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degree reasonably necessary to restore the defaced area and to avoid an ,`„ aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified in Section 10-228, below. (e) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property in a manner described in subsection (a), above, pursuant to the provisions of this Article, Penal Code Section 594, Civil Code Sections 731 and 1714.1 and Government Code Sections 38771, et seq. Section 8. Section 10-228 is added to Chapter 10 of the Santa Ana Municipal Code to read as follows: ~` Sec. 10-228. Abatement by Property Owner. (a) Property Owner Responsibility. Any person who is the owner or who has primary responsibility for control of private property or for repair or maintenance of private property in the City must abate graffiti as set forth below. (b) Failure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth in Chapter 17, Sections 17-1 through 17-43 of the Santa Ana Municipal Code. (c) Exceptions to the Removal Requirement. The removal requirements identified in this section shall not apply if the property owner or responsible party can demonstrate that the property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program. In such case it shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Ordinance No. NS-2791 Page 9 of 13