M.H. LAND, LLC - Laserfiche WebLink

Home Browse Search

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; (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 Graffiti. Owner, on behalf of itself, its successor and assigns hereby further covenants and agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or other 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 3(D) needs to be given by the City. G. City May Cure Maintenance Deficiency. In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana Municipal Code. At such a public hearing the City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If upon the conclusion of a public hearing, the City makes a written finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the maintenance and repair obligations referenced in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I) of this Agreement and thereafter 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 any structure, fixture or other improvement located on the Property that is visible from an adjacent or contiguous public right-of-way; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris 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. Any sum expended by the City for the removal of graffiti, solid waste, trash, or other debris pursuant to this Section 3(G)(2) of the Agreement shall become a lien on the Property in accordance with Section 3(H) and the City shall have the right to enforce such lien in the manner provided in Section 3(1). H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, curing any element of the Property of the Project as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G), shall become a lien on the Property. The powers conferred upon City pursuant to this Section 3(H) are in addition to all other remedies which the City may have to enforce this Agreement, or any