YOUNG SOO KIM - Laserfiche WebLink

Home Browse Search

under the general municipal policy powers reserved to the City under this Section 8(C) if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section 8(D) of this Agreement. D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in Section 8(A) (such failure hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner. E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify in detail: (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the reason why such additional time is needed under the circumstances; and (ii) what steps Owner have already taken to commence the cure of the Maintenance Deficiency, The City, in its reasonable discretion, may grant, conditionally grant or deny any written request for additional time as determined by the Code Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above. F. Removal of Graffti. Owner hereby further covenants and agrees to keep the exterior surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be removed within twenty-four (24) hours following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for which no further notice under Section 8(D) needs to be given by the City. G. City May Cure Maintenance Defciency. 1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to Owner. 2. The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure by Owner to remove graffiti within twenty-four (24) hours following its application on the Improvements; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris immediately adjacent to the Improvements that is visible for a duration of twenty- four (24) hours from an adjacent or contiguous public right-of-way or from a designated fire lane on the Property. H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, or curing any element of the Improvements as authorized in Section 8 for which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the Property subject to enforcement by the City under applicable law.