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PACIFIC BELL TELEPHONE COMPANY
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PACIFIC BELL TELEPHONE COMPANY
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Last modified
11/24/2021 2:50:16 PM
Creation date
11/24/2021 2:49:48 PM
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Contracts
Company Name
PACIFIC BELL TELEPHONE COMPANY
Contract #
N-2021-232
Agency
Planning & Building
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F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby further <br />covenants and agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or <br />other improvements located on the Property free and clear of graffiti. Graffiti shall be removed <br />within forty-eight (48) hours following the time of its application. A failure by Owner to remove <br />graffiti within forty-eight (48) hours following its application on any structure, fixture or other <br />improvement located on the Property shall be deemed to be a Maintenance Deficiency for which <br />no further notice under Section 3(D) needs to be given by the City. <br />G. City May Cure Maintenance Deficiency. <br />In the event Owner fails to cure a Maintenance Deficiency within the time allowed, <br />the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana <br />Municipal Code. At such a public hearing the City shall consider such evidence and <br />testimony of interested persons as may be relevant to the matter. If upon the <br />conclusion of a public hearing, the City makes a written finding that a Maintenance <br />Deficiency exists and that there appears to be non-compliance with the maintenance <br />and repair obligations referenced in Section 3(A) of this Agreement, the City shall <br />have the right to record the notice described in Section 3(I) of this Agreement and <br />thereafter the City may enter upon or otherwise access the Property for the purpose <br />of curing the Maintenance Deficiency without further notice to Owner. <br />2. The foregoing notwithstanding, the City, without notice to Owner, shall have the <br />right to enter the Property and remove graffiti, solid waste, trash, or other debris <br />under the following two circumstances: (i) a failure by Owner to remove graffiti <br />within forty-eight (48) hours following its application on any structure, fixture or <br />other improvement located on the Property that is visible from an adjacent or <br />contiguous public right-of-way; or (ii) a failure by Owner to remove the <br />accumulation of solid waste, trash, or other debris that is visible for a duration of <br />forty-eight (48) hours from an adjacent or contiguous public right-of-way or from <br />a designated fire lane on the Property. Any sum expended by the City for the <br />removal of graffiti, solid waste, trash, or other debris pursuant to this Section <br />3(G)(2) of the Agreement shall become a lien on the Property in accordance with <br />Section 3(H) and the City shall have the right to enforce such lien in the manner <br />provided in Section 3(I). <br />H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, curing any element of the Property of the Project as authorized in Section <br />3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G), <br />shall become a lien on the Property. The powers conferred upon City pursuant to this Section 3(H) <br />are in addition to all other remedies which the City may have to enforce this Agreement, or any <br />building or development project permit under other law including public nuisance abatement <br />proceedings or any other action at law or equity. <br />I. Enforcement of Liens by the City. <br />The rights conferred upon the City by Owner under Section 3 of this Agreement <br />expressly include the power to establish and enforce a lien or other encumbrances <br />against the Property or any portion thereof, subject to all then existing other liens <br />and encumbrances on the Property, in an amount reasonably necessary to reimburse <br />the City for its reasonable costs of the necessary and reasonable costs incurred by <br />
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