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"'8/26/80
ORDINANCE NO. NS-1541
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA
ADDING ARTICLE V TO CHAPTER 17 OF THE SANTA ANA
MUNICIPAL CODE DETERMINING THAT GRAFFITI IS A
NUISANCE AND AUTHORIZING ITS REMOVAL AND STATING
THE REASONS FOR ITS URGENCY
WHEREAS, the City Council has determined that graffiti
or other inscribed material on public and private property is
a blighting factor which depreciates property values in the
area where such graffiti is present and has a negative impact
on the entire city; and
WHEREAS, the City Council finds and determines that
graffiti or other inscribed material is obnoxious and is a
public nuisance; and
WHEREAS, Section 53069.3 of the Government Code
authorizes the City, upon meeting certain requirements, to
provide for the removal of graffiti and other inscribed ma-
terial from private and public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION I: That the Santa Ana Municipal Code,
is hereby amended by adding an Article to Chapter 17,to be
numbered Article V, which said Article reads as follows:
ARTICLE V.
GRAFFITI REMOVAL
Sec. 17-70
Removal of Graffiti and Other
Inscribed Material
Whenever the City Manager determines that graffiti
or other inscribed material is so located on public or privately
owned property within the City so as to be capable of being
viewed by a person utilizing any public right-of-way, the
City Manager is authorized to provide for the removal of the
graffiti or other inscribed material upon the following con-
ditions:
(a) In removing the graffiti or other inscribed
material the painting or repair of a more extensive area
shall not be authorized.
(b) Where a structure is owned by a public entity
other than the City, the removal of the graffiti or other
inscribed material may be authorized only after securing the
consent of the public entity having jurisdiction over the
structure and such entity executes a release and waiver ap-
proved as to form by the City Attorney.
(c) Where a structure is privately owned, the
removal of the graffiti or other inscribed material may be
authorized only after securing the consent of the owner and
the owner executes a release and waiver approved as to form
by the City Attorney.
SECTION 2: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
ORDINANCE NO. NS-1541
PAGE TWO
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance.
The City Council of the City of Santa Ana hereby declares
that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof ir-
respective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
SECTION 3: This Council finds that this ordinance
is urgently required as an emergency ordinance for the immediate
preservation of the public peace, health and safety for the
following reason:
Graffiti is an extremely serious problem within the
City and measures must be undertaken immediately to prevent
and remove graffiti.
THEREFORE, the City Council declares that this
ordinance shall take effect, and be adopted, as an emergency
measure and is to be effective from the date of adoption as
set forth in the Charter of the City of Santa Ana.
ADOPTED this 15th
1980, by the following vote:
day of September ,
AYES:
COUNCILMEN:
NOES:
COUNCILMEN:
Griset, Luxembourger, Markel,
Ward, Yamamoto
None
ABSENT:
COUNCILMEN: Bricken, Serrato
ATTEST:
APPROVED AS TO ~ORM;
MAYOR
EDWARD J. CDOPE ,~City Attorney