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