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File #: 100198.    Version: Name: GRAFFITI ABATEMENT PROGRAM (B)
Type: Ordinance Status: Adopted
File created: 7/7/2011 In control: City Attorney
On agenda: Final action: 7/21/2011
Title: GRAFFITI ABATEMENT PROGRAM (B) Ordinance No. 100198 An Ordinance of the City of Gainesville, Florida, amending Divisions 1 and 2 of Chapter 13 of the Code of Ordinances relating to graffiti; by repealing the definition of graffiti in Division 1, section 13-1 and repealing the reference to graffiti in Division 1, section 13-2; amending Division 2 by creating and adding the Gainesville Graffiti Abatement Program, consisting of sections 13-6 through 13-13; providing title, purpose and findings; definitions; removal of graffiti; reporting of graffiti; graffiti on city property; graffiti on other government property; graffiti on private owned property; failure of owner to abate graffiti; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 100198_GraffitiMtgMinsAug_20100927.pdf, 2. 100198_GraffitiOrdOtherCities_20110110.pdf, 3. 100198_GraffitiOrdinances_20110217.pdf, 4. 100198_Draft Ordinance_20110707.pdf, 5. 100198b_Graffiti Abatement Program_20110707.ppt, 6. 100198_ordinance_20110721.pdf
title
GRAFFITI ABATEMENT PROGRAM (B)

Ordinance No. 100198
An Ordinance of the City of Gainesville, Florida, amending Divisions 1 and 2 of Chapter 13 of the Code of Ordinances relating to graffiti; by repealing the definition of graffiti in Division 1, section 13-1 and repealing the reference to graffiti in Division 1, section 13-2; amending Division 2 by creating and adding the Gainesville Graffiti Abatement Program, consisting of sections 13-6 through 13-13; providing title, purpose and findings; definitions; removal of graffiti; reporting of graffiti; graffiti on city property; graffiti on other government property; graffiti on private owned property; failure of owner to abate graffiti; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PUBLIC SAFETY COMMITTEE REPORT

The Public Safety Committee discussed this referral at its September 27, 2010 and January 10, 2011 meetings, hearing reports from staff on how other cities handle their graffiti issues and the issue of gang related graffiti, including the Tallahassee model. At the January 10, 2011 meeting, the Committee voted unanimously to recommend that the City Commission authorize drafting a graffiti abatement ordinance to provide Code Enforcement regulations to handle the clean up of graffiti by private owners; using a model from Miami Beach that was presented to the Committee that states if the owner doesn't clean up the graffiti, the City will clean it up and may bill them for it. This Miami Beach provision was, itself, largely based upon the IMLA Model Anti-Graffiti Ordinance.

CITY ATTORNEY MEMORANDUM

After researching the issues relating to the elimination and removal of graffiti by other jurisdictions, the City Attorney’s Office, in consultation with the City Manager, the Police Department and Code Enforcement ...

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