(Added by Ord. No. 140,170, Eff. 5/17/70.)
(a) Declaration of Purpose. It is the purpose of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby parkways in commercial or industrial zoned property fronting on major or secondary highways on which weeds, debris or an accumulation of rubbish exist in such amounts and to such an extent as to constitute a menace to the safety, health and general welfare of the people of this City, may be required to be paved.
(b) Necessary City Council Determinations. If the City Council determines that weeds, debris or rubbish exist on parkways in commercial or industrial zones fronting on major or secondary highways as shown on the latest revised Master Plan of Highways in such amounts and to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance; and
If the City Council further determines that it is impossible or impracticable to maintain such parkways free of such weeds, debris or rubbish by ordering the use of any other methods, the City Council may order the owners of property fronting on said parkways to pave said parkways with concrete including tree wells and street trees in accordance with the provisions of this section.
(c) Zones – Applicable. For purposes of this ordinance the following zones shall be considered commercial or industrial zones: P, PB, CR, C1, C2, C4, CM, M1, M2, and M3.
(d) Notification to Pave. When the Board of Public Works finds that owners of property located in commercial or industrial zones fronting on parkways adjacent to primary or secondary highways have failed to maintain said parkways free of weeds, debris or rubbish, said Board may, upon instructions of the City Council, notify the owner or person in possession of the property fronting on the parkway to pave said parkway with concrete.
(e) Notice – Requirements.
1. Notice to pave the parkway may be given by delivering a written notice personally to the owner or other person in possession of the property facing upon the parkway or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at his last known address as it appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the City Engineer. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
2. The postal card shall contain a notice to pave the parkway and the Board of Public Works shall immediately upon the mailing of the notice cause a copy thereof, printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property.
3. The notice shall specify the day, hour and place when the City Council will hear and pass upon objections and protests, if any, which may be raised by any property owner or any interested person, but in no case shall such hearing be sooner than 10 days after giving of notice. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon such objections and protests. The decision of the City Council on a protest or objection which may be made shall be final and conclusive.
4. The notice shall set forth the street address and a legal description, sufficient for identification, of the locations at which the parkways are to be paved. It shall particularly specify what parkways are to be paved, and that the paving shall be done pursuant to the specifications set forth in the Municipal Code for sidewalk construction and pursuant to rules and regulations of the Board of Public Works and upon the issuance of a permit by the Board of Public Works. The notice shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion within a reasonable time period to be specified in said notice, the Board of Public Works shall cause the paving to be done and the cost thereof shall be a lien on the property.
(f) Failure to Comply With Notice – Board to Perform Work. If the construction is not commenced and prosecuted to completion with due diligence as required by the notice, or by the City Council, the Board of Public Works shall forthwith cause the parkway to be paved, including providing for tree wells and street trees where applicable, and failure by the property owner to pay the costs of the work shall result in a lien against the property fronting on the parkway as provided below. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
Once the Board has commenced the paving work, the owner or person in possession of the affected property shall be deemed to have forfeited all rights and privileges to do such work and is thereafter prohibited from doing such work except as the Board may otherwise allow and if the owner or other person having charge or control of the affected property then proceeds to perform the work without a permit, the Board shall charge the person who caused said work to be performed the sum of $50.00 as partial reimbursement to the City for those expenses incurred in preparation of the work, including solicitation of bids, in the event the City contracts to have the work performed by private contractors.
(g) Collection of Costs. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property fronting on the parkway, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(h) All payments of costs incurred including fees, fines, late charges and interest and of the partial reimbursement referred to in Subsection (f) shall be paid to the Board of Public Works and deposited in the City Treasury to the credit of the proper fund. (Amended by Ord. No. 175,596, Eff. 12/7/03.)