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09-04-07 Item 91 2 3 ORDINANCE NO. 4 5 6 7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 8 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 9 GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES 10 AND MISCELLANEOUS PROVISIONS" IN GIRDER TO CREATE 11 SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, 12 MARKING OF REAL PROPERTY;" PROVIDING FOR 13 ENFORCEMENT AND REVOCATION PROVISIONS; 14 PROVIDING FOR SEVERABILITY, ORDINANCES IN 15 CONFLICT, AND AN EFFECTIVE DATE. 16 17 18 WHEREAS, graffiti on public and private property is a blighting factor, which 19 not only depreciates the value of the property that has been the target of such malicious 20 vandalism, but also depreciates the value of adjacent and surrounding properties; and in 21 doing so negatively impacts the entire community; and, 22 WHEREAS, the Mayor and City Commission finds and determines that graffiti is 23 a nuisance, and unless it and other inscribed materials are removed from public and 24 private property, it tends to remain; and other properties are then the target of graffiti with 25 the result that entire neighborhoods and, indeed, the community at large suffers and 26 experiences a depreciation in value and is made a less desirable place to be; and, 27 WHEREAS, the Mayor and the City Commission, therefore, finds and 28 determines that it is appropriate that the City of South Miami provide an Ordinance for 29 removal of graffiti and other inscribed materials from both public and private property. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. Chapter 15 of the City's Code of Ordinances entitled "OFFENSES 35 AND MISCELLANEOUS PROVISIONS" is hereby amended, by creating Section 15- 36 100 to state as follows: 37 38 15 -100. Malicious defacement, marking of real property. 39 40 (a) Notwithstanding any City Code provision to the contrary, it shall be 41 unlawful for any person to maliciously, wantonly or without the knowledge and consent 42 of the owner to mark, deface, damage or destroy by writing, painting or drawing any 43 inscription, figure or mark of any type on the exterior or interior, including walls and I appurtenances, of any public or private building, telephone booth, bus bench, public way, 2 church, synagogue, or school. 3 4 (b) Notwithstanding any City Code provision to the contrary, it shall be 5 unlawful for any person to willfully or maliciously affix or attach by any means 6 whatsoever upon or in any place of abode, municipal recreational area or facility, office, 7 telephone booth, bus bench, store, public building or way, church, synagogue, school or 8 other building constructed or used for religious or educational purposes; or upon any wall 9 or appurtenance thereof, any paint, felt -tip, indelible marker, crayon, chalk, ink, sign, 10 poster placard, adhesive stickers, or any implement containing non - water - soluble fluid 11 with unlawful intent. Unlawful intent shall mean: 12 13 (1) To damage, deface, design, mark. or defile such place of abode, municipal 14 recreational area or facility, telephone booth, bus bench, office, store, public building or 15 way, church, synagogue, school or other building constructed or used for religious 16 educational purposes; or 17 18 (2) To defame with words or symbols any person occupying or using same. 19 20 (c) Notwithstanding any City Code provision to the contrary, no person shall 21 intentionally deface without authorization. of the owner or tenant any private or public 22 premises or property primarily used for religious, educational, residential, memorial, 23 recreational, charitable, cemetery or utilitarian purposes, or for assembly by persons of a 24 particular race, color, creed, sexual orientation or religion, by placing material thereon, 25 including symbols, objects, caricatures, an appellation, a burning cross or a Nazi 26 swastika, or graffiti thereby exposing or tending to expose another to risk of violence, 27 contempt or hatred on the basis of race, color, sexual orientation, creed, or religion. 28 29 (d) Notwithstanding any City Code provision to the contrary, violation of 30 subsections (a), (b), and (c) of this section shall be punishable by a fine of not more than 31 $250.00 for a first offense and a fine not to exceed $500.00 for a second or each 32 subsequent offense. 33 34 (e) Whenever the City becomes aware of the existence of graffiti on any 35 property, including structures or improvements within the City, a code enforcement 36 officer is authorized, upon such discovery, to give, or cause to be given, notice to remove 37 or effectively obscure such graffiti within the time period enumerated in the notice, to the 38 owner, agent or manager who shall cause the graffiti to be removed or effectively 39 obscured by any means so long as it is completely obliterated, painted or touched up with 40 the same or similar color of existing paint and /or texture of the original wall, fence, 41 siding or part of the structure afflicted. Persons needing information and /or assistance in 42 curing a graffiti violation may contact the Metropolitan Dade County "graffiti hotline." 43 Persons not responsible for causing graffiti but responsible for curing it, who cannot 44 afford to obliterate, paint or touch up such graffiti with the same color of existing paint of 45 the original wall, fence, siding or part of the structure affected and who receive paint or 46 assistance from the Metropolitan Dade County agency known as "graffiti hotline" shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 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 within the time period enumerated above, the City shall issue a citation pursuant to Section 2 -25 of the Code of Ordinances 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 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 ATTEST: CITY CLERK day of APPROVED: u:_ e: 1St Reading — 2nd Reading — 2007. 2 READ AND APPROVED AS TO FORM :: Ll 6 Luis R. Figueredo, 7 Nagin Gallop Figueredo, P.A. 8 Office of City Attorney 9 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: EN r1^^�.., lox+fir a . s.{ ** r k • t Rc k "f-.p° , d ' e �.: <V p +fit r= Ail i . `+3�^ 1 � Phi "�'�1 d s -z a '� ss �' € t' i cow ? 6x: g NAN WAN s fi l�we z< � M, <' x E < » y. / \// ■ § . .: /« . . \\ � � « °"OW «� © « /\ /. � . \� � � � \ K± «» � °� � y> :» . . qgl� } '�/ j \ : is . \ : . � \���\ \ < \® � �� .... \ i \ . .: /« . . \\ � � « °"OW «� © « /\ /. � . \� � � � \ K± «» � °� � y> :» . . qgl� } '�/ j \ : is . \ : . � \���\ \ < \® � �� .... 22y/ � \.. . . \` /\ } � }\ r F q f�� r 1 t M Y� ' s 1 sk 1�n v I S � l Y� ' s 1 sk 1�n v S � M1 ti ji f .g Y J l Y� ' �y y �.. x3= 4 1', xt p , r lot MP? is o 'Y r li pt3 rF i5z p�J,5 1 ro- S p i F f � }P sY 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 O.V. FERBEYRE, 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 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 FOR 9/4/2007 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 Pis advertis for publication in the said newspaper` 1.41" Sworn to and subscribed before me this 24 day of AUGUST , A.D. 2007 (SEAL) O.V. FERBEYRE personally known to me ,ow Cheryl H Marmer My Commission DD338559 V Expires July 18, 2008 i11►; . CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City! Commission meeting scheduled for Tuesday, September 4, 2007; beginning at 7:30 pm. in.the City Commission Chambers, 6130, Sunset Drive, to consider the following items: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;` RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES AND ISCELLANEOUS "PROVISIONS" . IN 'ORDER TO CREATE M SECTION_ 15 -100 ENTITLED "MALICIOUS, DEFACE- MENT, ' MARKING" OF REAL PROPERTY; PROVIDING FOR ENFORCEMENT AND, :REVOCATION PROVISIONS PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 'THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION; - 2.26.1.2 ENTITLED "GREEN TASK FORCE; IN ORDER TO CREATE A GREEN BUILDING COMMITTEE 'FOR THE CITY OF SOUTH. MIAMI; PROVIDING FOR `SEVERABILITY; PPROVIDING FOR ORDINANCES IN CONFLICT ;AND PROVIDING, AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 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; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVEAATE.' - i A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 4.3(1) AND SECTION { 20- 4.3(x)(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, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any 'matter considered at its meeting or hearing, he or she will need a record of the proceedings, and ;that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 8/241 07- 3- 76/879882M ` *j 0 0 0 M 0 _ a r a 0 a 15 W S _Q W Z F L L Z 0 u v _ E, 10 LL Y 11 1, v RE El"R1, ML a oqBitry %M�_ i'11111" ENGINE REBUILDERS *Long Blocks *Short Bloc *Cylinder Meads *Crankshafts *Engine farts Free Towing (in Dade with ad) I Year Warranty With engine installation on certain vehicles MV29946 N 896103622 1. 1 I $75.00 OFF I Engine Installation' With This Coupon I Expires 09 -01 -07 I On Tuesday, September 4, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING 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 REQUEST FOR A VARIANCE FROM SECTION 2043(1) AND SECTION 20- 4.3(x)(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. 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 Me Menendez, CC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings,is, made which record includes the testimony and evidence upon which the appeal is to be based.