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to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, <br /> may grant, conditionally grant or deny any written request for additional time as determined by <br /> the Code Enforcement Manager. The City shall be under no obligation to consider untimely <br /> submitted time extension requests or requests which fail to provide any of the information <br /> required above. <br /> F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby <br /> further covenants and agrees in favor of the City to keep the exterior surfaces of all structures, <br /> fixtures or other improvements located on the Property free and clear of graffiti. Graffiti shall be <br /> removed within twenty-four(24) hours following the time of its application. A failure by Owner <br /> to remove graffiti within twenty-four (24) hours following its application on any structure, <br /> fixture or other improvement located on the Property shall be deemed to be a Maintenance <br /> Deficiency for which no further notice under Section 3(D) needs to be given by the City. <br /> G. City May Cure Maintenance Deficiency. <br /> 1. In the event Owner fails to cure a Maintenance Deficiency within the time <br /> allowed, the City may initiate a public hearing pursuant to Section 41-651 of the <br /> Santa Ana Municipal Code. At such a public hearing the City shall consider such <br /> evidence and testimony of interested persons as may be relevant to the matter. If <br /> 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. <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 twenty-four(24) hours following its application on any structure, fixture or <br /> other improvement located on the Property that is visible from an adjacent or <br /> contiguous public right-of-way; or (ii) a failure by Owner to remove the <br /> accumulation of solid waste, trash, or other debris that is visible for a duration of <br /> twenty-four (24) hours from an adjacent or contiguous public right-of-way or <br /> from a designated fire lane on the Property. Any sum expended by the City for the <br /> removal of graffiti, solid waste, trash, or other debris pursuant to this Section <br /> 3(G)(2) of the Agreement shall become a lien on the Property in accordance with <br /> Section 3(H) and the City shall have the right to enforce such lien in the manner <br /> provided in Section 3(I). <br /> H. City'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 <br /> 3(FI) are in addition to all other remedies which the City may have to enforce this Agreement, or <br /> any 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 />