Loading...
Hazardous private street shall mean any private street, either improved or unimproved, which is open for access for vehicular traffic and which the Director has determined to contain any or all of the following defects:
(a) A roadway, the surface material of which has loosened, buckled, split, crumbled, eroded or in any other way whatsoever deteriorated so as to make it unsafe for vehicular traffic or so as to constitute a roadway obstruction to the adequate access by fire, po- lice, health and sanitation, and public utility vehicles.
(b) A roadway, the surface of which has become blocked in whole or in part by the deposit of earth or other materials thereon, or by reason of any other cause.
(c) A roadway, all or any portion of which is likely to collapse because of deterioration, decay, faulty construction, or by reason of the removal or movement of any portion of the ground necessary for the support thereof.
All hazardous private streets within the terms of Section 65.03 of this article are hereby declared to be public nuisances and shall be repaired in the manner hereinafter provided.
(Amended by Ord. No. 181,595, Eff. 4/10/11.)
When the Director determines that any private street is a hazardous private street, the Director shall serve an order requiring the correction of the hazardous condition. One copy of the order shall be served on each owner of the land constituting the private street and upon the owner of each contiguous or adjacent parcel of property having an easement in the private road as such owners are shown on the last equalized assessment roll of Los Angeles County or as known to the City Engineer.
(a) Method of Service. The order to repair shall be served upon all persons entitled thereto, either personally or by certified mail, postage prepaid, return receipt requested, at the address of such persons as the same appears either on the last equalized assessment roll of the County, or as known to the City Engineer, or as disclosed in any search of title. If no such address appears, or is disclosed, or is known to the City Engineer, then a copy shall be addressed to such person at the lot or parcel involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
(b) Affidavit of Service. The officer or employee of the Department of Public Works, upon giving notice as provided herein, shall file an affidavit thereof with the board certifying to the time and manner in which such notice was given. The officer or employee shall also file therewith any receipt card which may have been returned to the officer or employee in acknowledgement of the receipt of such notice by certified mail.
The order shall be given upon a form prescribed by the Board and shall set forth the street address and the legal description, sufficient for identification of the parcel or parcels constituting the private street. It shall contain a brief statement specifying the defects causing the street to be a hazardous private street and their location. It shall also contain a statement of the work required to be done in order to correct said defects and place the street in a reasonable state of repair in light of its original construction and that no work shall be commenced without first obtaining a written permit pursuant to Sections 62.106–62.111 of the Los Angeles Municipal Code. The Director shall specify therein the time in which the work required to be done must be commenced, which shall not be later than 60 days following the issuance of the order, and shall further specify a reasonable time within which the work shall be completed.
The Director may extend the time for completion for good cause upon written request for such an extension.
Loading...