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As determined by the Board, resale of special assessment property shall be:
(a) At public auction to the highest responsible bidder at a time and place to be fixed by the Board; or
(b) To the highest responsible bidder after advertisement for bids; or
(c) At public auction to the highest responsible bidder at the time and place of the opening of sealed bids after such bids have been publicly opened, examined, and declared; or to the highest responsible sealed bidder if no bid is made at such public auction, or if such bid is not in accordance with the provisions hereof.
Any such sale shall be for cash, and the Board shall in all cases determine and set a minimum bid of not less than $10 per parcel, that will be acceptable. It may reject any and all bids or withdraw any property from sale at any time should it determine such action to be for the public 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.
(a) No sealed bid shall be considered unless accompanied by, and no bid at public auction shall be considered unless such bidder shall have first deposited with the auctioneer, a cash deposit, or a cashier’s check of, or a check certified by a responsible bank in the City of Los Angeles payable to the City of Los Angeles for an amount to be determined by the Board, which amount shall be not less than 10 per cent of the amount of the bid, as a guarantee that the person making such bid will, if the person’s bid is accepted, purchase and pay for such property upon the terms and conditions provided herein or specified in the notice of sale or attached to the list on file of the properties to be sold; or in lieu of such deposit any bidder may furnish with the bidder’s sealed bid or before bidding at public auction a satisfactory surety bond in the said amount and so payable.
(b) Any deposit made or bond furnished by any bidder to whom property has been ordered sold under the provisions of this article shall be subject to forfeiture at the option of the Board if the said bidder shall fail to complete the purchase in accordance with the terms and conditions therefor.
SECTION HISTORY
Based on Ord. No. 96,847.
Added by Ord. No. 140,475, Eff. 6-17-70.
Notwithstanding any other provisions of this article, the Council, when it shall determine that the public interests or necessity require the sale, conveyance or exchange of real property owned by the City or any department thereof, or the quitclaiming by the City or any department thereof, of any interest in real property without notice of sale or advertisement for bids, may, by ordinance adopted by the votes of at least two-thirds of an of its members, authorize the execution of such deed, contract or other instrument as may be necessary to effect such sale, conveyance, exchange or quitclaim at and for a price or consideration and upon the terms and conditions to be specified in such ordinance; provided, further, that such ordinance shall be subject to the provisions of Section 281 of the City Charter.
SECTION HISTORY
Based on Ord. No. 96,847.
Added by Ord. No. 140,475, Eff. 6-17-70.
This article shall be liberally construed in order to effectuate its purposes.
If any section, subsection or portion of this article is declared to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remainder of this article, and the City Council of the City of Los Angeles hereby declares that it would have adopted all of the remaining sections, subsections, and portions of this article notwithstanding.
SECTION HISTORY
Based on Ord. No. 96,847.
Added by Ord. No. 140,475, Eff. 6-17-70.
Section
7.35.1 Scope and Authority.
7.35.2 Procedure to Abate a Public Nuisance where the Procedure is Not Specifically Provided for by City Ordinance or Otherwise Mandated by Law.
7.35.3 Procedures to Confirm a Proposed Lien for Nuisance Abatement Costs and Code Enforcement Costs.
7.35.4 Procedures to Confirm a Proposed Lien for Certain Special Investigations.
7.35.5 Collection of Confirmed Liens.
7.35.6 No Election of Remedies.
7.35.7 Recovery of Attorneys’ Fees.
7.35.8 Disposition of Collected Funds.
7.35.9 Transitional Provisions.
7.35.10 Recordation.
(a) The City hereby establishes its procedures for the abatement of public nuisances, except as otherwise mandated by law or specifically provided by City ordinance, and for the collection of specified fees, costs and charges, as well as the recovery of attorneys’ fees, pursuant to California Government Code Sections 38773, 38773.1, 38773.5 and 54988.
(b) For purposes of this Article, the terms “nuisance” and “public nuisance” shall be defined as set forth in California Civil Code Sections 3479 and 3480 and California Penal Code Section 370, and shall also include any act or condition declared, determined or deemed to be a public nuisance under the provisions of the Los Angeles Municipal Code or the Los Angeles Administrative Code.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
(a) Scope. The procedures set forth in this Section 7.35.2 shall apply to the abatement of a public nuisance as specified in Sections 57.104.14 (nuisance caused by flammable or hazardous materials), 58.01 (nuisance that endangers public health, safety and welfare), and 65.16 (nuisance caused by hazardous private streets) of the Los Angeles Municipal Code and all other instances of a public nuisance where the abatement procedures are not specifically provided for by City ordinance or otherwise mandated by law. The procedures set forth in this Section 7.35.2 shall not apply to the abatement of a public nuisance as specified in Los Angeles Municipal Code Sections 47.50, 49.84.11, 50.00, 57.104.12.1, 57.121.6, 57.322.3, 61.02, 62.103, 62.104, 62.200, 64.70.09, 91.8119.4.2, 91.8119.5.4, 91.8904.3, 91.8905.3, 91.8906.2, 91.8907.4, 98.0402, 98.0411, 98.0421, or 161.904 or Los Angeles Administrative Code Section 19.106, because these sections specifically provide for alternative procedures.
(b) Emergency Abatement. In the event a public nuisance exists that presents an imminent danger to the public health or safety and requires an immediate abatement as an emergency measure, the Board of Public Works or its designee shall proceed forthwith to cause the nuisance to be abated and shall keep account of the cost to do so. The Board of Public Works shall thereafter submit to the City Council a report in the form required in Section 7.35.3 below. Those persons and parcels of land chargeable under California Government Code Sections 38773, 38773.1 or 54988 for the fees, costs or charges related to this summary abatement for creating, causing, committing or maintaining the public nuisance abated shall be identified in the report.
(c) Abatement Following Council Declaration of Public Nuisance. Except where there is an absolute emergency that necessitates the immediate abatement of a public nuisance as provided above, the City Council, upon information received, may declare by resolution the existence of a public nuisance and may also instruct that notices issue and that the Board of Public Works or its designee thereafter proceed with the abatement, if necessary. In the event there is a declaration of a public nuisance by the City Council, and there has been no immediate abatement as an emergency measure:
(1) The Board of Public Works shall obtain a preliminary title report for the sole purpose of identifying current holders of record of property interests in the parcel involved and shall provide the information to the City Clerk.
(2) The Board of Public Works or its designee shall cause a notice of intention to abate a public nuisance to be served upon each person identified in the preliminary title report obtained by the Board of Public Works and to the owner of record of the parcel of land based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared. The Board of Public Works or its designee shall cause a copy of the notice to also be served upon any lessee, occupier or other person in charge or control of the property and to be posted in a conspicuous place upon the subject parcel of land in the event the property is unimproved or unoccupied. The failure of any person or entity to receive the notice shall not render any proceedings invalid. The notice of intention to abate a public nuisance shall identify the property by location, County Assessor’s map book, page and parcel reference, and shall state:
(A) The nature of the existing condition;
(B) That the condition constitutes a public nuisance;
(C) That each person served as provided for in this Subsection (c)(2) is required to abate the nuisance or to cause its abatement;
(D) That in the event the nuisance is abated by the City or its contractor, the cost of abatement may become the personal obligation of the person or persons creating, causing, committing, or maintaining the nuisance and the owner of the property and, if confirmed by the City Council, a lien against the subject property; and
(E) That the persons given notice may appear at a hearing before the City Council at a time, date and location specified in the notice and upon their appearance will be given the opportunity to present and to elicit testimony and other evidence to show cause why the City should not abate the subject nuisance by its own forces or through contract.
(3) The notice required by Subsection (c)(2) above shall be served either in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10 et seq., or by certified mail. The failure of any person or entity to receive the notice shall not render any proceedings invalid.
(4) The City Council shall conduct a hearing at the time, date and location set forth in the notice to hear opposition to the City’s utilizing its own or contract forces to abate the nuisance. The City Council, at the conclusion of the hearing, may order the Board of Public Works to cause the abatement of the nuisance. If so ordered, the Board of Public Works shall cause the abatement to proceed.
(5) City employees, and non-City personnel engaged by City contract for these purposes, are hereby authorized to enter upon private property for purposes of abating a nuisance pursuant to this Article.
(6) City employees, and non-City personnel engaged by City contract for these purposes, shall keep an accurate account of the cost of abatement work performed on each separate parcel.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (a), Ord. No. 180,708, Eff. 7-6-09; Subsec. (c)(2), Ord. No. 181,595, Eff. 4-10-11.
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