(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.