Ordinance 2006-259 - Laserfiche WebLink

Home Browse Search

(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