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BKS:jd "'8/26/80 ORDINANCE NO. NS-1541 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE V TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE DETERMINING THAT GRAFFITI IS A NUISANCE AND AUTHORIZING ITS REMOVAL AND STATING THE REASONS FOR ITS URGENCY WHEREAS, the City Council has determined that graffiti or other inscribed material on public and private property is a blighting factor which depreciates property values in the area where such graffiti is present and has a negative impact on the entire city; and WHEREAS, the City Council finds and determines that graffiti or other inscribed material is obnoxious and is a public nuisance; and WHEREAS, Section 53069.3 of the Government Code authorizes the City, upon meeting certain requirements, to provide for the removal of graffiti and other inscribed ma- terial from private and public property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION I: That the Santa Ana Municipal Code, is hereby amended by adding an Article to Chapter 17,to be numbered Article V, which said Article reads as follows: ARTICLE V. GRAFFITI REMOVAL Sec. 17-70 Removal of Graffiti and Other Inscribed Material Whenever the City Manager determines that graffiti or other inscribed material is so located on public or privately owned property within the City so as to be capable of being viewed by a person utilizing any public right-of-way, the City Manager is authorized to provide for the removal of the graffiti or other inscribed material upon the following con- ditions: (a) In removing the graffiti or other inscribed material the painting or repair of a more extensive area shall not be authorized. (b) Where a structure is owned by a public entity other than the City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver ap- proved as to form by the City Attorney. (c) Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the City Attorney. SECTION 2: 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