(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, , 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.