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(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.
In addition to ordering the repair of a hazardous private street, the Director may order the immediate closing thereof until the repair work has been satisfactorily completed if the Director deems that the hazard is extreme.
Any person served with an order to repair may, at any time prior to the date specified in the order for the work to be commenced, file a written appeal to the Board of Public Works, upon such form as the Board shall prescribe, for a review of any of the requirements of said order. The filing of such an appeal shall stay all requirements of the order until a determination of the matter is rendered by the Board. The Board shall promptly set a date for the hearing of the appeal and shall at least 10 days prior thereto, serve and post notice of the date thereof in the manner, prescribed by Sections 65.05, 65.06 and 65.07. The Board shall make such investigations as it deems necessary and shall upon the date set for hearing of the appeal from the order to repair, hear and consider evidence offered by any interested person. Thereafter, but in no event later than 45 days from receipt of the appeal, the Board shall make written findings of fact as to whether or not the private street is a hazardous private street within the terms of this division, and may affirm, change or modify any of the requirements of the repair order.
The order of the Board affirming, changing or modifying the requirements of the order of the Director shall be served and posted in the manner specified by Sections 65.05, 65.06 and 65.07. If the order of the Board requires the performance of any work, it shall specify the time within which the work required to be done must be commenced, which shall be not later than 60 days following the issuance of said 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.
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