Ordinance 2006-259 - Laserfiche WebLink

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(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