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The City may, pursuant to California Government Code Section 38773.5(b), recover attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the City elects to seek attorneys’ fees, then attorneys’ fees shall be recovered by the prevailing party, rather than limiting recovery of attorneys’ fees to the City if it prevails. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Any amounts collected pursuant to the provisions of this article shall be returned to the original source of funding, including as provided in Los Angeles Municipal Code Section 91.8906.1.2.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
(a) Whenever there has been a sale to the City or a deed to the City under the provisions of former Los Angeles Municipal Code Sections 91.8906.3.20, 91.8906.3.22, 62.103(g)(18) or 62.103(g)(20) on or prior to the effective date of this ordinance, the sale or deed to the City is hereby deemed canceled as of the effective date of this ordinance. Simultaneously with the cancellation of any sale or deed to the City, the City’s lien for any costs incurred for the abatement of any nuisance shall revive. The lien shall have the same priority as a judgment lien and shall date back to the date on which the original lien was recorded pursuant to former Section 91.8906.3.8 or 62.103(g)(6).
(b) The responsible City Department is directed to: (1) record a quitclaim deed in relation to each property for which a deed described in Paragraph (a) above has been recorded, and (2) give written notice of recording the quitclaim deed to the owner of the property described in the quitclaim deed, based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared. Each quitclaim deed shall state on its face that the original lien is revived and the date the original lien was recorded. Each quitclaim deed shall also state on its face any exception to the quitclaim for any easement or other interest in each property that the City may properly retain.
(c) Collection of the costs secured by the liens revived as described in Paragraph (a) above shall be pursuant to the provisions of this article.
(d) Whenever there has been a confirmation of an assessment under the provisions of former Los Angeles Municipal Code Sections 57.104.14, 62.103(g)(1) through 62.103(g)(3), or 91.8906.3.1 through 91.8906.3.4, or former Los Angeles Administrative Code Sections 19.96 B.6. or 19.97, on or prior to the effective date of this ordinance, the confirmed assessment shall be treated and collected as a confirmed lien under the applicable provisions of Sections 7.35.5 through 7.35.8 of this Article.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (b), Ord. No. 181,559, Eff. 3-22-11.
Notices or instruments related to proceedings for the collection of nuisance abatement costs, or the collection of any fees, costs or charges subject to the provisions of this Article, including costs incurred performing inspections and enforcement activities collectible under Government Code Section 54988, shall be entitled to recordation. Notices entitled to recordation pursuant to this section shall include, without limitation, notices of pending liens.
SECTION HISTORY
Added by Ord. No. 184,432, Eff. 9-21-16.
It is hereby declared that the best interests of the City of Los Angeles require, and it is the policy of the City of Los Angeles, that the Board of Public Works is and shall be authorized to perform the duties of the City in connection with any state highway property which is proposed to be relinquished to the City in accordance with the laws of this state.
SECTION HISTORY
Based on Ord. No. 129,734.
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