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It is hereby directed that the best interests of the City of Los Angeles require that it is the policy of the City of Los Angeles that special assessment property that is or shall be deeded to the City of Los Angeles for delinquent assessments shall go back to private ownership unless required for public use.
SECTION HISTORY
Based on Ord. No. 96,847.
Added by Ord. No. 140,475, Eff. 6-17-70.
As used in this article:
“City” shall mean the City of Los Angeles.
“Clerk” or “City Clerk” shall mean the City Clerk of the City of Los Angeles.
“Board” or “Board of Public Works” shall mean the Board of Public Works of the City of Los Angeles.
“Other public agency” shall mean any governmental body, taxing agency, Special Assessment District, or other public corporation created by State or Federal law, or a department thereof, other than the City of Los Angeles, or a department of such City.
“Special assessment property” shall mean and include any property that is or shall be deeded to the City of Los Angeles for delinquent assessments pursuant to statutes of the State of California or ordinances of the City of Los Angeles which provide for the assessment of costs or acquisition for any construction or maintenance of public improvements upon property benefited thereby, the sale of such property for delinquent assessments, and the execution of deeds thereto, if not redeemed.
“Classification” shall include reclassification and shall mean the determination of the suitability or adaptability of property for public use purpose or for private ownership.
“Former owner” shall mean the person or the legal representative of the person, who, at the time of the deed of special assessment property by or through which the title was first conveyed to the City, was:
(a) The person owning the fee, or any portion of or undivided interest in the fee;
(b) The person in whom legal title appeared by deeds duly recorded in the office of the County Recorder of Los Angeles County.
“Lawful successor in interest” shall mean, as it relates to such former owner:
(a) The grantee of or purchaser from such former owner under a deed or written agreement;
(b) The heirs or devisees, or any of them, of such former owner if the former owner is deceased, or the executor or administrator of the former owner’s estate if it is in probate;
(c) The grantee or any person claiming through such grantee named in either of the following:
(1) A tax deed from the State of California;
(2) A deed of any public official, or of any person appointed or designated by the Court therefor, executed pursuant to legal proceedings authorizing the sale of such property;
(3) A deed of the City Treasurer or other public official, board, or body, executed pursuant to special assessment laws.
It shall be presumed that persons applying for reconveyance qualify as “former ownership” or “lawful successor in interest” under the said definitions thereof if such persons appear by records of the County Recorder of Los Angeles County as purporting to have acquired interests by or through the deeds or other instruments of title specified in the said definitions.
“Reconveyance” shall mean the transfer of special assessment property back to a former owner or the former owner’s lawful successor in interest by quitclaim deed as provided herein.
“Resale” shall mean the restoration of special assessment property to private ownership by public auction or by sealed bids as provided herein.
SECTION HISTORY
Based on Ord. No. 96,847.
Amended by: Ord. No. 101,605.
Added by Ord. No. 140,475, Eff. 6-17-70.
For the purpose of carrying out the provisions of this article, the Board of Public Works shall act for the City and is hereby authorized and directed to exercise and assume the rights and powers and perform the duties of the City in connection with the possession, administration, investigation, and classification of special assessment property, its reconveyance to former owners, or resale and restoration to private ownership on sealed bids or public auction, and to authorize and approve negotiations and the execution of all contracts and documents in connection therewith; provided, however, that the reconveyance or sale of any such property on which the recorded assessed valuation is in excess of $1,000 shall be made by the Board, subject to the approval of the City Council as hereinafter provided.
SECTION HISTORY
Based on Ord. No. 96,847.
Added by Ord. No. 140,415, Eff. 6-17-70.
The Board shall classify all special assessment property and may reclassify the same or any portion thereof. Such classification shall be for the purpose of determining, and shall include, but is not limited to, the following:
(a) What property is suitable for public use and what the public use shall be;
(b) What department of the City or what other public agency may accept the property for such public use and be administering agency therefor;
(c) What property is suitable to go back to private ownership.
Any department of the City or any other public agency may file application with the Board for the classification of any special assessment property as suitable for public use and to be the administering agency therefor.
The classification by the Board of property as suitable for public use, and any application, request, or offer therefor for such use, shall be subject to the Council’s approval, modification, acceptance or rejection, and the transfer by the Council, as hereinafter provided, for such public use.
Any special assessment property or any portion thereof that is not, within reasonable time after the execution of the deed to the City, classified as suitable and transferred by the Council for public use shall be deemed to be and shall be classified as suitable to go back to private ownership.
SECTION HISTORY
Based on Ord. No. 96,847.
Amended by: Ord. No. 101,605.
Added by Ord. No. 140,475, Eff. 6-17-70.
Upon a date which shall be set by the Board, or as soon thereafter as practicable, the Board shall make a report to the Council of its classification of any property as suitable for public use, also of all applications, requests, or orders therefor for public use, and all applications for the reconveyance thereof filed with the Board prior to such date by former owners or lawful successors in interest.
At least 20 days before the said date, the Board shall cause a written notice to be mailed, postage prepaid, addressed to the former owner of such property as the former owner’s name and address appear on the last Equalized Assessment Roll or as known to the City Engineer. Such notice shall state that the property is proposed for public use; that on a specified date, or as soon thereafter as practicable, a report of such proposal will be made to the City Council; and that applications for the reconveyance of such property may be filed with the Board prior to such date, but not thereafter. The failure to mail the said notice, or failure of any person to receive the same, shall not affect whatsoever the validity of the proceeding taken by the Council in the matter of the proposed classification and transfer of property for public use.
The City Council shall, by resolution, accept for public use such properties as have been classified as suitable and as it determines should be retained for public use by the City.
The Council shall also, by ordinance, accept, if it approves, the offer of any other public agency for the purchase of property so classified as suitable for the public use of such agency.
SECTION HISTORY
Based on Ord. No. 96,847.
Amended by: Ord. No. 101,605.
Added by Ord. No. 140,475, Eff. 6-17-70.
Amended by: 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
Application for reconveyance by the Board of special assessment property, setting forth the claim of the applicant thereto, may be filed with the Board by the former owner or the former owner’s lawful successor in interest at any time prior to 30 days before the date set for the resale of such property, or, if the property is proposed for public use, at any time prior to the date set for the Board to report to the Council regarding such proposed public use; provided, however, that in no event shall such application be filed with the Board later than one year after the date of the initial conveyance to the City by special assessment deed, or one year after the effective date of this amendment to this section, whichever is the later.
For the necessary investigation, classification and execution of a quit-claim deed of the property, payment shall be made to the Board in the amount of $3.00 per parcel in connection with such application filed within a period of one year after the initial conveyance of the property to the City, or in the amount of $17.00 per parcel in connection with original applications for reconveyance filed with the Board after such period. The fees herein shall be adjusted, if required, to cover the City’s administrative costs and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
SECTION HISTORY
Based on Ord. No. 96,847.
Amended by: Ord. No. 120,044.
Added by Ord. No. 140,475, Eff. 6-17-70.
Amended by: Second unnumbered para., Ord. No. 168,733, Eff. 5-31-93.
Upon the filing of such application for reconveyance as provided in Section 7.34.6 of this article and the additional receipt from the applicant of the amounts hereinafter required, and upon investigation and showing satisfactory to the Board that the property is suitable to go back to private ownership and that the applicant is entitled thereto under the provisions of this article, the Board shall execute to such person a reconveyance by quitclaim deed of the interest of the City in said property. Provided, however, that where the City has or claims title or interest in the property other than through deeds for special assessments or where the Board determines that such action is required for the public interest, such application may be denied. Where two or more such applications are made for the same property, priority in consideration shall be in the order in which they are filed.
Any application filed with the Board by the former owner or the former owner’s lawful successor in interest for the reconveyance of special assessment property held by the City which is classified as suitable for private ownership and not yet advertised for resale shall be transmitted forthwith to the Council, or such property shall be set for resale as provided herein at the earliest practicable date, where such application is for reconveyance upon terms not within the power of the Board to grant under this article, but the granting of which, due to special circumstances, may be in the public interest or in furtherance of and in conformity with the preference extended hereby to former owners or lawful successors in interest.
SECTION HISTORY
Based on Ord. No. 96,847.
Amended by: Ord. No. 101,605.
Added by Ord. No. 140,475, Eff. 6-17-70.
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