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CHAPTER 8
ASSESSMENTS FOR ESSENTIAL PUBLIC UTILITIES
 
 
Section
6.500   Findings.
6.501   Definitions.
6.502   Alternative Method of Collection and Severability.
6.503   Application for Assessment.
6.504   Notice.
6.505   Withdrawal of Application.
6.506   Hearing.
6.507   Confirmation of Assessment.
6.508   Collection of Assessment.
6.509   Deposit in Fund.
6.510   Payments from Fund.
6.511   Conventional Billings for Essential Utilities Services.
6.512   Effective Date of Chapter; Prior Overdue and Unpaid Billings.
6.513   Priority of Assessment.
6.514   Trash Disposal Services.
6.515   Time Extension.
6.516   Clearing Title.
 
 
Sec. 6.500. Findings.
 
   (a)   The City Council of the City of Los Angeles hereby finds that the providing of essential public utilities to residential real properties is essential to the health and welfare of the residents occupying the residential real properties, contributes to the usefulness and value of residential real properties and when such essential public utilities are not provided the health, welfare, and the public safety of the residents are placed at risk due to the fact that the failure to provide essential public utilities causes premises to become uninhabitable by law (Civil Code Section 1941 et seq.) as well as hazardous and substandard, causing the creation of a nuisance pursuant to Los Angeles Municipal Code Section 91.8902.
 
   (b)   The City Council of the City of Los Angeles further finds that the providing of essential public utilities services to residential real properties constitutes a special benefit to such real properties and to the owners thereof.
 
   (c)   The City Council of the City of Los Angeles further finds that tenants of these residential real properties pay rent with the reasonable expectation that the utilities will be paid by the owner and that when an owner or owners of real property are unwilling to pay the costs of providing essential public utilities services to residential real properties the termination of utilities to these properties would create uninhabitable premises and constitute a direct threat to the health and safety of the residents of the properties. Such a threat would in fact be a nuisance placing the health and welfare of the residents of the properties at risk. In such cases, the cost of providing essential public utilities services, as well as the unpaid cost of such services provided to properties in the past, under the same ownership, should be assessed to such real properties, made a lien upon such properties by the City of Los Angeles pursuant to its authority to abate nuisances, and thereafter paid in the same manner as payment is made for other essential public services furnished to and benefiting real properties.
 
SECTION HISTORY
 
Chapter 8 added by Ord. No. 162,383, Eff. 7-23-87.
Amended by: Subsec. (a) and (c), Ord. No. 170,164, Eff. 1-19-95.
 
 
Sec. 6.501. Definitions.
 
   “Application for assessment” as used in this chapter means the procedure whereby a department of the City of Los Angeles which provides one or more essential public utilities services requests that an assessment be levied for the cost of providing its service.
 
   “Cost of providing essential public utilities service” as used in this chapter means the established rates for furnishing of water and electric power, together with all lawfully established taxes, surcharges, and fees upon such costs or service and other charges generally collected with utility payments. With respect to trash disposal service, the said “cost” shall be that charged to comparable real properties, considering the size of the improvement and the number of persons residing thereon, in the vicinity of the real property to be assessed by private trash pick-up and disposal services as determined by informal solicitation of written or oral proposals to furnish such services.
 
   “Essential public utilities or utility service” as used in this chapter means the furnishing of water or electricity, where more than one residential unit is served through a single meter and trash disposal services.
 
   “Overdue” as used in this chapter means that payment for an essential public utility service was not made when payment was due, and said payment is defined to be “due” five days after the placement of the billing for such service in the United States mail. The time periods stated hereafter shall be calculated from said “due” date.
 
SECTION HISTORY
 
Chapter 8 added by Ord. No. 162,383, Eff. 7-23-87.
 
 
Sec. 6.502. Alternative Method of Collection and Severability.
 
   (a)   The procedures of this chapter provide an alternative means of securing and/or obtaining payment for the costs of providing essential public utilities services to residential real properties. Nothing herein shall preclude a department using other methods of securing the payment or obtaining payment for such services, including any other lawful method of placing liens on real property, civil suit and or discontinuance of service.
 
   (b)   If any portion of this chapter is found to be invalid or unconstitutional, whether on its face or as applied, such invalidity or inapplicability shall not affect the remaining portions of this chapter or applicability to other circumstances or persons, it being the intention of the City Council that this chapter be construed and applied to the extent constitutionally permissible notwithstanding it is not fully enforceable.
 
SECTION HISTORY
 
Chapter 8 added by Ord. No. 162,383, Eff. 7-23-87.
 
 
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