(a) A nuisance exists when a business handles a hazardous substance that has not been disclosed as required by of the Los Angeles Municipal Code. In the event a business is not in compliance with the requirements of , and thus a nuisance exists, the Fire Department shall give notice to the on-site manager and the owner of the business, as well as the property owner, that they must immediately file a completed application for a Certificate for the business, as required by of the Los Angeles Municipal Code, and abate the nuisance. The notice shall state that if the application is not filed, the Fire Department may conduct a special inspection or other action necessary to obtain the required information concerning the handling of hazardous substances at the business site, that the costs of obtaining the information, together with any administrative costs and fees, may become a proposed lien against the parcel, and that, upon City Council confirmation of the proposed lien, the lien will be recorded against the subject property and collected on the next regular property tax bill.
(b) In the event an application for a Certificate is not filed by the business as required, the Fire Department may conduct a special inspection or other appropriate action necessary to obtain information concerning the handling of hazardous substances at the business site.
(c) In the event of a special inspection or other action, the Fire Department shall invoice the business for the cost of the inspection or other action and administrative costs and fees. If the invoice is not paid, an itemized written report showing the date and cost of any special inspection or other action by the City, and administrative costs and fees, together with the proposed lien with respect to the parcel, shall be submitted by the Fire Department to the Board of Fire Commissioners for its consideration.
(d) The Board of Fire Commissioners shall then cause a written notice to be mailed by certified mail to the on-site manager and to the owner of the business as well as to the property owner at the owner’s last known address. The failure of any person or entity to receive the notice shall not render any proceedings invalid. The notice shall identify the parcel and the business site in question and shall state in plain language the following:
(1) That a special inspection, or other action, has been taken in order to abate a public nuisance;
(2) That an invoice setting forth the cost of inspection or other action has been mailed to the on-site manager and to the owner of the business as well as to the property owner and a copy of the report setting forth the cost of abatement will be available for review at a specified location;
(3) That the City proposes to record a lien against the parcel for the cost of the abatement unless the full amount of the invoice is paid within 45 days after the date the notice is mailed to the property owner;
(4) That there will be a public hearing with respect to the proposed lien at the date, time, and location designated in the notice;
(5) That the on-site manager, the owner of the business, the property owner, and their duly authorized representatives may appear before a hearing examiner at the date, time and location specified in the notice or may request to appear at an alternate date and/or time. The hearing examiner may designate an alternate date and/or time at his or her reasonable discretion. Any of the listed parties appearing at the hearing will be given the opportunity to present evidence to show cause why the proposed lien should not be confirmed in the amount specified in the bill;
(6) That written objections to a proposed lien and requests for an alternate hearing date and/or time submitted to the hearing examiner must identify the parcel proposed to be assessed. The notice, or copy, may, but need not, be used for purpose of the identification.
(7) In the event the hearing examiner sets an alternate date and/or time for an appearance, the Fire Department will notify the on-site manager and the owner of the business as well as the property owner as to that alternate date and/or time; and
(8) That written objections to the proposed lien must be submitted to the hearing examiner prior to the commencement of the hearing.
(e) On the date specified in the notice, or on any day to which the hearing is continued by action of the Board of Fire Commissioners, the Board or its designee, shall act as the City’s hearing examiner and shall conduct a hearing, consider the report setting forth the cost of inspection or other action, receive evidence from Fire Department personnel and others, and consider the evidence presented by the parties prior to or at the hearing.
(f) After the hearing has been closed, the hearing examiner shall prepare a report and a proposed decision based upon the evidence presented. The report shall identify and include:
(1) the name and mailing address of the on-site manager and the owner of the business as well as the property owner to which a notice of hearing and proposed lien was mailed;
(2) the hearing examiner’s factual findings based on the evidence introduced at the hearing and the hearing examiner’s conclusions, recommendations and proposed decision with respect to each parcel;
(3) a recommendation on whether the proposed lien should be:
(A) confirmed in the amount set forth in the notice;
(B) disallowed, or
(C) confirmed in an amount less than that set forth in the notice;
(4) the hearing examiner’s reasons for its recommendations.
The report shall accurately summarize the hearing proceedings, including the objections and other evidence presented by each party.
(g) If the hearing was conducted by other than the Board of Fire Commissioners, and after a review of the report the Board does not concur with the recommendations, the Board may send the matter back to the hearing examiner for further action, or the Board may, after due notice, conduct a new hearing and prepare its own decision and recommendations for City Council consideration.
(h) Upon adoption of the report by the Board of Fire Commissioners, as hearing examiner, or Board concurrence in the report of its duly appointed hearing examiner, if other than the Board, the report and proposed decision with respect to a contested proposed lien shall be transmitted to the City Clerk’s Office for placement upon the Council calendar no fewer than 15 days after its receipt. The proposed decision shall be in a form that may be adopted as the decision of the City Council.
(i) The Board of Fire Commissioners, on behalf of and in the name of the City Council, and concurrently with its submitting a report to the City Council, shall cause a copy of the proposed decision in the matter to be transmitted to the on-site manager and the owner of the business as well as to the property owner, along with a Fire Department telephone number and location where a copy of the hearing examiner’s complete report is available for inspection. The Board shall include a notice that the noticed persons may submit in writing to the City Clerk any information of newly discovered or additional evidence within 15 days from the transmittal date shown on the copy of the proposed decision.
(j) The City Council by motion or resolution may refer the matter back to the hearing examiner for further hearing before a final decision is made. If the matter is so referred, the City Clerk shall return the complete file on that parcel and proposed lien to the hearing examiner. Upon receipt of the file, the hearing examiner shall reset the matter for hearing any additional evidence, give due notice, and conduct the hearing for that purpose, and shall then submit another report and proposed decision to the City Council for its review and decision in the same manner as described above.
(k) Upon receipt of the Board of Fire Commissioners’ final proposed decision, the City Council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the City Council. Notice in writing of any de novo hearing shall be provided to the on-site manager and the owner of the business as well as to the property owner at least ten days in advance of the scheduled hearing.
SECTION HISTORY
Added by Ord. No. 175,596, Eff. 12-7-03.