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50A - ORDINANCE - ANTIGRAFFITI MEASURES
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08/03/2009
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50A - ORDINANCE - ANTIGRAFFITI MEASURES
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Last modified
1/3/2012 4:17:36 PM
Creation date
7/29/2009 1:11:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
50A
Date
8/3/2009
Destruction Year
2014
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repair or maintenance of private property in the City must abate graffiti as <br />set forth below. <br />(b) Failure to Remove. If the property owner has not removed the <br />graffiti within ten (10) days after its appearance or has refused consent to <br />the City to enter the property and abate the nuisance, the City may, <br />pursuant to this Section, remove graffiti at the owner's an expense as a <br />public nuisance and to assess the property for such abatement costs in <br />accordance the procedures set forth in Chapter 17, Sections 17-1 through <br />17-43 of the Santa Ana Municipal Code. <br />(c) Exceptions to the Removal Requirement. The removal <br />requirements identified in this section shall not apply if the property owner <br />or responsible party can demonstrate that the property owner or <br />responsible party lacks the financial ability to remove the graffiti; or the <br />property owner or responsible party has an active program for the removal <br />of graffiti and has scheduled the removal of the graffiti as part of that <br />program. In such case it shall be unlawful to permit such property to <br />remain defaced with graffiti for a period of ten (10) days after service by <br />first class mail of notice of the defacement. <br />Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of <br />the Santa Ana Municipal Code to read in full as follows: <br />Sec. 10-229. Minor and Parental Financial Responsibility for Graffiti <br />Violations of Law. <br />(a) Pursuant to Government Code Sections 38772, 38773.2, and <br />38773.6, the City Council hereby makes the expense of abatement of graffiti <br />violations of law committed by minor a personal obligation of both the <br />minor causing the graffiti nuisance and the parent(s) or legal guardian(s) <br />having custody and control of the minor (who shall be jointly and severally <br />liable with the minor), and a lien against the property of the minor or a lien <br />against the property of the parent(s) or legal guardian(s) having custody <br />and control of the minor. <br />(b) Pursuant to Government Code Section 38772(c), the County <br />Probation Officer shall report the names and addresses of parent(s) or <br />legal guardian(s) having custody and control of the minor responsible for a <br />violation of this Chapter to the Clerk of the Council. <br />(c) Pursuant to Government Code Section 38773.7, upon a second <br />or subsequent civil or criminal judgment within atwo-year period, the City <br />may find that the minor causing the grafhti nuisance and the parent(s) or <br />Ordinance No. NS-XXX <br />50A-12 Page 11 of 15 <br />
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