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C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
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C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
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Last modified
1/29/2024 12:35:33 PM
Creation date
10/19/2023 1:46:45 PM
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Contracts
Company Name
C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
Contract #
N-2023-273
Agency
Planning & Building
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consider untimely submitted time extension requests or requests which fail to provide any of the <br />information required above. <br />P. Removal of Graffiti. Owner and Applicant, each on behalf of itself, its successor and <br />assigns hereby further covenants and agrees in favor of the City to keep the exterior surfaces of all <br />structures, fixtures or other improvements located on the Property free and clear of graffiti. Graffiti <br />shall be removed within ten (10) days following the time of its application. A failure by Owner <br />and Applicant to remove graffiti within ten (10) days following its application on any structure, <br />fixture or other improvement located on the Property shall be deemed to be a Maintenance <br />Deficiency. <br />G. City May Cure Maintenance Deficiency. <br />In the event Owner and Applicant fail to cure a Maintenance Deficiency within the <br />time allowed, the City may initiate a public hearing pursuant to Section 41-651 of <br />the Santa Ana Municipal Code. At such a public hearing the City shall consider <br />such evidence and testimony of interested persons as may be relevant to the matter. <br />If upon the conclusion of a public hearing, the City makes a written finding that a <br />Maintenance Deficiency exists and that there appears to be non-compliance with <br />the maintenance and repair obligations referenced in Section 3(A) of this <br />Agreement, the City shall have the right to record the notice described in Section <br />3(I) of this Agreement and thereafter the City may enter upon or otherwise access <br />the Property for the purpose of curing the Maintenance Deficiency without further <br />notice to Owner or Applicant. <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 ten (10) days following its application on any structure, fixture or other <br />improvement located on the Property that is visible from an adjacent or contiguous <br />public right-of-way; or (ii) a failure by Owner to remove the accumulation of solid <br />waste, trash, or other debris that is visible for a duration of seven (7) days from an <br />adjacent or contiguous public right-of-way or from a designated fire lane on the <br />Property. Any sum expended by the City for the removal of graffiti, solid waste, <br />trash, or other debris pursuant to this Section 3(G)(2) of the Agreement shall <br />become a lien on the Property in accordance with Section 3(I-I) and the City shall <br />have the right to enforce such lien in the manner provided in Section 3(1). <br />H. Citv'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(I1) <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 />5 <br />
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