FR.3 - AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), TITLED “OFFENSES - MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY,” TO AMEND RESPONSIBILITY FOR THE GRAFFITI MITIGATION PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
October 8, 2026
Sponsors
Commissioner Christine King (D5)
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, the City of Miami (“City”) has a Graffiti Mitigation Program (“Program”) to assist victims of constant graffiti in managing their buildings and keeping them marking free; and
WHEREAS, Section 37-2 of the Code of the City of Miami, Florida, as amended (“City Code”), sets forth the Program and its operation; and
WHEREAS, while the Program used to be administered by the local area Neighborhood Enhancement Team (“NET”) offices, when those offices were closed down during the Novel Coronavirus (“COVID-19”) Pandemic, responsibility was shifted to the Code Compliance Department (“Code”) under Ordinance 14292 which was adopted on June 27, 2024; and
WHEREAS, as Code is also the City Department which issues notices of violations for graffiti violations, some in the community are reluctant to come forward to seek help out of concern they may get cited for a violation and fined; and
WHEREAS, in an effort to ease community concerns, it is in the best interest to align the Program in an assistance effort rather than enforcement effort; and
WHEREAS, this change will create a more open and accessible environment for community members who are suffering through constant graffiti attacks on their property and will promote the public health, safety, and welfare of the community at large;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the City Codeis hereby amended in the following particulars:
“CHAPTER 37
OFFENSES - MISCELLANEOUS
Sec. 37-2. – Malicious defacement, marking; etc., of real property.
\*\*\*
(f)Whenever the city becomes aware of the existence of graffition any property, including structures or improvements within the city, a code enforcement officer is authorized, upon such discovery, to give, or cause to be given, notice to remove or effectively obscure such graffitiwithin the time period enumerated in the notice, to the owner, agent or manager who shall cause thegraffitito be removed or effectively obscured by any means so long as it is completely obliterated, painted or touched up with the same or substantially similar color of existing paint or texture of the original wall, fence, siding or part of the structure afflicted. The time period enumerated in the notice shall not be less than ten days. The property owner / violator may receive a civil citation or a notice of violation pursuant to Chapter 2, Article X.A civil citation provides for a one-time fine which may be appealed by the property owner / violator and a notice of violation provides a time for compliance before any daily fine may be ordered by the Code Enforcement Board. Persons needing information or assistance in curing agraffitiviolation may contact the code compliance departmentgraffitimitigation program. The phone number to the code compliance department graffitimitigation program shall appear conspicuously in bold numerals on the notice issued pursuant to this subsection for purposes of providing assistance to those who receive such notice. Persons not responsible for causinggraffiti but responsible for curing it, who cannot afford to obliterate, paint or touch up such graffitiwith 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 code compliance departmentgraffiti mitigation program shall obliterate, paint or touch upgraffiti on the property with paint as substantially similar in color as can be provided to the wall, fence, siding or part of the structure afflicted. No penalties, fines, or costs shall be imposed on persons owning property, acting as manager or agent for the owner of property, or in possession or control of property who utilize the code compliance department graffiti mitigation program to remove or effectively obscure suchgraffiti. Persons who request to receive assistance from the code compliance departmentgraffitimitigation program and are qualified to receive such assistance, shall not be subjected to penalties, fines, or costs pursuant to this section. The requirements for the code compliance departmentgraffitimitigation program are:
(1)Graffiti Mitigation Program (“Program”): If the Property Owner/Violator has been issued a violation for graffiti done by third parties on a regular basis or are being victimized by graffiti they may obtain information or assistance in curing agraffitiviolation or graffiti in existence for which there is no violation issued by contacting the City’s Solid Waste Department or City Manager’s Designee.
(2)If the Code Compliance Department has issued a violation, the violation will also include a number contact, and City staff can assist with remediating the graffiti.
(3)If a civil citation is issued, there will be a listed fine and instructions on how the civil citation can be appealed pursuant to Chapter 2, Article X. The violation received will indicate “Ticket/Citation” at the top. Failure to timely appeal the civil citation shall result in a lien being issued and recorded with Miami-Dade County Clerk of Court.
(4)If a notice of violation is issued, no fine amount will be listed on the violation and the violation received will indicate “Notice of Violation Potential Property Lien” at the top. Failure to comply with this notice in the time provided shall result in the case being set before the Code Enforcement Board where daily fines may be ordered, as well as other penalties.
(5)Persons not responsible for causinggraffiti but responsible for curing it, who cannot afford to obliterate, paint or touch up such graffitiwith the same color of existing paint of the original wall, fence, siding or part of the structure affected can receive assistance from the City Program operated by the Solid Waste Department or City Manager’s Designee.
(6)The Program can provide assistance to obliterate, paint or touch upgraffiti on the affected property with paint as substantially similar in color as can be provided to the wall, fence, siding or relevant part of the structure.
(7)No penalties, fines, or costs shall be imposed on persons owning property, acting as manager or agent for the owner of property, or in possession or control of property who qualify and utilize the Program to remove or obscure graffiti and who have timely requested assistance after being cited for a violation or who otherwise qualify for the Program without having been cited.
(8)Persons who request to receive assistance from the Program with an open violation are eligible to have their case complied without any further fine or costs as long as the request for Program assistance complies with Subsection (7) above.
(9)The requirements for the Graffiti Mitigation Program are:
(1i)Only ground floor areas of structures that abut the public rights-of-wayare eligible;
(2ii)The city will clean/obscure the graffitiaffecting the qualifying non-violating owners' property structure a maximum of two occasions in one calendar year (at least two weeks apart) of the first violation without penalty if the property owner contacts code compliance department the Program within ten (10) days of the issuance of the violation;
(iii)If a property has not been cited, the City will clean/obscure the graffiti affecting the qualifying non-violating owners’ property structure a maximum of two (2) occasions in one (1) calendar year (at least two (2) weeks apart) from the first date application to the Program;
(3iv)If the graffiti is visible from the public rights-of-way but not accessible due to height ofgraffitior other barriers, the qualifying non-violating property owner shall be required to sign a release authorizing city employees entry upon the property to clean/obscure the graffiti; if owner complies with said requirement, the city's assistance will count towards the maximum of two as indicated above in above subsection (f)(29)(iii). To receive assistance without penalty, the qualifying owner will be required to provide the release within ten days of receiving the request for authorization;
(4v)A qualifying non-violating property may be eligible for a third cleaning/obscuring by the city without penalty if the property owner can show they have taken steps to mitigate the ability of third-party(s) tograffitithe property by the deployment of security cameras, security personnel, or other actions to deter further acts.
(g)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 the time period enumerated in the notice, as described in subsection (f). 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 present a case to the code enforcement board or special master and fines shall be assessed against the property until it comes into compliance.
(h)The property owner has five business days from receipt or posting of the notice to file for an appeal hearing before a special master.Any civil citation appeal or Code Enforcement Board hearing shall be conducted as provided for in Chapter 2, Article X of the City Code.
(i)The appeal hearing referenced in subsection (h) shall be scheduled for the first available appeal hearing before a special master.
(j)Appeal hearings shall be conducted by a special master in accordance with article X, [section 2-826](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-826COADHE).
(k)If the property is found guilty by the special master, the property owner or designee must remove or effectively obscure the graffiti within the time period ordered by the special master.
(li)If the property continues to be in violation after the time period referred to in subsection (f) or the time period referred to in subsection (k), whichever is later a property owner/violator fails to timely request Program assistance and/or fails to appeal an issued civil citation and/or fails to comply a notice of violation in the time provided in the initial violation or the time given by the Code Enforcement Board, the Solid Waste Department or city manager or designee shall cause corrective action to take place at the property owner's expense.
(mj)The city manager or designeeProgram, through the Solid Waste Department or City Manager’s Designee, shall have the right to enter upon private property to the extent necessary to take corrective action. No person shall obstruct, impede, or interfere with the city manager or designee whenever the city manager or designee is engaged in the work of corrective action pursuant to this section or in performing any necessary act preliminary to or incidental to such work pursuant to this section. Entry into any dwelling or structure is expressly prohibited.
(nk)Public right-of-way. Whenever the city becomes aware of the existence of graffiti on any property, including any structure or improvement, that abuts the public right-of-way within the city, the city manager or designeeSolid Waste Department or City Manager’s Designeeis authorized to immediately remove or obscure such graffiti.
(1)Definition.For purposes of subsection (nk), property that abuts the public right-of-way shall only be property that is easily accessible to the city Manager or designeeSolid Waste Department or City Manager’s Designee,and does not substantially encroach on private property.
(2)Objection.Property owners are hereby put on notice of the requirements of this section and the city's intention to immediately remove or obscure graffiti placed on walls, buildings, and other surfaces that abut the public right-of-way. The city shall publish notice of this section once during each week for four consecutive weeks in a local newspaper pursuant to F.S. ch. 50. Any property owner who objects to graffiti being removed or obscured on property abutting the public right-of-way shall file a statement of objection with the city manager or designee within 30 days of the date of the final published notice. Such objection shall be effective for one year. A new objection must be filed each year thereafter to preserve the objection. If an objection is filed by a property owner, subsection (n) shall not apply to that property owner's property. The property owner who objects pursuant to this subsection shall still be subject to the remaining subsections of this section.
(3)Notice.The appearance of graffiti on a wall, building, or other surfaces abutting the public right-of-way shall serve as notice to the property owner that the graffiti is subject to being obscured or removed by the city. Any property owner who has not filed an objection under subsection (nk)(2) and who desires to obscure or remove the graffiti himself/herself shall (i) immediately remove the graffiti or (ii) notify the city manager or designee immediately of his/her intention to remove or obscure the graffiti within 48 hours. Graffiti not removed or obscured within 48 hours is subject to removal by the city manager or designee.
(ol)After taking corrective action, including any corrective action taken on property abutting the public right-of-way pursuant to subsection (nk), thecity manager or designee shall file a code enforcement lien in the amount of all expenses incurred in correcting the condition, including all fines, continuing penalties, and actual administrative costs.
(pm)Such code enforcement liens pursuant to this section shall be treated as special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to, or against the real property involved. The maximum rate of interest allowable by law shall accrue to such delinquent accounts. Notice of such lien shall be filed in the office of the clerk of the circuit court and recorded in the public records of Miami-Dade County, Florida. Once recorded, such lien shall constitute a lien against the property on which the graffiti existed and upon any other real or personal property owned by the property owner. Such liens shall be enforced by any of the methods provided by F.S. ch. 86, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading, and procedure for the foreclosure of mortgages on real estate set forth in the Florida Statutes, or may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The property owner shall pay all costs of collection, including reasonable attorney fees, incurred in the collection of fees, service charges, penalties, and liens imposed by virtue of this section.
(qn)Alternatively, code enforcement proceedings pursuant to [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X may be brought against the property upon which the graffiti exists.
(ro)If code enforcement proceedings are initiated, 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 (g), shall be punished by a fine as determined by the code enforcement board. When determining the amount of fine to impose, the code enforcement board shall consider 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 or property if, in the sole determination of the city manager or designee, or the code enforcement board, 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.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
WHEREAS, Section 37-2 of the Code of the City of Miami, Florida, as amended (“City Code”), sets forth the Program and its operation; and
WHEREAS, while the Program used to be administered by the local area Neighborhood Enhancement Team (“NET”) offices, when those offices were closed down during the Novel Coronavirus (“COVID-19”) Pandemic, responsibility was shifted to the Code Compliance Department (“Code”) under Ordinance 14292 which was adopted on June 27, 2024; and
WHEREAS, as Code is also the City Department which issues notices of violations for graffiti violations, some in the community are reluctant to come forward to seek help out of concern they may get cited for a violation and fined; and
WHEREAS, in an effort to ease community concerns, it is in the best interest to align the Program in an assistance effort rather than enforcement effort; and
WHEREAS, this change will create a more open and accessible environment for community members who are suffering through constant graffiti attacks on their property and will promote the public health, safety, and welfare of the community at large;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the City Codeis hereby amended in the following particulars:
“CHAPTER 37
OFFENSES - MISCELLANEOUS
Sec. 37-2. – Malicious defacement, marking; etc., of real property.
\*\*\*
(f)Whenever the city becomes aware of the existence of graffition any property, including structures or improvements within the city, a code enforcement officer is authorized, upon such discovery, to give, or cause to be given, notice to remove or effectively obscure such graffitiwithin the time period enumerated in the notice, to the owner, agent or manager who shall cause thegraffitito be removed or effectively obscured by any means so long as it is completely obliterated, painted or touched up with the same or substantially similar color of existing paint or texture of the original wall, fence, siding or part of the structure afflicted. The time period enumerated in the notice shall not be less than ten days. The property owner / violator may receive a civil citation or a notice of violation pursuant to Chapter 2, Article X.A civil citation provides for a one-time fine which may be appealed by the property owner / violator and a notice of violation provides a time for compliance before any daily fine may be ordered by the Code Enforcement Board. Persons needing information or assistance in curing agraffitiviolation may contact the code compliance departmentgraffitimitigation program. The phone number to the code compliance department graffitimitigation program shall appear conspicuously in bold numerals on the notice issued pursuant to this subsection for purposes of providing assistance to those who receive such notice. Persons not responsible for causinggraffiti but responsible for curing it, who cannot afford to obliterate, paint or touch up such graffitiwith 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 code compliance departmentgraffiti mitigation program shall obliterate, paint or touch upgraffiti on the property with paint as substantially similar in color as can be provided to the wall, fence, siding or part of the structure afflicted. No penalties, fines, or costs shall be imposed on persons owning property, acting as manager or agent for the owner of property, or in possession or control of property who utilize the code compliance department graffiti mitigation program to remove or effectively obscure suchgraffiti. Persons who request to receive assistance from the code compliance departmentgraffitimitigation program and are qualified to receive such assistance, shall not be subjected to penalties, fines, or costs pursuant to this section. The requirements for the code compliance departmentgraffitimitigation program are:
(1)Graffiti Mitigation Program (“Program”): If the Property Owner/Violator has been issued a violation for graffiti done by third parties on a regular basis or are being victimized by graffiti they may obtain information or assistance in curing agraffitiviolation or graffiti in existence for which there is no violation issued by contacting the City’s Solid Waste Department or City Manager’s Designee.
(2)If the Code Compliance Department has issued a violation, the violation will also include a number contact, and City staff can assist with remediating the graffiti.
(3)If a civil citation is issued, there will be a listed fine and instructions on how the civil citation can be appealed pursuant to Chapter 2, Article X. The violation received will indicate “Ticket/Citation” at the top. Failure to timely appeal the civil citation shall result in a lien being issued and recorded with Miami-Dade County Clerk of Court.
(4)If a notice of violation is issued, no fine amount will be listed on the violation and the violation received will indicate “Notice of Violation Potential Property Lien” at the top. Failure to comply with this notice in the time provided shall result in the case being set before the Code Enforcement Board where daily fines may be ordered, as well as other penalties.
(5)Persons not responsible for causinggraffiti but responsible for curing it, who cannot afford to obliterate, paint or touch up such graffitiwith the same color of existing paint of the original wall, fence, siding or part of the structure affected can receive assistance from the City Program operated by the Solid Waste Department or City Manager’s Designee.
(6)The Program can provide assistance to obliterate, paint or touch upgraffiti on the affected property with paint as substantially similar in color as can be provided to the wall, fence, siding or relevant part of the structure.
(7)No penalties, fines, or costs shall be imposed on persons owning property, acting as manager or agent for the owner of property, or in possession or control of property who qualify and utilize the Program to remove or obscure graffiti and who have timely requested assistance after being cited for a violation or who otherwise qualify for the Program without having been cited.
(8)Persons who request to receive assistance from the Program with an open violation are eligible to have their case complied without any further fine or costs as long as the request for Program assistance complies with Subsection (7) above.
(9)The requirements for the Graffiti Mitigation Program are:
(1i)Only ground floor areas of structures that abut the public rights-of-wayare eligible;
(2ii)The city will clean/obscure the graffitiaffecting the qualifying non-violating owners' property structure a maximum of two occasions in one calendar year (at least two weeks apart) of the first violation without penalty if the property owner contacts code compliance department the Program within ten (10) days of the issuance of the violation;
(iii)If a property has not been cited, the City will clean/obscure the graffiti affecting the qualifying non-violating owners’ property structure a maximum of two (2) occasions in one (1) calendar year (at least two (2) weeks apart) from the first date application to the Program;
(3iv)If the graffiti is visible from the public rights-of-way but not accessible due to height ofgraffitior other barriers, the qualifying non-violating property owner shall be required to sign a release authorizing city employees entry upon the property to clean/obscure the graffiti; if owner complies with said requirement, the city's assistance will count towards the maximum of two as indicated above in above subsection (f)(29)(iii). To receive assistance without penalty, the qualifying owner will be required to provide the release within ten days of receiving the request for authorization;
(4v)A qualifying non-violating property may be eligible for a third cleaning/obscuring by the city without penalty if the property owner can show they have taken steps to mitigate the ability of third-party(s) tograffitithe property by the deployment of security cameras, security personnel, or other actions to deter further acts.
(g)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 the time period enumerated in the notice, as described in subsection (f). 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 present a case to the code enforcement board or special master and fines shall be assessed against the property until it comes into compliance.
(h)The property owner has five business days from receipt or posting of the notice to file for an appeal hearing before a special master.Any civil citation appeal or Code Enforcement Board hearing shall be conducted as provided for in Chapter 2, Article X of the City Code.
(i)The appeal hearing referenced in subsection (h) shall be scheduled for the first available appeal hearing before a special master.
(j)Appeal hearings shall be conducted by a special master in accordance with article X, [section 2-826](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-826COADHE).
(k)If the property is found guilty by the special master, the property owner or designee must remove or effectively obscure the graffiti within the time period ordered by the special master.
(li)If the property continues to be in violation after the time period referred to in subsection (f) or the time period referred to in subsection (k), whichever is later a property owner/violator fails to timely request Program assistance and/or fails to appeal an issued civil citation and/or fails to comply a notice of violation in the time provided in the initial violation or the time given by the Code Enforcement Board, the Solid Waste Department or city manager or designee shall cause corrective action to take place at the property owner's expense.
(mj)The city manager or designeeProgram, through the Solid Waste Department or City Manager’s Designee, shall have the right to enter upon private property to the extent necessary to take corrective action. No person shall obstruct, impede, or interfere with the city manager or designee whenever the city manager or designee is engaged in the work of corrective action pursuant to this section or in performing any necessary act preliminary to or incidental to such work pursuant to this section. Entry into any dwelling or structure is expressly prohibited.
(nk)Public right-of-way. Whenever the city becomes aware of the existence of graffiti on any property, including any structure or improvement, that abuts the public right-of-way within the city, the city manager or designeeSolid Waste Department or City Manager’s Designeeis authorized to immediately remove or obscure such graffiti.
(1)Definition.For purposes of subsection (nk), property that abuts the public right-of-way shall only be property that is easily accessible to the city Manager or designeeSolid Waste Department or City Manager’s Designee,and does not substantially encroach on private property.
(2)Objection.Property owners are hereby put on notice of the requirements of this section and the city's intention to immediately remove or obscure graffiti placed on walls, buildings, and other surfaces that abut the public right-of-way. The city shall publish notice of this section once during each week for four consecutive weeks in a local newspaper pursuant to F.S. ch. 50. Any property owner who objects to graffiti being removed or obscured on property abutting the public right-of-way shall file a statement of objection with the city manager or designee within 30 days of the date of the final published notice. Such objection shall be effective for one year. A new objection must be filed each year thereafter to preserve the objection. If an objection is filed by a property owner, subsection (n) shall not apply to that property owner's property. The property owner who objects pursuant to this subsection shall still be subject to the remaining subsections of this section.
(3)Notice.The appearance of graffiti on a wall, building, or other surfaces abutting the public right-of-way shall serve as notice to the property owner that the graffiti is subject to being obscured or removed by the city. Any property owner who has not filed an objection under subsection (nk)(2) and who desires to obscure or remove the graffiti himself/herself shall (i) immediately remove the graffiti or (ii) notify the city manager or designee immediately of his/her intention to remove or obscure the graffiti within 48 hours. Graffiti not removed or obscured within 48 hours is subject to removal by the city manager or designee.
(ol)After taking corrective action, including any corrective action taken on property abutting the public right-of-way pursuant to subsection (nk), thecity manager or designee shall file a code enforcement lien in the amount of all expenses incurred in correcting the condition, including all fines, continuing penalties, and actual administrative costs.
(pm)Such code enforcement liens pursuant to this section shall be treated as special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to, or against the real property involved. The maximum rate of interest allowable by law shall accrue to such delinquent accounts. Notice of such lien shall be filed in the office of the clerk of the circuit court and recorded in the public records of Miami-Dade County, Florida. Once recorded, such lien shall constitute a lien against the property on which the graffiti existed and upon any other real or personal property owned by the property owner. Such liens shall be enforced by any of the methods provided by F.S. ch. 86, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading, and procedure for the foreclosure of mortgages on real estate set forth in the Florida Statutes, or may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The property owner shall pay all costs of collection, including reasonable attorney fees, incurred in the collection of fees, service charges, penalties, and liens imposed by virtue of this section.
(qn)Alternatively, code enforcement proceedings pursuant to [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X may be brought against the property upon which the graffiti exists.
(ro)If code enforcement proceedings are initiated, 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 (g), shall be punished by a fine as determined by the code enforcement board. When determining the amount of fine to impose, the code enforcement board shall consider 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 or property if, in the sole determination of the city manager or designee, or the code enforcement board, 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.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
Fiscal Impact
N/A