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(Amended by Ord. No. 171,939, Eff. 4/15/98.)
Notwithstanding any other provision of this Code to the contrary, it shall be unlawful for any person, firm, or corporation to maintain, use, or occupy any building within the scope of this division which does not meet the minimum earthquake standards specified in this division.
Any person who violates, causes or permits another person to violate this provision is guilty of a misdemeanor. Any person includes an owner, lessor, sublessor, manager or person in control of a building subject to this division. This term shall not include any person who is merely a tenant or other individual occupying any dwelling unit, efficiency dwelling unit, guest room or suite in a building. The legal owner of a building is that person, firm, corporation, partnership or other entity whose name or title appears on the record with the Office of the County Recorder, as well as all successors or assignees of these persons.
EXCEPTION: This section shall not apply to any building on which work is proceeding in compliance with the time limits set forth in this division, and/or in compliance with any extensions of time granted by the Department or the Board; or any action, order or determination made by the Department or the Board in the implementation of this division.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8813.1. General. This section shall apply to every vacant unreinforced masonry bearing wall building within the scope of this division which has not complied with the requirements contained in this division.
91.8813.2. Enforcement. When the Department determines that a building is within the scope of this section, it shall notify the owner and order the owner to bring the building into compliance with the provisions of this section Compliance with such an order shall be accomplished within the time limits set forth herein and any extensions of time granted by the Department. If the owner does not comply within such time limits, then the Department may order the demolition of the building or structure in accordance with the provisions of Section 91.8903.
91.8813.3 Time for Compliance. (Amended by Ord. No. 171,939, Eff. 4/15/98.)
1. For a one-story building with wall anchors installed pursuant to Section 91.8808.3, either before or within 60 days after notice is given by the Department:
Within 180 days after notice is given pursuant to this section, the owner shall submit to the Department either plans and a structural analysis for the proposed structural alterations of the building necessary to comply with the minimum requirements of this division, or an application for demolition of the building or structure.
If the owner elects to perform the proposed structural alterations, then within 270 days after notice is given pursuant to this section, the owner shall obtain the necessary permits for strengthening the building or structure; within 90 days of obtaining a permit to strengthen the building, the owner shall commence strengthening work; and within 18 months after notice is given pursuant to this section, the owner shall complete all strengthening work.
If the owner elects to demolish the building, then within 210 days after notice is given pursuant to this section, the owner shall obtain permits for the demolition of the building or structure; within 21 days of obtaining a demolition permit, the owner shall commence demolition; and within 300 days after notice is given pursuant to this section the owner shall complete the demolition of the building or structure.
2. Time for compliance for all other buildings:
Within 60 days after notice is given pursuant to this section, the owner shall submit to the Department either plans and a structural analysis for the proposed structural alterations of the building necessary to comply with the minimum requirements of this division, or an application for demolition of the building or structure.
If the owner elects to perform the necessary alterations, then within 120 days after notice is given pursuant to this section, the owner shall obtain the necessary permits for strengthening the building or structure; within 21 days of obtaining a permit, the owner shall begin work; and within 365 days after notice is given pursuant to this section, the owner shall complete all strengthening work.
If the owner elects to perform the necessary alterations, then within 120 days after notice is given pursuant to this section, the owner shall obtain the necessary permits for strengthening the building or structure; and within 120 days after obtaining the demolition permit, the owner shall complete the demolition of the building or structure.
91.8813.4. Special Provisions for Damaged Buildings. An unreinforced masonry bearing wall building which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy shall be repaired or demolished within six months of such damage or destruction.
DEMAND-CAPACITY RATIO, 0.33 WD/(2vuD) OR 0.33 WD/(2vuD + ΣVc)
ACCEPTABLE SPAN FOR DIAPHRAGMS
(BASED ON DISPLACEMENT CONTROL CONCEPTS)
FIGURE NO. 88-A
(Added by Ord. No. 165,310, Eff. 12/31/89.)
RATING CLASSIFICATIONS
TYPE OF BUILDING | CLASSIFICATION |
Essential Building | I |
High Risk Building | II |
Medium Risk Building | III |
Low Risk Building | IV |
TIME LIMITS FOR COMPLIANCE
REQUIRED ACTION BY OWNER | OBTAIN BUILDING PERMIT WITHIN | COMMENCE CONSTRUCTION WITHIN | COMPLETE CONSTRUCTION WITHIN |
Complete Structural Alterations or Building Demolition | 1 year | 180 days* | 3 years |
Wall Anchor Installation | 180 days | 270 days | 1 year |
*Measured from date of building permit issuance.
SERVICE PROVISIONS AND EXTENDED TIME PROVISIONS**
(Amended by Ord. No. 160,451, Eff. 11/25/85.)
Rating Occupant Classification | Extension of Time if Wall Anchors Load | Minimum Time Periods are Installed | Service of Order |
I (Highest Priority) | Any | One Year | 0 |
II | 100 or more | One Year | 90 Days |
III | 100 or more | One Year | One Year |
More than 50, but less than 100 | One Year | Two Years | |
More than 19, but less than 51 | One Year | Three Years | |
IV (Lowest Priority) | less than 20 | One Year | Four Years |
**Buildings that have obtained a building permit for wall anchors and met the time schedule in Table 88-B for wall anchor installation may utilize the time extensions, which are permitted in Table 88-C prior to the adoption of this ordinance. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
HORIZONTAL FORCE FACTORS BASED ON RATING CLASSIFICATION
RATING CLASSIFICATION | IKCS |
I | 0.186 |
II | 0.133 |
III & IV | 0.100 |
HORIZONTAL FORCE FACTORS “IS” FOR PARTS OR PORTIONS OF STRUCTURES
RATING CLASSIFICATION | IS |
I | 1.50 |
II | 1.00 |
III & IV | 0.75 |
HORIZONTAL FORCE FACTOR “CP” FOR PARTS OR PORTIONS OF BUILDINGS OR OTHER STRUCTURES 1
(Amended by Ord. No. 171,939, Eff. 4/15/98.)
PART OR PORTION OF BUILDINGS | DIRECTION OF FORCE | VALUE OF Cp |
PART OR PORTION OF BUILDINGS | DIRECTION OF FORCE | VALUE OF Cp |
Exterior bearing and nonbearing walls; interior bearing walls and partitions; interior nonbearing walls and partitions over 10 feet in height; masonry fences over 6 feet in height | Normal to flat surface | 0.20 |
Cantilever parapet and other cantilever walls, except retaining walls. | Normal to flat surface | 1.00 |
Exterior and interior ornamentations and appendages. | Any direction | 1.00 |
When connected to or a part of a building: towers, tanks, towers and tanks plus contents, racks over 8 feet 3 inches in height plus contents, chimneys, smokestacks and penthouses. | Any direction | 0.20 2,4 |
When connected to or a part of a building: rigid and rigidly mounted equipment and machinery not required for continued operation of essential occupancies. 5 | Any horizontal direction | 0.20 3 |
Tanks plus effective contents resting on the ground. | Any direction | 0.12 |
Floors and roofs acting as diaphragms. | In the plane of the diaphragm | 0.12 6 |
Prefabricated structural elements, other than walls, with force applied at center of gravity of assembly. | Any horizontal direction | 0.30 |
Connections for exterior panels or elements. | Any direction | 2.00 |
For SI: 1 inch = 25.4 mm, 1 foot = 305 mm.
Notes:
2. When located in the upper portion of any building with a height to depth ratio of 5 to 1 or greater, the value shall be increased by 50 percent.
3. For flexible and flexible mounted equipment and machinery, the appropriate values for Cp shall be determined with consideration given to both the dynamic properties of the equipment and machinery and to the building and building or structure in which it is placed.
4. The Wp for storage racks shall be the weight of the racks plus contents. The value of Cp for racks over two storage support levels in height shall be 0.16 for the levels below the top two levels.
5. The design of the equipment and machinery and their anchorage is an integral part of the design and specification of that equipment and machinery. The structure to which the equipment or machinery is mounted shall be capable of resisting the anchorage forces (see also Section 13.6.5 of ASCE-7). (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
6. Floor and roofs acting as diaphragms shall be designed for a minimum force resulting from a Cp of 0.12 applied to Wp unless a greater force results from the distribution of lateral forces in accordance with Section 12.8.3 of ASCE-7. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
ALLOWABLE VALUE OF HEIGHT-TO-THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM QUALITY MORTAR 1, 2
(Amended by Ord. No. 171,939, Eff. 4/15/98.)
BUILDINGS W/ CROSS WALLS AS DEFINED BY SECTION 91.8803 | ALL OTHER BUILDINGS | |
Walls of One-story Buildings | 13 - 16
3, 4, 5 | 13 |
First-Story Wall of Multi-story Buildings | 16 | 15 |
Walls in Top Story of Multi-story Buildings | 9 - 14
3, 4, 5 | 9 |
All Other Walls | 16 | 13 |
1. Minimum quality mortar shall be determined by laboratory testing in accordance with Section 91.8809.5 of this Code.
2.
This table is not applicable to buildings of Rating Classification I. Walls of buildings within Rating Classification I shall be analyzed in accordance with Section 91.8808.6 of this Code.
3.
The minimum mortar shear strengths required in Footnotes 4 and 5 shall be that shear strength without the effect of axial stress in the wall at the point of the test.
4.
The larger height-to-thickness ratio may be used where mortar shear tests in accordance with Section 91.8809.5.3 of this Code establish a minimum mortar shear strength of not less than 100 psi (690 kPa) or where the tested mortar shear strength is not less than 60 psi (414 kPa) and a visual examination of the vertical wythe-to-wythe wall joint (collar joint) indicates not less than 50 percent mortar coverage.
5.
Where a visual examination of the collar joint indicates not less than 50 percent mortar coverage and the minimum mortar shear strength when established in accordance with Section 91.8809.5.3 of this Code is greater than 30 psi (207 kPa) but less than 60 psi (414 kPa), the allowable height-to-thickness ratio may be determined by linear interpolation between the larger and smaller ratios in direct proportion to the mortar shear strength.
VALUES FOR EXISTING MATERIALS
(Amended by Ord. No. 181,758, Eff. 8/8/11.)
EXISTING MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
EXISTING MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
1. HORIZONTAL DIAPHRAGMS | |
(a) Roofs with straight sheathing and roofing applied directly to the sheathing. | 100 lbs. per foot for seismic shear. |
(b) Roofs with diagonal sheathing and roofing applied directly to the sheathing. | 400 lbs. per foot for seismic shear. |
(c) Floors with straight tongue-and-groove sheathing. | 150 lbs. per foot for seismic shear. |
(d) Floors with straight sheathing and finished wood flooring. | 300 lbs. per foot for seismic shear. |
(e) Floors with diagonal sheathing and finished wood flooring. | 450 lbs. per foot for seismic shear. |
(f) Floors or roofs with straight sheathing and plaster applied to the joist or values for items 1(a) and 1(c) rafters.2 | Add 50 lbs. per foot to the allowable values for items 1(a) and 1(c). |
2. SHEAR WALL Wood stud walls with lath and plaster | 100 lbs. per foot each side for seismic shear. |
3. PLAIN CONCRETE FOOTINGS | fc’ = 1500 psi unless otherwise shown by tests |
4. DOUGLAS FIR WOOD | Allowable stress same as No. 1 D.F. 3 |
5. REINFORCING STEEL | fy = 18,000 lbs. per square inch maximum |
6. STRUCTURAL STEEL | fy = 20,000 lbs. per square inch maximum |
For SI: 1 pound per foot = 0.0146 N/m, 1 pound per square inch (psi) = 6.895 kPa.
Notes:
1. Material must be sound and in good condition.
2. The wood lath and plaster must be reattached to existing joists or rafters in a manner approved by the Department.
3. Stresses given may be increased for combinations of loads as specified in Section 91.8808.7.2 of this Code.
ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION
(Amended by Ord. No. 181,758, Eff. 8/8/11.)
NEW MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
NEW MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
1. HORIZONTAL DIAPHRAGMS | |
Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. | Same as specified in CBC Table 2306.2.1.(1) and 2306.2.1.(2) for blocked diaphragms. |
2. SHEAR WALLS | |
a. Plywood sheathing applied directly over existing wood studs. No value shall be given to plywood applied over existing plaster or wood sheathing. | Same as values specified in CBC Table 2306.3 for shear walls. |
b. Dry wall or plaster applied directly over existing wood studs. | 75 percent of the values specified in CBC Table 2306.7. |
c. Dry wall or plaster applied to plywood sheathing over existing wood studs. | 33 1/3 percent of the values specified in CBC Table 2306.7. |
3. SHEAR BOLTS | |
Shear bolts and shear dowels embedded a minimum of eight inches into unreinforced masonry walls. Bolt centered in a 2-1/2 inch-diameter hole with drypack or an approved non-shrink grout around circumference of bolt or dowel. 1, 3 | 133 percent of the values for plain solid masonry specified in Table No. 88-M. No values larger than those given for 3/4 inch bolts shall be used. |
4. TENSION BOLTS | |
Tension bolts and tension dowels extending entirely through unreinforced masonry secured with bearing plates on far side of wall with at least 30 square inches of area. 2, 3, 4 | 1200 lbs. per bolt or dowel. |
5. COMBINATION SHEAR AND TENSION WALL ANCHORS | |
a. Bolts extending to the exterior face of the wall with a 2-1/2 inch round plate under the head. Install as specified for shear bolts. Spaced not closer than 12 inches on centers. 1, 2, 3 | 600 lbs. per bolt for tension.4 See Item 3 (SHEAR BOLTS) for shear values. |
b. Bolts or dowels extending to the exterior face of the wall with a 2-1/2 inch round plate under the head and drill at an angle of 22-1/2 degrees to the horizontal. Installed as specified for shear bolts. 1, 2, 3 | 1200 lbs per bolt or dowel for tension.4 See Item 3 (SHEAR BOLTS) for shear values. |
c. Through bolt with bearing plate for tension per Item 4. Combined with minimum eight-inch grouted section for shear per Item 3. | See Item 4 (TENSION BOLTS) for tension values.4 See Item 3 (SHEAR BOLTS) for shear values. |
6. INFILLED WALLS | |
Reinforced masonry infilled openings in existing unreinforced masonry walls with keys or dowels to match reinforcing. | Same as values specified for unreinforced masonry walls. |
7. REINFORCED MASONRY | |
Masonry piers and walls reinforced per CBC Section 2106 and Section 91.2107 of this Code. | Same as values determined per CBC Section 2106. |
8. REINFORCED CONCRETE | |
Concrete footings, walls and piers reinforced as specified in Division 19 of this Code and designed for tributary loads. | Same as values specified in Division 19 of this Code. |
9. EXISTING FOUNDATION LOADS | |
Foundation loads for structures exhibiting no evidence of settlement. | Calculated existing foundation loads due to maximum dead load plus live load may be increased 25 percent for deadload, and may be increased 50 percent for dead load plus seismic load required by this division. |
For SI: 1 inch = 25.4 mm, 1 square inch = 645.16 mm2, 1 pound = 4.45 N.
2. Bolts and dowels to be 1/2-inch minimum in diameter.
3. Drilling for bolts and dowels shall be done with an electric rotary drill. Impact tools shall not be used for drilling holes or tightening anchor and shear bolt nuts.
4. Allowable bolt and dowel values specified are for installations in minimum three wythe walls. For installations in two wythe walls, use 50 percent of the value specified, except that no value shall be given to tension bolts that do not extend entirely through the wall and are secured with bearing plates on the far side.
ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS
Eighty percent of test results in psi not less than | Average test results of cores in psi | Seismic in-plane shear based on gross area |
30 plus axial stress | 20 | 3 psi* |
40 plus axial stress | 27 | 4 psi* |
50 plus axial stress | 33 | 5 psi* |
100 plus axial stress or more | 67 or more | 10 psi max* |
*Allowable shear stress may be increased by addition of 10% of the axial stress due to the weight of the wall directly above.
VALUES FOR EXISTING MATERIALS
(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
EXISTING MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
EXISTING MATERIALS OR CONFIGURATION OF MATERIALS 1 | ALLOWABLE VALUES |
1. HORIZONTAL DIAPHRAGMS | |
a. Roofs with straight sheathing and roofing applied directly to the sheathing. | 100 lbs. per foot for seismic shear. |
b. Roofs with diagonal sheathing and roofing applied directly to the sheathing. | 250 lbs. per foot for seismic shear. |
2. CROSSWALLS 2, 3 | |
a. Plaster on wood or metal lath. | per side: 200 lbs. per foot for seismic shear. |
b. Plaster on gypsum lath. | 175 lbs. per foot for seismic shear. |
c. Gypsum wall board, unlocked edges. | 75 lbs. per foot for seismic shear. |
d. Gypsum wall board, blocked edges. | 125 lbs. per foot for seismic shear. |
1. Materials must be sound and in good condition.
2. For crosswalls, values of all materials may be combined, except the total combined value shall not exceed 300 lbs. per foot for seismic shear.
3. The cross wall aspect ratio for plaster on wood, metal, or gypsum lath and gypsum wall board shall be a maximum height to width ratio of 1:1.
ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION
(Amended by Ord. No. 181,758, Eff. 8/8/11.)
NEW MATERIALS OR CONFIGURATION OF ALLOWABLE VALUES | NEW AND EXISTING MATERIALS 1 |
1. HORIZONTAL DIAPHRAGMS | |
Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. | 225 lbs. per foot for seismic shear. |
2. CROSS WALLS 2, 3 | |
a. Plywood sheathing applied directly over existing wood studs. No value shall be given to plywood applied over existing plaster or wood sheathing. | 1.33 times the values specified in CBC Table 2306.3 for shear walls. |
b. Drywall or plaster applied directly over existing wood studs. | 100 percent of the values specified in CBC Table 2306.7. |
1. Materials must be sound and in good condition.
2. For cross walls, values of all materials may be combined, except the total combined value shall not exceed 300 lbs. per foot for seismic shear.
3. The cross wall aspect ratio for drywall, plaster and gypsum wall board shall be a maximum height to width ratio of 1:1, and for plywood shall be a maximum height to width ratio of 2:1.
DIAMETER BOLT (inches) | EMBEDMENT (inches) | SOLID MASONRY (shear in pounds) | GROUTED MASONRY (shear in pounds) |
1/2 | 4 | 350 | 750 |
5/8 | 4 | 500 | 750 |
3/4 | 5 | 750 | 1100 |
7/8 | 6 | 750 | 1100 |
1 | 7 | 750 | 1100 |
1-1/8 | 8 | 750 | 1100 |
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
Section
91.8901 General.
91.8902 Definitions.
91.8903 Abatement Procedures.
91.8904 Special Provisions for Vacant Property Graffiti Removal.
91.8905 Special Provisions for Vacating, Barricading, Removing or Demolishing Buildings or Structures Without Notice.
91.8906 Payment and Recovery of Repair and Demolition Funds.
91.8907 Abatement of Public Nuisance Conditions Related to a Declared Local Emergency.
91.8908 Special Provisions for the Repair of Welded Steel Moment Frame Buildings Located in High Earthquake Damaged Areas.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8901.1. Purpose of Division. It is the purpose of the provisions of this division to provide a just, equitable and practicable method, to be cumulated with and in addition to any other remedy available by law, whereby buildings, structures, premises and portions thereof which are within the scope of this division may be vacated, secured, cleaned, repaired, demolished or removed.
91.8901.2. Scope. The provisions of this division shall apply to all existing buildings, structures, premises and portions thereof which are a nuisance, a hazard or a substandard residential building.
All sections of Chapter IX of the Los Angeles Municipal Code are applicable to those buildings determined to be “substandard residential buildings” as defined herein.
The Department of Building and Safety may approve certain deviations from the requirements of Chapter IX of the Los Angeles Municipal Code concerning substandard residential buildings, provided the items concerned were built in compliance with code or ordinance provisions in effect at the time of construction, and provided, further, that such additional corrections as may be required by the Department are made so as to ensure that the building complies with the intent of the division.
91.8901.3. Interference Prohibited. It shall be unlawful for any person to obstruct, impede or interfere with any representative of the Department, including contractors hired by the Department or with the inspector of any Department of this city, or with any person who owns or holds any estate or interest in any building or structure which has been ordered to be vacated, secured, cleaned, repaired, demolished or removed, or with any person to whom such building or structure has been lawfully sold pursuant to the provisions of this division whenever any such representative of the Department, inspector, purchaser or person having an interest or estate in such building or structure is engaged in inspecting, securing, cleaning, vacating, repairing, demolishing or removing any such building or structure pursuant to the provisions of this division, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.
91.8901.4. Liability of Officers or Employees of the City.
91.8901.4.1. City Employees Not Personally Liable. No officer, agent, or employee of the City of Los Angeles shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required, permitted or authorized to be done or performed in the discharge of their duties pursuant to this division.
91.8901.4.2. Suits to be Defended by City Attorney. Any suit brought against any officer, agent or employee of the City of Los Angeles as a result of any act required, permitted or authorized in the discharge of their duties under this division shall be deemed an action against the City and shall be defended by the City Attorney.
91.8901.5. Other Provisions of the Municipal Code Unaffected Hereby. The provisions of this division shall not be deemed to repeal by implication any other provision of the Los Angeles Municipal Code and the adoption hereof shall not be deemed to affect or diminish the power or authority of an officer or employee of the City to condemn any building or structure erected or maintained in violation of any other provisions of said code.
91.8901.6. Separability of Provisions of This Division. The City Council hereby declares that it would have adopted each separate provision of this division, regardless of the adoption of any other provision, and if any remedy provided for in this division be held unavailable or limited in effect, such limitation shall not affect the application of any other provision of this division.
91.8901.7. Unless otherwise expressly provided, the remedies or penalties provided by this division are cumulative to each other and to the remedies or penalties available under law.
The provisions set forth in Article 8, Chapter IX of the LAMC shall not apply to proceedings conducted pursuant to this division. However, the Superintendent of Building and the Board may utilize the procedures described therein, to the extent necessary to assure that an owner has a full and fair opportunity to present evidence relevant to the abatement of the public nuisance conditions on that owner's property. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.8901.8. Wherever service is required in this division, that service may be accomplished by personal service as authorized in Sections 415.10, 415.20, and 415.21 of the California Code of Civil Procedure.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
For the purpose of this division, certain terms are defined as follows:
DEPARTMENT. Refer to Division 2, Article 1, Chapter IX of the LAMC.
HAZARDOUS BUILDING. Any building, structure or portion thereof which has any or all of the following described defects:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit.
2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1 and 1/2 times the working stress or stresses allowed in Article 1, Chapter IX of the LAMC.
3. Whenever any portion of a building or structure has been damaged by earthquake, wind, flood, or by any other event, in such a manner that the structural strength or stability thereof is appreciably less than it was before such event and is less than the minimum requirements of this Code for a new building of similar structure, purpose or location.
4. Whenever any portion of any member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
5. Whenever any portion of a building or any member or appurtenance thereof or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting one half the wind pressure that specified in this Code without exceeding the working stresses permitted in this Code.
6. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building, or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base.
10. Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration to the member or members, or 50% damage or deterioration or a non-supporting enclosing or outside wall or covering.
11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.
12. Any building or structure constructed, or which now exists or is maintained in violation of any specific requirements or prohibition of the building regulations of this City, as set forth in Article 1, Chapter IX of the LAMC or of any provisions of Article 7, Chapter V of the LAMC, or of Article 1, Chapter III of the LAMC, or of any law or ordinance of this state or City relating to the condition, location or structure of buildings.
13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than 50%, or in any supporting member less than 66%, of the strength, fire-resisting qualities or characteristics or weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location.
14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is insanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.
15. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.
16. Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
17. Whenever any fire-protective construction or safety device does not provide the degree of security to life and property required by the LAMC.
18. Whenever a building or structure is classified as a "Substandard Building".
19. Whenever a building or structure has become vacant and vandalized.
20. Whenever a building or structure has become a nuisance.
NUISANCE. Any premises, building, structure or portion thereof containing numerous code violations or one or more imminent life hazards.
SUBSTANDARD BUILDING. Any building, or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof:
91.8902.1. Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:
1. Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit.
2. Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.
3. Lack of or improper kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures in a hotel.
5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
6. Lack of adequate heating.
7. Lack of or improper operation of required ventilating equipment.
8. Lack of minimum amounts of natural light and ventilation required by this Code.
9. Room and space dimensions less than required by this Code.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents as determined by the health officer.
13. General dilapidation or improper maintenance.
14. Lack of connection to required sewage disposal system.
15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.
91.8902.2. Structural Hazards. Structural hazards shall include, but not be limited to, the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
91.8902.3. Nuisance. Any nuisance as defined in this Code.
91.8902.4. Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.
91.8902.5. Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.
91.8902.6. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
91.8902.7. Faulty Weather Protection. Shall include, but not be limited to, the following:
1. Deteriorated, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
91.8902.8. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Chief of the Fire Department or the Chief’s deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
91.8902.9. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by this Code and which have been adequately maintained in a good and safe condition.
91.8902.10. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
91.8902.11. Inadequate Maintenance. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any building or portion thereof which is determined to be an unsafe building in accordance with the standards set forth in LAMC Section 91.8104.
91.8902.12. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exit, additional exits may be required to be installed.
91.8902.13. Inadequate Fire-Protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
91.8902.14. Illegal Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
The order shall specify the conditions which cause the building or premises to be within the scope of this division; whereupon the owner or owner's agent shall obtain the necessary permits and abate the deficiencies in accordance with LAMC Subdivision 91.8903.1.2.
The order shall also require that the owner maintain the vacant buildings or structures vacant until they are repaired or demolished.
The requirements of this division shall also apply to any building, structure, attached or detached appurtenances, or premises as determined by the Department.
91.8903.1.3. Order to Vacate. If the necessary permits are not obtained or the required work is not physically commenced within 45 days after notice is given, or the identified deficient conditions are not corrected within 90 days after notice is given, the Department may order the owner to cause the building to be vacated and may also institute enforcement action as provided in this division.
91.8903.1.4. Vacated Buildings. (Amended by Ord. No. 185,587, Eff. 7/16/18.) No person shall reoccupy any building within the scope of this division that is found to be vacant or is ordered vacated in accordance with LAMC Subdivision 91.8903.1.3, until the deficiencies have been abated and a new Certificate of Occupancy or clearance is obtained from the Department. Subsequent to the issuance of an Order to Vacate any Certificate of Occupancy previously issued for such building shall be void.
91.8903.1.5. Posting of Buildings. Vacated buildings shall be locked by the owner and otherwise secured against ingress. If the Department has ordered that a building be vacated or that the owner maintain a building vacant, then the Department shall post thereon, in a conspicuous place near the entrance, a warning placard or sign.
A warning placard or sign posted pursuant to this division shall not be defaced, covered, removed or hidden from view in any manner. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The placard or sign posted shall read substantially as follows:
VACATED BUILDING – DO NOT ENTER BY ORDER OF THE DEPARTMENT OF BUILDING AND SAFETY CITY OF LOS ANGELES It is a misdemeanor to enter or occupy or be present in this building. It is a misdemeanor to remove, deface, cover, or hide this placard. SEC. 91.8903 Los Angeles Municipal Code. |
91.8903.1.6. Removal of Utilities. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Utility connections of electricity and gas shall be removed from buildings within the scope of LAMC Subdivision 91.8903.1.4 by the appropriate utility agency and shall not be reconnected until clearance is obtained from the Department.
91.8903.1.7. Recordation. (Amended by Ord. No. 185,587, Eff. 7/16/18.) At the time that the Department serves the order described in LAMC Subsection 91.8903.1, the Department shall file with the Office of the County Recorder a certificate stating that the subject building has been determined to be either a hazardous building, a substandard residential building, or a nuisance, that it has been ordered repaired or demolished, and that the owner has been notified.
After the building has been repaired or demolished, the Department shall file with the Office of the County Recorder a certificate terminating the above recorded status of the subject building.
91.8903.1.8. Manner of Giving Notice. (Added by Ord. No. 181,758, Eff. 8/8/11.) The orders described in this Section shall be given in writing and may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address as shown on the last equalized assessment roll. Service by mail shall be deemed to have been completed at the time of deposit in the post office. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any notice may be made by an affidavit of any employee of the City which shows service in conformity with this Section.
91.8903.2. Violations – Penalties for Disregarding Initial Orders.
91.8903.2.1. The owner or other person having charge and control over any building or structure determined by the Department to fall within the scope of this division who shall fail to comply with any order to repair, vacate and repair, or demolish said building, structure or premises within the time limits established in this division shall be guilty of a misdemeanor.
91.8903.2.2. The occupant or lessee in possession who fails to comply with any order to vacate said building in accordance with any order given as provided for in this division shall be guilty of a misdemeanor.
91.8903.2.3. Any person who removes any notice or order posted as required in this division shall be guilty of a misdemeanor.
91.8903.2.4. (Amended by Ord. No. 181,758, Eff. 8/8/11.) No person shall enter, occupy or be present in a building which has been posted by the Department pursuant to this Section. Any person who enters, occupies or is present in a building which has been posted by the Department pursuant to this Section shall be guilty of a misdemeanor. This prohibition shall not apply to public officers or public employees acting within the course and scope of their employment or in the performance of their official duties; or owners, persons acting with the consent of the building owner, the owner’s agent, or person in lawful possession acting in the course of complying with an order issued pursuant to the provisions of this Chapter.
Notwithstanding any other provision of the Los Angeles Municipal Code to the contrary, a police officer with the Los Angeles Police Department shall have the authority to enter any building posted by the Department pursuant to this Section, and arrest anyone present in violation of this Section. Overnight security shall require Department approval to determine the location does not present a safety hazard to overnight security personnel. (Amended by Ord. No. 184,692, Eff. 12/30/16.)
91.8903.3. Enforcement – Non-Compliance with Department Orders.
91.8903.3.1. General. Whenever compliance with an order issued pursuant to the provisions of this division for vacated or occupied buildings has not been accomplished within the time set or any additional time as may have been granted under the appellate provisions of this division, the Department may institute appropriate action to secure compliance as provided by law for misdemeanor violation or may cause, by whatever means the Department determines appropriate, the correction of the deficiencies, whether the building is vacated or occupied, or the vacation and demolition, including but not limited to the monitoring and removal of asbestos, of the building or structure. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
91.8903.3.2. Determination of Interested Parties. When the Department determines to cause the correction of the deficiencies or the demolition of a building or structure, it shall obtain a title report either from the Division of Real Estate, Bureau of Engineering, Department of Public Works, City of Los Angeles or by contracting with one or more private title reporting agencies. Said title report shall list all persons shown on the records of the County Recorder as having an ownership interest or liens or encumbrances or other interests in the real property on which the building or structure is located.
91.8903.3.3. Notification—Notice of Intention. (Amended by Ord. No. 172,702, Eff. 8/16/99.) When the Department determines that the owner shall correct the deficiencies or shall demolish the building or structure, the Department shall notify the owner as identified in the title report and other persons listed in the title report as having an interest in the real property.
The Notice of Intention shall describe the land and notify the owner of the intention of the City of Los Angeles to cause the correction of the deficiencies or the demolition of the building or structure located on the land, and shall specify a date certain upon or after which the Department shall solicit bids or execute a work order, and shall have the authority to advise that any time thereafter the Department may execute an agreement to do such work. The Department shall also notify the owner that the City will cause the cost of such repair or demolition plus an amount equal to 40 percent of such cost, but not less than $100.00, to cover the cost of the City administering the contract and supervising the required work, to be made a lien against real property on which the building or structure is located. In the event that a contractor offers to pay the City to demolish a building in order to obtain the salvage material, the City’s administrative charge shall be 40 percent of the amount paid by the contractor, but not less than $100.00. Finally, the notice shall advise of the owner’s right to a hearing.
The date for soliciting bids or executing the work order shall not be sooner than 10 days following the mailing of the notices by certified mail as described in LAMC Subdivision 91.8903.3.4. The award of the contract for such repair or removal may be given at any time following the receipt of bids. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
One or more “Annual Unit-price Contracts” may be awarded by the Department for the demolition of “privately owned, readily accessible one and two-story wood-frame structures on level lots”. In the event one or more such contracts have been executed which are applicable to the building which is to be removed, the notice shall advise that the work shall be pursuant to such contract, and that following a date certain, not less than 10 days following the mailing of notice by certified mail, the City pursuant to such contract shall have the authority to order the contractor to perform the work at the prices specified in said “Unit-price Contract”. For the purposes of this subsection an “Annual Unit-price Contract” shall mean a 12-month contract awarded by the Department after competitive bidding based on both stipulated prices and price per square foot of building area for the demolition and removal of buildings, structures and accompanying items on certain properties when and as directed by the Department by means of a work order. No work order shall be executed except in conjunction with the necessary contract or contracts.
The Department shall have the authority to award contracts for the demolition of all other types of buildings or structures by soliciting competitive bids. The General Manager shall have the authority to establish procedures and deadlines for soliciting competitive bids from any interested contractors. In addition, the General Manager shall have the authority to establish procedures for the pre-qualification of contractors in a manner consistent with the requirements of Section 386 of the Charter and subject to the approval of the City Attorney.
91.8903.3.4. Method of Notification. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The notice required by LAMC Section 91.8903 shall be sent to each required person by certified mail, postage prepaid, return receipt requested, to the address or addresses of such persons as it appears on the last equalized assessment roll of the County Recorder or as known to the City Engineer. If for any reason the certified letter is returned, whether undeliverable or refused, another copy of the letter shall be sent by first-class mail, postage prepaid.
Further, a copy of any order or notice issued under this section shall be posted in a conspicuous place upon the building or structure involved.
The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken thereunder.
91.8903.3.5. Affidavit of Service. . (Amended by Ord. No. 185,587, Eff. 7/16/18.) The employee of the Department, upon serving the notice as required in LAMC Section 91.8903, shall create and sign an affidavit certifying the date and manner in which the notice was served. Any receipt card which may have been returned to the employee in acknowledgment of the receipt of such notice by certified mail shall also be filed with the affidavit.
91.8903.4.1. General. Whenever the Department has undertaken action to correct deficiencies, secure or demolish any building, structure or portion thereof under the provisions of this division upon failure of the owner or person in apparent charge or control of the property to comply with an order therefor, and has caused the solicitation of bids or executed a work order to accomplish such work, the owner or person in apparent charge or control of the property shall be deemed to have forfeited all further rights and privileges to do such work and is thereafter prohibited from doing any such work, except as the Department may otherwise allow.
91.8903.4.2. Penalty for Performing Work Prior to Contract Awarding. In the event that the owner or other person having charge or control of such building or structure proceeds to perform the corrective work or demolish said building or structure, with or without the permission of the Department or Board of Building and Safety Commissioners, after bids have been solicited or a work order executed, but prior to the award of the contract or the acceptance of the work order by the contractor, a charge shall be imposed upon such person as partial reimbursement to the City for any expenses incurred by it in the proceeding. Such charge shall be in the amount of 20 percent of the lowest bid for the demolition or repair contract or of the work order charge, whichever applies, but in no event less than the sum of $75.00.
91.8903.4.3. Penalty for Performing Work After Contract Is Awarded. (Amended by Ord. No. 185,587, Eff. 7/16/18.) If the owner or other person having charge or control of the building or structure proceeds to perform the corrective work or demolish the building or structure after the award of the demolition or repair contract or after the acceptance of the work order by the contractor, but before the contractor has commenced performance, a charge shall be imposed upon such person in an amount equal to the sum of a charge computed as in LAMC Subdivision 91.8903.4.2 plus the amount of the contractor's claim filed with the City Clerk and approved by the Department pursuant to the provisions of LAMC Subsection 91.8903.5.
91.8903.5.1. General. If, for any reason, the Department wishes to cancel a demolition or repair contract after it has been awarded or a work order after it has been executed and accepted, it may do so by written notification delivered to the contractor any time prior to the commencement of the work. When the Department determines that expediency so requires, an oral notice of cancellation may be given, immediately followed by its confirmation in writing. Upon receipt of such oral or written notification the contractor shall take no further action toward demolition or repair of the building or structure.
91.8903.5.2. Compensation of Contractor - Cancellation of Contract or Work Order. Upon cancellation of a demolition or repair contract by the Department, the contractor may submit a claim to the City Clerk in an amount up to 25 percent of the contract price, but not to exceed the sum of $1,000.00, payment of which contractor shall accept as compensation for all real and anticipated expenses and profits.
Upon cancellation of a work order by the Department, the contractor may submit a claim to the City Clerk up to the amount of $200.00, payment of which contractor shall accept as compensation for all real and anticipated expenses and profits.
91.8903.5.3. Source of Contractor Reimbursement Funds. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Claims submitted pursuant to LAMC Subdivision 91.8903.5.2, and to the extent approved by the Department, shall be paid by the Department out of the Repair and Demolition Fund. Where the amount of the claim has been made a charge against the owner or other party of interest pursuant to LAMC Subdivision 91.8903.4.3, or where the demolition or repair contract or work order was canceled by the Department at the request of the owner or other party of interest, such party shall reimburse the City for the amount of the claim filed with the City Clerk and approved by the Department or paid from the Repair and Demolition Fund.
91.8903.6. Failure to Pay Charges. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Should the owner or other party of interest fail to pay, within 30 days after billing, any charge imposed upon such party pursuant to LAMC Subdivision 91.8903.5.2 or 91.8903.5.3, the Department shall transmit any unpaid claim to the Office of the City Attorney for collection and/or appropriate legal remedy as determined by the Office of the City Attorney.
91.8903.7. Appeals and Hearings.
91.8903.7.1. Appeals. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Upon written application by an interested party within 30 days from the service of the initial order as provided for in LAMC Subsection 91.8903.1, for good cause shown and where no imminent risk of life or property is present, the Department or the Board, in case an appeal is made to it pursuant to LAMC Section 98.0403.2, may grant a reasonable extension of time, not to exceed 120 days after expiration of the 30 day period provided for in the initial order, within which the work required must be commenced.
Nothing in this subdivision precludes the Board from establishing a policy of granting less than the maximum time to comply with Department orders.
91.8903.7.2. Hearings. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
A. Upon the issuance of a Notice of Intention, as provided for in LAMC Subsection 91.8903.3, any owner or party of interest may appeal in writing to the Board for a hearing to determine the condition of the property, whether it falls within the scope of this division, whether it should be repaired or demolished, and how much time should be given to complete the required work. The request for the hearing shall be made prior to the date set to solicit bids or execute a work order as specified in the Notice of Intention. A request after such date may not be accepted for processing unless it is submitted prior to the Department's awarding a contract or issuing a work order and it is authorized by the Board. Failure of the owner or any party of interest in the property to request a hearing within the specified time or failure to pay the required filing fees shall be deemed a waiver of request for such a hearing.
B. At the hearing the Department shall submit for the record evidence to show whether or not the building or structure falls within the scope of this division. The evidence shall consist of, but need not be limited to, the inspection report originally issued by the Department pursuant to LAMC Subsection 91.8903.1, recent pictures, and testimony by a representative of the Department. The owner or any party of interest shall have the opportunity prior to the hearing to examine the evidence to be submitted by the Department. The owner, the owner's representative or counsel, or a party of interest should be present at the hearing and will be given the opportunity to present any relevant evidence or witnesses, cross-examine any Department witnesses and ask questions or make comments concerning the Department's evidence and testimony. Failure of the owner or the owner's representative to appear at the hearing after receiving notice of the hearing shall be deemed a waiver of hearing rights.
C. At the conclusion of the hearing, the Board shall make findings and determine whether the building falls within the scope of this division and whether the building or structure should be repaired or demolished and how much time, if any, should be given for compliance with the Department’s order.
91.8903.7.3. Time Limits for Vacant Buildings. Any appeal or request for hearing to the Board for an extension of time to repair or demolish a vacant privately owned building shall be decided by the Board no later than 30 days after the hearing thereon and may be granted only on the condition that such repairs be completed within a maximum period of 180 days after the date of the Board’s first action to grant an extension of time and on the further condition that no additional time will be granted.
91.8903.7.4. Notification. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Only those persons who request a hearing need to be notified of the date and time of the hearing. Notification shall be made by certified mail, postage prepaid, return receipt requested, to the address as shown on the hearing request application. The employee of the Department, upon giving notice as provided in this division, shall create and sign an affidavit certifying to the date and manner in which such notice was served. Any receipt card which may have been returned to the employee in acknowledgment of the receipt of such notice by certified mail shall be maintained with the affidavit.
(Title and Section Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8904.1. Duties of the Owner of Vacant Property. (Amended by Ord. No. 188,197, Eff. 4/11/24.) It shall be unlawful for the owner or person in control of a parcel of land to permit the accumulation of trash, debris, vehicle parts, rubbish, excessive vegetation or other similar nuisance conditions on a parcel or in and around any building or structure located on a parcel. The Department may order the fencing of such a parcel in the manner described below.
It shall be unlawful for the owner or person in control of a parcel of land to allow a vacant building or structure to be open to unauthorized entry on that land. The entire building or structure shall be securely maintained. The owner or person in control of a vacant building, structure, or lot which is open to unauthorized entry shall secure all openings, accessible for entry from the exterior of the building or structure, and where appropriate, the entire lot itself, with one of the following methods:
1. Minimum 3/4 inch (19.05 mm) exterior grade plywood. The plywood shall have a positive connection to the building or structure using minimum 1/2 inch (12.7 mm) bolts which shall not be removable from the outside.
2. Minimum 16-gauge steel mesh attached to a minimum 1 inch by 1/8 inch (25 mm x 3.175 mm) angle iron frame. The frame shall have a positive connection to the building or structure using minimum 1/2 inch (12.7 mm) bolts which shall not be removable from the outside.
3. Other means of barricading as directed or approved by the Department including wrought iron fencing of the lot. The Department may, working in cooperation with the Police Department, develop standards for alternative fencing.
Unless directed otherwise by the Department, the owner or person in control of a parcel of land also shall erect a 10 foot (3048 mm) high, unobstructed, chain link fence complete with lockable gates. The fence, once constructed, shall become the property of the owner of the property upon which it is constructed and all structures on the property, including the fence, shall be maintained in good repair. In the event that the fence or other barriers cannot be maintained in good repair, the Department may order an alternative method of barricading, or order the securing of the structure and premises by means of on-site security personnel services. The property so fenced shall be conspicuously posted with a “No Trespassing” sign pursuant to LAMC Section 41.24.
It shall also be unlawful for the owner or person in control of a parcel of land to allow to exist any graffiti on any walls, temporary or permanent structures, places, or other surfaces when that graffiti, as defined in LAMC Section 49.84.2, is visible from a public street or other public or private property.
The owner or person in control of a parcel of land, whose property displays graffiti, shall completely remove the graffiti by washing, sandblasting, or chemical treatment, or shall completely and uniformly cover or otherwise obscure the graffiti with paint or other approved materials.
91.8904.1.1. Procedure for Securing Vacant Property and Removing Graffiti – Notification. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The City Council finds that the following conditions constitute a public nuisance: the maintenance of vacant buildings or structures open to unauthorized entry; the storage and accumulation of trash, debris, vehicle parts or other items prohibited under LAMC Section 91.8904; and the maintenance of vacant or occupied property with graffiti visible from a public street or alley as described in LAMC Section 91.8904.
If the property owner or person in control consents to the removal of the graffiti, the City may enter upon the property and remove such graffiti.
If the owner or person in control refuses to remove the graffiti, or if any of the public nuisance conditions above-described exist, then the Department of Building and Safety may issue an order by certified mail, return receipt requested, or may deposit an order in the United States mail in a sealed envelope, postage prepaid, to the owner as shown on the last equalized assessment roll to abate these conditions. A copy of the order shall also be posted on the subject property. The order may give no more than ten days from the date the notice was mailed to perform the work.
However, if the order is served by way of personal service, the order may give no more than five days from the date the order was served to perform the work.
91.8904.1.2 Abatement by the City. In the event the nuisance, including graffiti, is not removed or otherwise eliminated or abated by the date specified in the notice, the City, or its contractor, may enter upon the parcel and remove or eliminate the nuisance, including by means of securing the parcel through City personnel or the use of outside security personnel. Abatement may be accomplished by contract or work order and may be performed by a private contractor submitting a competitive sealed bid, a public entity performing under a Memorandum of Understanding, or by means of an Annual Awarded Contract. (Amended by Ord. No. 188,197, Eff. 4/11/24.)
For the purposes of this section, an Annual Awarded Contract shall mean one or more 12-month contracts awarded by the Department after competitive bidding. The contracts may be based upon both stipulated prices and unit cost for the fencing of vacant or vacated property; for removal of graffiti visible from a public street or alley; for draining swimming pools; for the securing of vacant buildings open to unauthorized entry; for the removal of debris, rubbish, excessive vegetation, weed abatement or similar nuisance conditions on property containing a vacant building or vacant lots, when and as directed by the Department by means of a work order. No work order shall be executed except in conjunction with the necessary contract or contracts.
If abatement is performed by a City department other than the Department of Building and Safety, that department shall bill the owner for the cost of removal, or other elimination or abatement of the nuisance, including administrative costs. An itemized written report showing the date and cost of abatement work done by the City or its contractor shall be submitted to the Department. Payment for the cost of abatement and recovery of the cost from the property owner shall be pursuant to LAMC Section 91.8906. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
If the building again becomes open to unauthorized entry, or graffiti is again visible from a public street or alley, or the building's premises or vacant parcel again contain debris, rubbish, excessive vegetation or other similar nuisance conditions, the Department may, upon 3 days notice to the owner, execute a contract or work order to have the required work performed by one of the methods provided by this section. The cost of performing the work may be paid from the "Repair and Demolition Fund" as established in LAMC Section 91.8906. Further, the provisions of LAMC Subsections 91.8903.4, 91.8903.5 and 91.8903.6 shall apply to this section. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The above abatement procedures are in addition to any other remedy the Department may choose to pursue to eliminate the nuisance conditions.
This section may also be used to abate graffiti that is observable from a public road, public right-of-way, or other property that is freely open to the public, as defined in Section 49.84.2 of the Los Angeles Municipal Code. (Amended by Ord. No. 180,708, Eff. 7/6/09.)
If at the time of removal of the graffiti the owner or occupants object, then the City will immediately obtain the necessary consent, warrants, or court order prior to completion of the graffiti removal. This section should not be administered in any way that would violate the constitutional rights of any person.
91.8904.2. Abatement of Vacant Buildings or Structures that are Open to Unauthorized Entry and Fire Damaged or Repeatedly Used for Illegal Purposes. (Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8904.2.1 (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any vacant buildings open to unauthorized entry that become fire damaged or used repeatedly by vagrants and gang members or for other illegal purposes, constitute a public nuisance. The expeditious repair or demolition of such vacant buildings and attached or detached appurtenances is essential in order to eliminate fire hazards, and public nuisance conditions which adversely affect the public safety and have a blighting effect on the neighborhood. It is the purpose of this section to establish a fair and expeditious procedure which may be used in connection with those buildings and attached or detached appurtenances.
91.8904.2.2. Procedures. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Department may declare a vacant building to be a public nuisance building under the following circumstances:
1. The vacant building has been secured pursuant to LAMC Subsection 91.8904.1;
2. It has subsequently become open to unauthorized entry; and
3. It has become fire damaged or is used repeatedly without the owner’s permission by vagrants, criminals, or gangs or for other illegal purposes.
If the Department determines that a vacant building is a public nuisance building as defined in this section, then the Department may proceed to abate the public nuisance building utilizing the procedures set forth in LAMC Subsections 91.8907.2, 91.8907.3 and 91.8907.4. The cost of any work done by the City or its contractor to abate the nuisance may be collected from the property owner in accordance with the procedures set forth in LAMC Section 91.8906.
A copy of any order issued pursuant to this section shall be provided to the Fire Department and Police Department.
91.8904.3. Inspection Fee for Periodic Inspection of Property and Buildings. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Whenever the Department determines after notice and hearing that a property or building requires a monthly inspection in order to abate a public nuisance and encourage future maintenance in compliance with applicable codes, the Department may inspect monthly and assess fees pursuant to LAMC Section 98.0412. These fees shall be imposed annually when the nuisance condition is abated by the City pursuant to this division but not more than once during any twelve month period.
The notice of hearing and intent to impose the annual fee shall be mailed to the owner as listed on the last equalized assessment roll or supplemental roll. The matter shall be scheduled for hearing before the Board of Building and Safety Commissioners on the date specified on the notice. The Board shall determine whether the conditions and previous record of public nuisance conditions and failure to comply with the Code justify the imposition of the annual fee and monthly inspection.
The monthly inspection may be accomplished by contract or work order and may be performed by a private contractor submitting a sealed bid or by means of an Annual Awarded Monitoring Contract. An Annual Awarded Monitoring Contract shall mean one or more 12-month contracts awarded by the Department after competitive bidding. Payment for the cost of monthly inspections shall be made from the Repair and Demolition Fund. Any payments received as a result of the annual fee imposed pursuant to this subsection shall be deposited into the Repair and Demolition Fund. The property owner's failure to pay this fee may result in a lien against the property pursuant to LAMC Subsection 91.8906.2.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8905.1. Notwithstanding anything to the contrary in this section, whenever the Department determines that any building, structure, premises, or portion thereof falling within the scope of this division is a present, imminent, extreme and immediate hazard or danger to life or limb, health or safety, so as to necessitate the immediate elimination thereof without prior notice to the owner, the Department may, without an order or notice of any kind whatsoever and without a hearing, cause the building, structure, or premises, or any portion thereof, to be immediately vacated, barricaded, secured, removed, or demolished by such means as the Department may deem advisable, including the use of the Department’s annual awarded demolition contractor or outside security personnel. (Amended by Ord. No. 188,197, Eff. 4/11/24.)
Any warning placard posted pursuant to this section shall not be defaced, covered, removed, or hidden from view in any manner.
91.8905.3. The Department may cause the building, structure, or premises, or any portion of the building, structure, or premises to be immediately barricaded, secured, removed, or demolished. The barricading, securing, removal, or demolition, including any monitoring or removal of asbestos or other hazardous materials or the provision of outside security personnel, may be accomplished by any City department with the forces to perform the work, upon receipt of a request from the Department, or by any forces under contract to the City. The cost to accomplished the work, either by contract or City forces, shall be paid from the “Repair and Demolition Fund” as established in LAMC Section 91.8906. (Amended by Ord. No. 188,197, Eff. 4/11/24.)
All costs incurred pursuant to this section shall be a personal obligation against the property owner upon which the particular building or structure or any portion is located, 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.
91.8905.4. The administrative fee of 40 percent of the costs shall not be included in the calculation of costs incurred for or arising out of any barricading, removal or demolition resulting from an event or course of events that prompted a declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor of the State, or by the President of the United States. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8906.1.1. Established by the City Council. (Amended by Ord. No. 188,224, Eff. 6/16/24.) The City Council has set up a special revolving fund designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Department to defray the costs and expenses that may be incurred by said Department in causing the necessary work of repair, securing, cleaning or demolition of buildings, structures and portions thereof or premises which fall within the scope of this division and Division 90, Article 1 of Chapter IX of this Code.
91.8906.1.2. Transfer of Funds. The City Council may at any time transfer to the repair and demolition fund, out of any money in the General Fund of the City, sums as it may deem necessary in order to ensure the performance of the work of repair, securing, cleaning or demolition, and the sum so transferred shall be deemed a loan to a special fund and shall be repaid out of the proceeds of the collection of costs provided for in this division. All funds collected under the proceedings provided for below, either upon voluntary payments or as the result of the involuntary sale of the property, shall be paid when collected to the City Treasurer, who shall place the funds in the repair and demolition fund. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
91.8906.1.3. Maximum Amount in Fund. At the close of each fiscal year, with the exception of money deposited from the Community Development Trust Fund in connection with the Rental Housing Rehabilitation Program, all monies in said repair and demolition fund in excess of $250,000.00, over and above the amount of outstanding liabilities payable out of such fund, shall be transferred to the salary account of the Department of Building and Safety for use in building conservation work.
91.8906.2. Collection of Repair and Demolition Costs. (Amended by Ord. No. 181,758, Eff. 8/8/11.) Whenever the Department has caused the repair, securing, cleaning or demolition of any building, structure, or portion of a building, structure or any premises, all costs incurred under the provisions of this division of this Code shall be a personal obligation against the property owner or responsible interested parties in charge or control of the property, 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 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.
91.8906.2.1. (Repealed by Ord. No. 175,596, Eff. 12/7/03.)
91.8906.2.2. (Repealed by Ord. No. 175,596, Eff. 12/7/03.)
91.8906.3. (Repealed by Ord. No. 175,596, Eff. 12/7/03.)
91.8906.4. (Repealed by Ord. No. 175,596, Eff. 12/7/03.)
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8907.1. Declaration of Purpose. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Both the expeditious cleanup of the debris and the removal of irreparably damaged buildings resulting from declared local emergencies are essential in order to eliminate public nuisance conditions which may adversely affect the public health, safety and welfare. It is the purpose of this section to establish a fair and expeditious procedure which may be utilized in connection with declared local emergencies for the abatement of public nuisances, which includes hazardous buildings and debris.
Accordingly, the Department is hereby authorized to issue orders requiring property owners to abate public nuisances. The Department is also authorized to cause the demolition of hazardous buildings and to remove the debris, rubbish or other dangerous or injurious materials; or to take other action as necessary to abate public nuisance conditions, and to cause the cost of the demolition, removal or abatement to become a special lien against the property. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
The terms "nuisance" and "hazardous buildings" are defined in LAMC Section 91.8902. As used in this section, the term "debris" includes burned or partially burned building materials, members, or portions thereof, ash, damaged appliances, broken concrete, loose bricks, glass, metal and downed trees.
This procedure is in addition to any other procedure that is currently authorized for abatement of such public nuisances. Notwithstanding any provision of this section, the Department may at any time exercise its lawful authority to summarily and immediately abate public nuisances pursuant to LAMC Section 91.8905.
91.8907.2. Notice. Whenever the Department discovers the existence of a public nuisance, including debris and hazardous buildings, the Department may issue an order for the premises upon which the nuisance is discovered to the person listed as the owner of the premises, based on the last equalized assessment roll or supplemental roll. A copy of the order shall be posted in a conspicuous place on the parcel or premises, and a copy shall also be mailed to the person listed as the owner based on the last equalized assessment roll or supplemental roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any notice may be made by an affidavit of any employee of the City, which shows service in conformity with this section. The order shall indicate:
1. The street address, or the approximate street address if no street address has been assigned, of the property on which the nuisance exists;
2. That the condition on the premises as described in the order constitutes a public nuisance;
3. That the owner or owner’s agent is required to obtain all necessary permits to abate the public nuisance within 10 days from the date of the order, and to commence and complete all necessary work within 30 days from the date of the order;
4. That the owner must appear at a hearing conducted by the Board, at a time, date and location specified in the order, which shall be at least 15 days from the date of the order;
5. That upon any such appearance the owner will be given the opportunity to present and to elicit testimony and other evidence to show cause why the alleged nuisance should not be abated by the owner or by the City using its own forces or through contract;
6. That such appearance may be made by the submission of written materials if they have been received by the City at least three days prior to the scheduled hearing at the mailing address specified in the order;
7. That if a public nuisance is found to exist on the property and the owner fails to abate that nuisance, then the Department has the authority to cause the demolition of hazardous buildings and removal of debris, rubbish or other dangerous or injurious materials as necessary to abate public nuisance conditions;
8. That the cost of abatement of the public nuisance by the City may become a special lien against the premises. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
91.8907.3.1. The matter shall be scheduled for hearing before the Board on the date and time specified in the order. The Board shall proceed to determine whether the conditions existing on the premises constitute a public nuisance.
91.8907.3.2. The person notified to appear, or the actual owner of the parcel or premises in the event the person notified is not the owner, or any person representing the owner, who attends the hearing, shall be given an opportunity to present and to elicit testimony and any other evidence on whether a public nuisance exists, and to show cause why the alleged nuisance conditions should not be abated by the owner or by the City using its own forces or through contract. The Board shall proceed with the hearing whether or not such person is in attendance. Written material shall be considered by the Board if it is received three days prior to the scheduled hearing.
91.8907.3.3. At the conclusion of the hearing, the Board shall make a finding and determine whether the premises are a public nuisance, and how much additional time, if any, should be given to the owner for compliance with the Department’s order. Once the Board has acted, it shall have no further jurisdiction over any matter relating to the abatement of the nuisance conditions on the premises. Any future determinations in this regard, including nuisance abatement actions or requests for extensions of time, shall be within the sole jurisdiction and discretion of the Superintendent of Building and not appealable to the Board.
91.8907.3.4. The owner and any other person who appeared at the scheduled hearing on behalf of the owner, either in person or by the submission of written material, shall be notified in writing of the determination of the Board.
91.8907.4. Abatement. (Amended by Ord. No. 175,596, Eff. 12/7/03.) If the Board finds that a public nuisance exists, and if the Department determines that permits were not obtained, or that the nuisance was not removed or otherwise abated by the dates specified in the order, then the City or its contractor may enter upon the premises to demolish hazardous buildings, monitor or remove asbestos, remove debris, rubbish or other dangerous or injurious materials, and take other action as necessary to abate the nuisance. The work may be accomplished by any City department with the forces to perform the work, upon receipt of a request from the Department, or by any forces under contract to the City. Further, if the work qualifies, then it may be done as part of the City-sponsored demolition and debris removal program approved in concept by the City Council on May 22, 1992.
Where the work is accomplished by other than City forces, the cost may be paid from the Repair and Demolition Fund as established in LAMC Section 91.8906. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property upon which the nuisance is located, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40% 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, unless the work is necessitated by an event or course of events that prompts the declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor of the State, or by the President of the United States. 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. 185,587, Eff. 7/16/18.)
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