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ORD-03-81 ADDING SECTION 8.37.040 CONCERNING REMOVAL OF GRAFFITI AT CITY EXPENSEORDINANCE NO. 3- 81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 8.37 OF THE ORANGE MUNICIPAL CODE BY ADDING SEcrION 8.37.040 THERETO CONCERNING REMOVAL OF GRAFFITI AT CITY EXPENSE.WHEREAS, the existence of graffiti on public and private property is a blighting factor which not only depreciates the value of the property which was the target of the vandalism,but also depreciates the value of the adjacent and surrounding properties; and WHEREAS, graffiti is a visual offense and is obnoxious to the vast majority of the community; and WHEREAS, the placing of graffiti on the property of another is an act of vandalism and a crime as defined in Section 594( a)of the California Penal Codei and WHEREAS, on October 28, 1980, the City Council found and determined that graffiti endangers the public welfare and that appropriate steps shall be taken to greatly reduce or eliminate this insult to the sensibilities of its citizens.WHEREAS, California Government Code Section 53609.3 provides that a city may enact an ordinance to allow the use of public funds for the removal of graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within such citYi and WHEREAS, the City Council desires to adopt an ord. inance in accordance with said provision of state law, subject to the limitations stated therein.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:SEcrION I:Chapter 8.37 of the Orange Municipal Code is hereby amended by adding Section 8.37.040 to read as follows:Section 8.37.040. Graffiti Removal At City Expense.Notwithstanding any other provision of the Orange Municipal Code,whenever the City Manager or persons designated by him determine that graffiti or other inscribed material is so located on fences,masonry or concrete block walls or on similar structures situated on either publicly-awned or privately-owned real property so as to be capable of being viewed by any person using a public right-of-way,the City Manager or persons designated by him may authorize re-moval of said graffiti or other inscribed material at City expense in accordance with California Government Code Section 53069.3.Removal may be accomplished either by eradicating the graffiti or other inscribed material or by covering over same Section II: This Ordinance shall be published once within fifteen (15)days after its passage in the Orange City News, a newspaper ofgeneralcirculation, published and circulated in the City ofOrange, and shall take effect thirty (30) days from and afterthedateofitsfinalpassage. ADOPTED this 20th day of January, ATTEST: g~,~CITY CLERK F THE CITYC6"F ORANGE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE ss I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, DO HEREBY CERTIFY that the foregoing ordinance wasintroducedataregularmeetingoftheCityCouncilheldonthe13thdayofJanuary1981, and thereafter at a regularmeetingofsaidCityCouncildulyheldonthe20thdayof January,1981, was dUly passed and adopted by the foilowing vote, to wit: AYES: COUNCILMEN: Barrera, Smith, Mayor Beam, Perez, Beyer. NOES: ABSENT: COUNCILMEN: None COUNCILMEN: None Witness my hand and seal this 21st day of January, 1981. Marilyn J. Jensen City Clerk of the City of Orange 2- ORANGE CITY NEWS PUBLICATION DATE Wednesday, 1- 28-81 LEGAL NOTICE ORDINANCE NO. 3-8l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 8.37 OF THE ORANGE MUNICIPAL CODE BY ADDING SECTION 8.37.040 THERETO CONCERNING REMOVAL OF GRAFFITI AT CITY EXPENSE. 11 Original on file in the City Clerk' s Dept.)SYNOPSIS:Ordinance No. 3-81 amends the Orange Municipal Code concerntvt".O removal of graffiti from structures on property viewed by citizens using public right-of-way, at City expense.ADOP1ED By the City Council of the City of Orange at a regular meeting held Tuesday, January 20, 1981, by the following vote: AYES:NOES:ABSENT:COUNCILMEN:COUNCILMEN:COUNCILMEN: BARRERA, SMITH, MAYOR BEAM, PEREZ, BEYER.NONE.." :NONE.CITY OF ORANGE Marilyn J. Jensen, City Clerk r_------------- --"-ATTEST:C~~