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Sec. 7.35.3. Procedures to Confirm a Proposed Lien for Nuisance Abatement Costs and Code Enforcement Costs.
   (a)   Report of Nuisance Abatement Costs. Upon completion of the abatement of a public nuisance as provided in this Article or any other provision of the Los Angeles Municipal Code or Los Angeles Administrative Code, the responsible City department may submit to the City Council an itemized report that includes the date and actual cost of the abatement.
   (b)   Report of Code Enforcement Costs. Upon the imposition of any fee, cost or charge collectible under California Government Code Section 54988 (including costs incurred in performing inspections and enforcement activities, permit fees, fines, late charges and interest) the responsible City department may submit to City Council an itemized report that includes the details regarding the basis for the imposition of the fee, cost or charge.
   (c)   Recoverable Costs May Include 40% Administrative Fee. The actual cost of any abatement of a public nuisance, or the actual cost of any inspections or enforcement activities, may include, where appropriate, an amount equal to 40 percent of the cost to perform the actual work, but not less than $100, to cover the City’s costs for administering any contract and supervising any work required. No costs incurred for any enforcement, abatement, correction or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit may be collected under this Article.
   (d)   Report Must Include Current Market Value, Encumbrances of Record. Each report submitted shall include a then current market value of any property subject to a proposed lien under California Government Code Section 38773.1 or 54988 and the descriptions and amounts of any encumbrances of record with respect to the property.
   (e)   Notice of Hearing: Contents of Notice, Persons Entitled to Notice. Upon receipt of a report as provided in this Section, the City Clerk shall fix a time for the City Council to hear the report and to hear any objections of property owners or other interested parties to a proposed lien against that property in the amount specified in the report, and shall cause written notice of the hearing to be given to each person identified in the preliminary title report obtained by the responsible City department 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 and to each person with an interest in the property who was given notice to abate the nuisance. The written notice shall identify the property by location, County Assessor’s map book, page and parcel reference, and shall in plain language:
   (1)   State the amount of the proposed lien;
   (2)   Describe the basis for the amounts comprising the lien;
   (3)   Provide a minimum of 45 days after notice to pay the fee, cost, or charge;
   (4)   State that the person(s) notified may appear at a meeting of the City Council at a date, time and location specified in the notice to object to the confirmation of the proposed lien in the amount specified in the notice; and
   (5)   State that failure to appear before the City Council on the date, time and location specified may result in the recordation of the proposed lien against the subject property without further notice.
   (f)   Notice of Hearing: Manner of Service. The notice required by Subsection (e) above shall be mailed to the owner of the property by certified mail. If the property subject to the proposed lien is an owner-occupied residential dwelling unit within the meaning of California Government Code Section 54988(a)(3), the notice shall also be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10 et seq. If the owner of record of an owner-occupied residential dwelling unit, after diligent search, cannot be found, then the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and publication in a newspaper of general circulation published in the County of Los Angeles pursuant to California Government Code Section 6062. The failure of any person or entity to receive the notice shall not render any proceedings invalid.
   (g)   Hearing by City Council. At a hearing with respect to confirmation of a proposed lien, the City Council shall consider all evidence presented regarding the proposed lien, and at the conclusion of the hearing shall by order either confirm or disallow the lien in the amount proposed, or modify the lien and confirm it as modified in any lesser amount.
   (h)   Record of Notices. The responsible City Department and the City Clerk shall keep a record of the names and addresses of all persons served with all notices required pursuant to this Article, the location of all properties posted with notices pursuant to this Article, and the dates of any service and/or posting.
Added by Ord. No. 175,596, Eff. 12-7-03.
Amended by: Subsec. (h), Ord. No. 181,559, Eff. 3-22-11.