75B - GRAFFITI ABATEMENT - Laserfiche WebLink

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eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and/or hearing officer. i. At Owner's Expense. Any surface of a structure on a parcel of land used for non-residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. ii. At City's Cost. The owner of property used for non- residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Ordinance No. NS-XXX 75B-1 ~ Page 5 of 6