50A - ORD ANTI GRAFFITI MEASURES

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v. Conditioning repeated abatement of the same property upon modifcations or improvements to the property to discourage or prevent defacement. (c) It shall be unlawful for any Responsible Party to permit property which is defaced with graffiti, who, in accordance with the standards of the City program described in (b) above, (i) refuses to grant consent to the City to abate graffiti on their property, (ii) has an area not qualifying for abatement, or (iii) otherwise maintains their property in a manner such that it constitutes an attractive nuisance contrary to conditions imposed, to remain so defaced for a period deemed reasonable under the circumstances, but in no event longer than seven (7) days after notice of same. If the Responsible Party fails to remove the offending graffiti within the time period specified, the city may also commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of chapter 17 of this code. Section 4. Section 1-18.2 is amended to Chapter 1 of the Santa Ana Municipal Code to read in full as follows: Sec. 1-18.2. Public works agency authority to issue citations. The executive director of public works agency or his designee has the duty to enforce the provisions of sections 10-26,10-27,10-71 and 10-100, 16-1 through 16-4,16-30,16-31,16-33 through 16-37.5, 16-39, 16-48, 18-17,36-148,33-30, 33-60,33-62,33-152,33-157,33-162,33-188,33-189 through 33-192, 36-45, 36-46,39-26,39-33 and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of this Code. The executive director of the public works agency or his designee is authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the Penal Code of the State of California (commencing with Section 853.6). Section 5. Section 10-178 is amended to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: (a) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such 50A-7 Ordinance No. NS-XXX Page 5 of 7