the period of assigned community service.
(1) Reasonable effort shall be made to assign a type of community service that is
reasonably expected to have the most rehabilitative effect, including community service
that involved grat removal.
(e) Any person who shall provide information, which leads to the actual payment of a
fine by a violator, is entitled to receive from the city a reward of up to $500.00. The city
manager, or his or her designee, shall determine whether a particular reward shall be
divided among persons based on the information provided and the number of persons
2
providing it, but in no event shall the total reward relating to a particular violation exceed
$500.00. No person employed by the city shall be eligible for such reward.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -110. Possession of spray paint and markers.
(a) Possession of spray paint and makers with intent to make; r06 is prohibited.
(b) Possession of spray paint and markers by minors on public property is prohibited.
No person under the age of 18 shall have in his or her possession any aerosol container of
spray paint or broad - tipped, indelible marker while on any public property, or right -of-
way, except in the company of a supervising adult.
(c) Possession of spray paint and markers by minors on private property is prohibited
without the consent of the owner. No person under the age of 18 shall have in his or her
possession any aerosol container of spray paint or board- tipped indelible marker while on
any private property unless the owner, agent, manager, or personal in possession of the
property knows of the minor's possession of the aerosol container or marker and has
consented to the minor's possession while on his or her property.
(d) Possession of spray paint and markers by minors while on school property, grounds,
facilities, buildings, or structures, or in areas immediately adjacent to those specific
locations -is prohibited. No person under the age of 18 shall have in his or her possession
any aerosol container of spray paint or broad - tipped, indelible marker while on any,
school property except in the company of a supervising adult. The provisions of this
section shall not apply to the possession of broad - tipped markers by a minor attending or
traveling to or from school at which the minor is enrolled if the minor is participating in a
class at the school that formally requires the possession of broad - tipped markers.
(e) Any person violating this section shall be punished by a fine of $250.00 for a first
offense, and $500.00 for a second offense, and $1,000.00 for each subsequent offense.
(1) In the case of a minor, the parents or legal guardian shall be responsible for payment
of all fines.
(2) Failure of the parent or legal guardian to make payment will result in the filing of a
lien on the parents' or legal guardian's property to include the tine and administrative
costs.
(f) There is hereby created the city anti- graffiti trust fund. All civil fines paid by
violators of this section shall be placed in the fund. The city manger or his or her
designee shall direct the expenditure of monies in the fund.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -111. Declared a nuisance.
The creating or maintaining of unauthorized application of paint, ink, chalk, dye or other
similar substance, or other inscribed or engraved material on public or private structures
located on publicly or privately owned real property in the city is hereby declared to be
nuisance.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -112. Responsibility of property owner(s), gW removal and notice.
It shall be unlawful for any person who is the owner or who has primary responsibility
for control of the property or for repair or maintenance of the property in the city to
permit property that is deface with graffiti to remain defaced for a period as specified
below:
(1) Maintenance or allowance of graffiti to exist for more than 48 hours on a
commercial property, or seven calendar days on a residential property is prohibited.
(2) Whenever the city becomes aware of the existence of graffiti; on any property, a code
enforcement officer is authorized upon such discovery, to give, or cause to be given,
notice to take corrective action to the property owner or the property owner's agent or
manager or to the person is possession of the premises described on the notice.
a. Commercial property. For commercial property, the property owner or the property
owner's agent nor manager shall take corrective action within 72 hours from the receipt
or delivery of the notice listed within this section.
b. Non - commercial property. For non - commercial property, the property owner, or
property owner's agent shall take corrective action within 72 hours from the receipt or
delivery of the notice listed within this section.
(3) City will waive painting permit requirements for abating graffiti, subject to the use
of the same colored exterior paint.
(4) Graffiti; abatement will consist of:
a. Painting of the entire wall, and/or non - permanent structure defaced by g A! or
b. Pressure - cleaning or any other method that will successfully remove graffiti from a
wall, and/or non - permanent structure, without causing damage.
(5) Such notice shall be given by certified mail, return receipt requested; or by hand
delivery by code enforcement officer to the owner of the property described, to the "home
of record," as recorded in the current county tax rolls, and shall be deemed complete and
sufficient notice when so deposited in the United States mail with proper postage prepaid.
The notice to remove graffiti shall have substantially the following form:
DATE
NOTICE TO REMOVE GRAFFITj
TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE
PROPERTY HEREINAFTER DESCRIBED
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF CHAPTER
16, ARTICLE VI OF THE CITY CODE OF CORAL GABLES, FLORIDA.
PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT GWFITI WHICH
DECLARED A NUISANCE IN THE CITY OF CORAL GABLES EXISTS ON
PREMISES SPECIFICALLY DESCRIBED AS WHICH
IS INJURIOUS TO THE HEALTH SO AS TO INTERFERE WITH THE COMFORT
ABLE ENJOY -MENT OF LIFE OR PROPERTY, WHICH NUISANCE AFFECTS AT
THE SAME TIME AN ENTIRE COMMUNITY OR NEIGHBORHOOD, OR ANY
CONSIDERABLE NUMBER OF PERSONS, ALTHOUGH THE EXTENT OF THE
ANNOYANCE OR DAMAGE INFLICTED UPON INDIVIDUALS MAY BE
UNEQUAL. YOU ARE THEREFORE NOTIFIED AT ONCE, AND IN ANY EVENT
WITHIN (72 HOURS - COMMERCIAL, OR RESIDENTIAL) FROM THE RECEIPT
OF THIS NOTICE, TO REMOVE THE 9 flfl_ FROM THE PROPERTY AND
THEREAFTER TO KEEP THE PROPERTY FREE THEREFROM.
IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK WITHIN THE PERIOD
HEREIN ABOVE MENTIONED, THE CITY OF CORAL GABLES SHALL CAUSE
THE SAME TO BE REMOVED AND THE COST OF SUCH WORK WILL BE
0
IMPOSED AS A LIEN UPON THIS PROPERTY. THE ESTIMATED COST TO
REMEDY THIS CONDITION WOULD BE PLUS $75.00 FOR
ADMINISTRATIVE CHARGES, FOR A TOTAL COST OF
DATED AT CORAL GABLES, FLORIDA THIS DAY OF 20
OFFICER
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -113. Appeal.
(a) A property owner, or any person who may be in possession or who has the right to
possess such property to at all times, who has been served with notice pursuant to section
34 -112 shall elect either to:
(1) Remove or cause to remove the M,iil within the time specified on the notice; or
(2) Request an administrative hearing before a hearing officer to appeal the
determination of the inspector which resulted in the issuance of the notice.
(b) An appeal for administrative hearing shall be accomplished by filing a request in
writing to set the hearing for review and mailed to the code enforcement officer or
designee, not later than 24 hours after the service of the notice.
(c) If the named violator, after notice, fails to correct the violation (within the time
frame specified), or to timely request an administrative hearing before a hearing officer,
such failure shall constitute a waiver of the violator's right to an administrative hearing
before a hearing officer. A waiver of the right to an administrative hearing shall be
treated as an admission of the violation and penalties may be assessed accordingly.
(d) The remainder of the appeal procedures will be accordance with section 101 -186
through section 101 -190 of the City Code, with no civil penalties imposed, except for
administrative costs of hearing.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -114. Failure to comply; cost of graffiti: removal as lien on property- collection,
foreclosure and sale.
(a) Upon failure of the owner of the property to remedy the conditions existing in
violation of section 34 -112, the code enforcement officer shall proceed to have such
condition remedied by the city and/or city agent in an effort to abate the nuisance.
(b) Authority to enter upon. Specific authority is hereby granted the city to enter upon
improved or unimproved properties to abate the nuisance pursuant to the provisions of
this article. No person shall obstruct, impede, or interfere with any city employee and/or
city's agent whenever said person is engaged in the work of gxa'fft abatement, pursuant
to this article, or in performing any necessary act preliminary to or incidental to such
work as authorized or directed pursuant to this article.
(c) Authority to impose penalties; lien. Following corrective action taken by the city or
city's agent, the code enforcement officer shall proceed to have all cost incurred thereof
to be and become a lien against such property 30 days after notice of completion of work
by the city, to the same extent and character as the lien for special assessments, and with
the same penalties and with the same rights of collections, foreclosure, sale and forfeiture
5
as outlined for special assessment liens. The cost chargeable to the owner shall not
exceed the amount of cost as set forth in the notice served to the property owner or
owners required herein under section 34 -112.
(d) Cumulative effect. This power conferred by subsections (a) and (b) of this section is
cumulative in addition to any other powers, which the city now has or may hereafter
have.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sec. 34 -115. Interested persons may petition to dispute assessed costs.
(a) Any person owning property which has been found to be in violation of this article,
and upon which remedial work by the city has been done shall have the right, at any time
within 30 days after publication of the notice of completion of work under this article, to
present to the city clerk a sworn petition stating his interest in the property and alleging
that in the opinion of the petitioner the cost of the work exceeds the actual cost thereof or
is otherwise erroneous.
(b) Such petition shall be presented to the hearing officer for,'his or her consideration at
the next regular meeting, provided at least 30 days has intervened between the time of the
filing of such petition and the date of such meeting, at which time and place the hearing
officer shall consider the same and make due inquiry into the questions involved. The
hearing officer may fix and confirm the amount to be charged based on the information
presented.
(Ord. No. 2008 -04, § 2, 3 -11 -2008)
Sees. 34-116--34-120. Reserved.
Z: \Graffiti \Coral Gables graffiti code 2- 4- 2010.doc
ORDINANCE NO. 05 -10 -2030
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF. SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III
SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF
REAL PROPERTY" IN ORDER TO MAKE MALICIOUS MARKING AND
PLACEMENT OF GRAFFITI ON PERSONAL PROPERTY UNLAWFUL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received complaints that graffiti is appearing on personal
property which items are viewable by the public and are often offensive and visually distracting;
and
WHEREAS, the City of South Miami Code of Ordinances, Section 15 -100 entitled
"Malicious defacement, marking of real property" does set forth regulations which makes it
unlawful to deface, mark or place graffiti on any building, wall, telephone booth, bus bench or
public ways with drawings, writing, or painting without the consent of the property owner; and
WHEREAS, it would be appropriate and in the public interest and safety to amend the
South Miami Code of Ordinances in order to expand the prohibition against malicious marking
and graffiti on tangible items which are classified as personal property; and
WHEREAS, the amendment would assist code enforcement officers to remove graffiti on
such items as dumpsters, boats, trailers, storage containers, vehicles and signs which are not part
of a building or structure, and are often defaced; and
WHEREAS, the South Miami Code of Ordinances, Section 15 -100 entitled. "Malicious
defacement, marking of real property" should be amended to make it unlawful to deface, mark or
place graffiti on any personal property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves amending Chapter 15, Article III
Section 15 -100 of the City's Code of Ordinances entitled "Malicious defacement, marking of real
property" by making the following amendments:
Chapter 15 OFFENSES AND MISCELLANEOUS PROVISIONS
Ord. No. 05 -10 -2030
laa
Article III. NOISE
Sea I5 -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 appurtenances, of any public or private building,
telephone booth, bus bench, public way, church, synagogue, ev school, or on any personal
property.
(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 paeans 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, or on any personal property, 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:
(1) 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 on any personal property 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 primarily
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 two hundred fifty dollars
($250.00) for a first offense and a fine not to exceed five hundred dollars ($500.00) for a second
or each subsequent offense.
(e) Whenever the city becomes aware of the existence of graffiti on any property, including
structures or improvements within the city, or on any personal Propertt, 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 time period enumerated 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.
Ord. No. 05 -10 -2030
3
Persons needing information 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, who cannot afford to obliterate, paint or touch up such graffiti with the
same color of existing paint of the original wall, fence, siding or part of the structure affected and
who receive paint or assistance from the Metropolitan Dade County agency known as "graffiti
hotline shall obliterate, paint or touch up graffiti on the property with paint as similar in color as
can be provided to the wall, fence, 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 seventy two (72) hours of confirmation of
(;&)=dwpi=4em receipt of the notice described in subsection (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 within the time period enumerated above, the city
shall issue a citation pursuant to section 2 -25 of this Code and fines shall be assessed against the
property until it comes into compliance.
(g) Any person or firm owning property, acting as agent or manager for the owner of such
property, or in possession or control of such property, who commits a violation of subsection (e)
above, shall be punished by a fine of two hundred fifty dollars ($250.00) for a first offense, and
five hundred dollars ($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 (2)
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 subsections (a), (b) or (c) of this section.
(Ord. No. 1926, § 1, 9 -4 -07)
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Ora: No. 05 -10 -2030
0
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2nd, day of February, 2016
ATTEST: APPROVED:
4Y 22& LE C �� A OR
I" Reading: 1/26/10
2nd Reading: 2/2/10
READ AN APPROVED AS TO FORM
ANDS F IENCY: COMM SSION VOTE: 5 -0
Mayor Feliu: Yea
ice Mayor Beasley: Yea
�- n— Commissioner Palmer: Yea
CITY ATTORNEY Commissioner Newman: Yea
Commissioner Sellars: Yea
X: \Comm Items\2010 \1 -26 -10 \City Code Amend Graffid Ord.doc
_A
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, 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 Miami -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 AND DATE CHANGE
in the XXXX Court,
was published in said newspaper in the issues of
04/09/2010
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 securin dv ,Lfor publication in the said
newsp r.
Sworn to and subscribed before me this
09 dayof APRIL A.D. 2010
(SEAL)
MARIA MESA personally known to me
B. THOMAS
' Commission # DD 937532
Expires November 2, 2013
'% ?.. qeo w�aaroNrovF�oirv,a�sonaes7ois
IT14 `MIAMI
A the City of South
Its ,regular - City
0 2� 010 beginning
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an of the City
to amend the
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iecorded. in
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coon 15 =100
ea I property,
.Graffiti and
everamnry provwmg Tor, oromances in- .connicz; area -
rrovidfng fo/ sri effective date.
ITICExi ,Aa I REBY given that tile, City Commission meeting,
arly sched6letl for ;the third, Tuesday. of the month has been
ged tobeheld.Monday Apnl19 gI 67 0.
Lintefested parhesare nvned toattend and will be heard.
further information, please contact the City Clerks Office at:
363 -6340,
Maria M: Menendez, CIVIC
'City Clerk
Jant,to Florida Statutes 286.0105,'the City hereby advises the
D that 'if a'person decides to' appeal any decision made by this
di Agency or Commission with respect to any matter considered at
eeting,or hearing, he or she will need a record of the proceedings,
,hat for,such purpose, affected person may need to ensure that a
ttim record of the proceedings is made which record includes the
nony and evidence upon which the appeal is to be based.
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