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HomeMy WebLinkAboutOrdinance 2006-259 ORDINANCE NO. 2006- ~5 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADDRESSING GRAFFITI ON PUBLIC AND PRIV ATE PROPERTY WITHIN THE CITY LIMITS; DEFINING GRAFFITI AND ESTABLISHING CRITERIA FOR THE PROHIBITION AND REMOV AL OF GRAFFITI; PROVIDING FOR PENALTIES AND ENFORCEMENT, EXEMPTION AND RESTITUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, establishing measures that prohibit Graffiti and providing for restitution are essential to the protection of the environment of our community; and WHEREAS, the procedures outlined in this Ordinance are intended to discourage the surfacing of Graffiti prior to becoming a nuisance in the City of Sunny Isles Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds, determines, and declares that Graffiti is prohibited within the City limits. This Ordinance shall be applicable tlu'oughout the City of Sunny Isles Beach. Section 3. Definitions. The following words, terms and phrases, when used in this article, shall have the following meanings: (a) Graffiti means writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or other similar substances on public or private buildings, structures or places which are not authorized by the propeliy owner or possessor or which are not permitted under the city's codes and ordinances. Graffiti shall include any form of drawings, writings, marking or inscriptions regardless of the content or the nature of materials used in the commission of the act. (b) Violator means any and all persons who commits the act of placing Graffiti within the City limits, as prohibited by this Code. U:\LEGISTLA TION\Draft Ordinances\2006\Graffiti 05 I 006.doc Page I of4 (c) Owner means any and all persons with legal and/or equitable title to a property in the City, as reflected by name and address in the records of the Miami-Dade County Appraiser. Section 4. Prohibition of Graffiti. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw Graffiti of any type on any public or private building, structure or any other real or personal property. The Code and Licensing Depmiment and Police Department are responsible for enforcing this ordinance. Section 5. Notice to Remove Graffiti. Whenever the City becomes aware of the existence of Graffiti on any property, the City Manager or his designee shall give or cause to be given, written notice to remove or effectively obscure such Graffiti to the propeliy owner, such propeIiy owner's agent or manager, or any other person in possession or control of the property. Section 6. Owner Required to Remove Graffiti. Any person owning propelty, acting as a manager or agent for the owner of property, or in possession or control of propeliy shall remove or effectively obscure any Graffiti upon such propeliy within fomieen (14) days from receipt of the notice from the City. Section 7. Penalty and Enforcement. (a) Penalty against Violator. It is unlawful to violate any prOVISiOn of this Code. Anyone found guilty of violating this Code by placing Graffiti on a structure or property without the owner's consent, by a Special Master or a comi of competent jurisdiction, shall be subject to imprisonment for a term not to exceed sixty (60) days or make restitution to the owner of the propeliy where the Graffiti has been placed, or both. The Police Depmiment may mTest the violator by issuing a Notice to Appear. Where a minor is found to have violated the prohibition of this Section, the restitution imposed by this section upon a finding of guilt shall be assessed against the minor and such minor's parents or legal guardians. (b) Penalty against Owner. If the person 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 14 business days from receipt of the notice described in this section, the Owner may be punished by a fine of not less than $250.00 for the first offense and $500.00 for the second offense and continuing offenses. In deciding whether the propeliy owner is a repeat violator, the Special Master or court may consider the effOlis taken by the violator, if any, to remove or effectively obscure the Graffiti in a timely manner and how often the violator has been victimized by Graffiti during the preceding calendar year. The fine may be waived if the 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 propeliy in a timely manner. U:\LEGISTLA TION\Draft Ordinances\2006\Graffiti 05 I006.doc Page 2 of 4 (d) Costs or Fines. If the propeliy owner, manager, agent or person in possession or control of the propeliy fails to remove the Graffiti or effectively obscure same in a timely manner after receipt of notice from the City, the City may cause the Graffiti to be removed or effectively obscured and charge the propeliy owner, or the property owner's manager or agent or the person in possession or control of such property, for the expenses incuned by the City. The City may initiate legal proceedings in a comi of competent jurisdiction to recover all expenses, which expenses shall include but are not limited to all administrative personnel costs, attorney's fees and costs related to enforcing this division and collecting such expenses; and/or the City may record a lien in the public records of Miami-Dade County which lien shall be for all expenses, including but not limited to attorney's fees and costs related to enforcing this Code Section, and may be enforced as other liens may be enforced by the City. ( e) Emergency Removal by the City. If the City Manager determines that any Graffiti is a danger to the health, safety or welfare of the public and is unable to provide notice by personal service after at least two attempts to do so, then 48 hours after the later of (1) the mailing of the notice described herein by certified and first class mail to the person owning the propeliy, acting as agent or manager for the owner of such propeliy, and (2) the posting of the notice in a conspicuous place on the property, the City may remove or cause the Graffiti to be removed at its expense. In no case shall the City paint or repair any more extensive area than that where the Graffiti is located. The City shall not be required to restore the obscured area to its original condition (i.e. color, texture, etc.). Section 8. Exemption. This atiicle shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawing or bases for stickball, kickball or handball, hopscotch and the like nor temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purposes or activity. Section 9. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any patio Section 10. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 11. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. U:\LEGISTLA TION\Draft Ordinances\2006\Graffiti 05 I 006,doc Page 3 of 4 Section 12. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the I e~ day of YY\~, 2006. PASSED and ADOPTED on second reading the I S+k day of,-~ulV\JL ,2006. '.. ..~ .:// ,;-...... r.... \ ' .. ,~ ,\""'; >;- '<:-. '\' ArrE T~' .,). ,,,,' ~ '~, !-- i, ;",~ ':-~ ' 1 _ ,,'\,~ \ [~~ r.', '.' ']cine A. 'Hines, 6'MC, City Clerk \ "", . '. .r"! ,.", ",'" .<. ~- .. i.' -:;. '" f. I r, _;' J f' ",.!..t \': . , Moved by: Co)'\'\)IY'\\ Ss.\a1\,)~ lH A-L~R. Seconded by: ~DW\l'Y\\~S.IDtUf.(R. Goo~ml'\-N Vote: '5- b Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler v (Yes) V (Yes) -V (Yes) V ( Yes) jL (Yes) _(No) _(No) (No) _(No) _(No) U:\LEGISTLA TION\Draft Ordillallces\2006\Graffiti 051 006.doc Page 4 of4 u <( Cl> W 'C III Rl l/) 0 w j;::: ...J N !Q > <( >- C;; Z ... Z ::l ::::I 'E l/) Cl> > u.. <( 0 l/) ~ D:: III U Z Qj c 0 t:! Qj <l) CJl i:: E ~ <Il <Il Q. .Q z If) C 15. C t 0 .5 <l) n .!!1 > If) 'C <l) <l) u <( l/) 0 .... .... c C N N It) It) '" '" c :!: co co <Xi t-- t-- o/l M M >< t-- t-- M III ~ .0 E :ri ::l Qj Z .0 C. E c ~ 0 ::l t (; z <l) Qj 'C If) N 0 <( E i:I5 u c ~ c o o >- o .. ~ o e- ~ 0. e a '0 ~ ~ >- ~ ~ .~ a jQ ...- e w ~ . .,.,. ~ . .,.,. ~ w .c re> ~ a ~ ~ ~ > .~ " ~ ~ 15 o >- ~ ~ o >- ,; ~ o 'C .~ ~ g> 0. " ~ ~ .. " ~ -5 o o " i! ~ ::l: .~ :ii ~ .~ " c.o~ o~ o:i N-g :;a:~ eJ1 (Qg o.g ':; ~ .. ~ Q) .~ ....-= ctl g C~ .. S:::ll O~ ._ 2 .... 0. ctl .~ og .- ~ :C~ ::sw a..~ ALLERGY & ASTHMA ~) Diagnostic and . Ireotment lor: ,\l . Asthma n", . Rhiniris r~ '1'l: X"~~:~~ 10 lood , . Chromc cough . Food & skin oller~ies , Sinusitis MOST INSURANCE ACCEPTED Julio P",dave, M.D. AUIRGY& ASIllMA CEHTER OF MIAMI, P.A. NORTH MIAMI- AVENTURA 1380 N.E. MIAMI GARDENS DR. Suite 260 If805~:Q.,9:q5IttOjl HIALEAH 71 SO W. 20' Ave. Suite 604 > <( ~~t\N'N6 4 ~V~~ g ~:_~:?. ~ ~ -< I SUMMER FCAT CAMP June 19 -July 21" I HELP YOUR CHILD PASSTHE FCAT Call us today for carinE' orofessional individualized [UtorinE' . Grades K,I2 . Certified MOCPS Teachers . FCAT ' Reading/Wricing/Mach/Science . Critical & Creative Thinking Skills . Computer Projects . Exciting & Amusing Fieldtrips . Interesting Thematic Units Weekly . Blooms Taxonomy Mastery Learning Model HelD BuildYour Child's Self Confidence & Self Esteem Mond.y,Friday CALL TODAY Ruth Smith,M.S., Director 9:00 AM.. 3:00 P.M. 14SS N.E. 162 Street 3:00 P.M,. 7:00 P.M, 305-944-3206 N,M. Beach, FL33162 "' o ~ .. w Z ~ ,: '" o z ~ 9 ill ::l: :if '" :if w ~ ~ ,; ~ :I: .~ ." CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARINGS 330/0 OFF for the 1st 3 months NOTICE IS HEREBY GIVEN that public hearings will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Coilins Avenue. Sunny Isles Beach, on Thursday, June 15, 2006, at 7:30 p.m., to consider final adoption of the following proposed Ordinances: Restrictions Apply AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA, MANDATING THAT OWNERS ANO OPERATORS OF FOOD STORES INCLUDING PHARMACIES LOCATED IN THE CITY OF SUNNY ISLES BEACH HAVE ALTERNATE ENERGY SOURCES, SUCH AS EMERGENCY GENERATORS, WITH SUFFICIENT ELECTRICAL CHARGE TO ENSURE THE UNINTERRUPTED SUPPLY OF POWER DURING A DECLARED STATE OF EMERGENCY; ESTABLISHING DEFINITIONS; PROVIDING FOR APPROVAL BY THE CllY MANAGER; PROVIDING FOR EXEMPTIONS FOR LIMITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA, MANDATING THAT OWNERS AND OPERATORS OF HIGH-RISE BUILDINGS WITH A TOTAL HEIGHT OF 75-FEET OR HIGHER LOCATED IN THE CITY OF SUNNY ISLES BEACH HAVE ALTERNATE ENERGY SOURCES, INCLUDING EMERGENCY GENERATORS, WITH SUFFICIENT ELECTRICAL CHARGE TO OPERATE AT LEAST ONE (1) ELEVATOR UNIT WITHIN EACH BUILDING DURING A DECLARED STATE OF EMERGENCY; ESTABLISHING DEFINITIONS; PROVIDING FOR APPLlCABILllY; PROVIDING FOR PENALTIES AND ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIDA, ADDRESSING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY WITHIN THE CllY LIMITS; DEFINING GRAFFITI AND ESTABLISHING CRITERIA FOR THE PROHIBITION AND REMOVAL OF GRAFFITI; PROVIDING FOR PENALTIES AND ENFORCEMENT, EXEMPTION AND RESTITUTION; PROVIDING FOR SEVERABILllY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305,947,0606. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A, Hines, CMC, City Clerk Al] persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission rio the City Clerk, City 01 Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. lVIy person wishing 10 address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearings on these matters may be continued atlhis meeting and under such circumstances, additional legal notice would not be provided. ]f a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeling, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which Ihe appeal is to be based. This notice does not constitute consenl by the City lor introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appealS not otherwise allowed by law. In accordance with the Americans wilh Disabilities Act, all persons who are disabled and who need special accommodations 10 participate in this meeting because of that disability should conlact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305- 792-1590 lor assislance. TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Ger'1' Goodman. Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk Memorandum The Honorable City Commission A. John Szerlag, City Manager Robert C. Solera / Building Department Assistant Administrator Code Enforcement and Licensing Director May 18, 2006 Graffiti Ordinance RECOMMENDATION: It is recommended that the City Commission approve the attached Graffiti Ordinance. REASON (S): The City of Sunny Isles Beach does not have a Graffiti Ordinance of its own, only Chapter 21 of the Miami Dade County Code as adopted. The Code Enforcement and Licensing Department feels that this Ordinance will provide an enforcement tool responsive to the needs of our community. R CS: rs Attachment Agenda Item 9 C- Date 10- {S-~ O~J City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman. Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: Robert Solera, Code Enforcement & Licensing Department Director FROM: DATE: RE: Jane A. Hines, CMC, City Clerk ~I\~ June 20, 2006 Ordinance Addressing Graffiti At its regular meeting of June 15, 2006, the City Commission adopted Ordinance No. 2006- 259, addressing graffiti on public and private property within the City limits. Attached is a copy of the ordinance for your files. Thank you. Attachments c: A. John SzerJag, City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Graffiti Onl AmJ Trans Memo