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A. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this chapter, with a uniform paint type and color as directed by the city manager or designee.
B. Encroachment permits issued by the city shall be conditioned upon:
1. The permittee shall apply an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city manager, or designee;
2. The immediate removal by the permittee of any graffiti;
3. The right of the city to remove graffiti or to paint the encroaching object or structure;
4. The permittee providing city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.
C. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city may consider imposing any or all of the following conditions:
1. Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city manager, or designee, to each of the publicly-viewable surfaces to be constructed on the site deemed by the city manager, or designee, to be graffiti attracting surface;
2. Applicant shall grant in writing, the right of entry over and access to such parcels, upon forty-eight hours posting of notice, by authorized city employees or agents, to the city for the purpose of removing or painting over graffiti from graffiti attracting surfaces previously designated by the city manager, or designee, and the right to remove or paint over such graffiti. Such grant shall be made an express condition of approval and shall be deemed to run with the land;
3. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;
4. Applicant shall covenant, either as part of the conditions, covenants and restrictions, or as a separate covenant recorded against the individual lot, which covenant shall run with the land and be for the benefit of the city in a form satisfactory to the city, that the owner of the lot shall immediately remove any graffiti placed on publicly viewable structures to city's satisfaction.
(Ord. 94-04-1178 § 1 (part))