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It is the policy of the City of Los Angeles that when real property is acquired for public use prior to it being needed for public use, such real property shall be rented for purposes consistent with its nature, the neighborhood in which it is located, and the financial interest of the City, and shall not be permitted to remain unused, if use is practical. If use of the real property pending public use is impractical, improvements on said real property shall be cleared in a manner which will be most compatible with financial benefit to the City, and also with the appearance, safety and tranquility of the neighborhood. This policy is mandatory for all property acquired for departments other than those designated in Section 70(a) of the Los Angeles City Charter. It is recommended to those departments listed in said Section 70(a).
SECTION HISTORY
Added by Ord. No. 145,802, Eff. 5-16-74.
Whenever real property is being acquired or has been acquired for public use, the department or bureau having control of the project for which such property is being or has been acquired, shall advise the City Engineer and the General Manager of the Department of General Services in writing of the date on which it believes it will require possession of said property. Upon receipt of said advice, the City Engineer shall determine whether the real property should be immediately cleared of improvements or whether rental of said property is practical, and shall advise the General Manager of the Department of General Services of said determination.
SECTION HISTORY
Added by Ord. No. 145,802, Eff. 5-16-74.
Amended by: Ord. No. 152,427, Eff. 6-2-79.
(a) If the real property is needed for early public use, and therefore cannot be rented, the City Engineer shall first determine whether the improvements located upon the real property are capable of being moved to another location or of being salvaged. If the improvements are movable or salvageable the City Engineer shall offer said improvements for sale to the former owner by private sale, at the reasonable retention value of the improvements as previously determined by the City Engineer.
(b) If the former owner does not purchase the said improvements, the City Engineer may sell them at private sale to a public agency or public entity which may desire to purchase said improvements at said reasonable retention value.
(c) If neither the former owner nor another public entity purchase the improvements, the City Engineer may order the improvements to be sold to the highest bidder at public auction.
Said auction shall be held in the manner provided for by Section 7.24 of this Code, except that Council authority to hold said auction need not be obtained
(d) If it appears to the City Engineer, subject to the approval of the Board of Public Works, that sale by public auction of the improvements is not financially feasible, because the probable sale price of such improvements will be less than or nearly equal to the cost of administering the auction sale, the sale of said improvements or the right to salvage material therefrom may be made by a private sale, without notice of sale or advertisement for bids, at a price not less than the reasonable retention value, determined as aforesaid.
(e) Any sale pursuant to this section is to be confirmed by the Board of Public Works of the City of Los Angeles. The President of said Board is hereby authorized to execute any bill of sale or other document of title which may be required to transfer title to the said improvements.
(f) Nothing contained herein shall require the City Engineer to offer to sell or offer to Permit salvage of improvements when, in the City Engineer’s opinion, the improvements are not capable of being moved, and/or have a salvage value which is less than the cost of demolition.
(g) Any net proceeds from the rental of the premises or the sale of the improvements shall be credited to the source of funds for the acquisition of right-of-way for the project.
SECTION HISTORY
Added by Ord. No. 146,802, Eff. 5-16-74.
Subsecs. (a), (b), (c), (d), (f), amended by Ord. No. 152,427, Eff. 6-29-79.
(a) If it is determined that the improvements located upon a parcel of land acquired for public use are not suitable for sale or for salvage, or if attempts to sell for such purposes have been unsuccessful, the improvements located upon the parcel acquired for public use shall be demolished as soon as possible to avoid or minimize the risk of the improvements becoming a nuisance to the community. When demolition of the improvements is necessary, the City Engineer shall so advise the Board of Public Works which, if it concurs, shall contract for the demolition of said improvements in the manner provided for in Division 10 of this Code.
(b) The cost of demolition of improvements located upon land acquired for public use shall be paid from the source of funds for the acquisition of right-of-way for the project.
SECTION HISTORY
Added by Ord. No. 145,802, Eff. 5-16-74.
Subsec. (a), amended by Ord. No. 152,427, Eff. 6-29-79.
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