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(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.)
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8908.1. Welded steel moment frame buildings located in high earthquake damaged areas experienced damage in the beam to column moment connection as a result of the earthquake of January 17, 1994 and its aftershocks. Except as provided by this section, it is unlawful for any person, firm, or corporation to maintain a building with damaged welded moment connections. The purpose of this section is to provide a practicable method, in addition to any other remedy available by law, whereby earthquake damaged welded steel frame moment buildings may be repaired.
91.8908.2. If the Department determines that a commercial building is a welded steel moment frame building located in a high earthquake damaged area, then the Department may issue an order to the owner, as shown on the last equalized assessment roll, to repair all damaged welded connections.
Within 180 days of mailing of the order, the building owner shall submit an inspection report to the Department indicating the number of damaged welded connections and proposed repair procedures. This inspection report shall be prepared under the direction of a structural engineer licensed by the State of California and shall include the results of any ultrasonic tests or the results of other approved methods of testing of connections. The inspection report shall be approved when it is determined to be in keeping with general standards established by the Department. Permits shall be obtained and repairs to the damaged connections shall commence within 90 days of the Department’s approval of the submitted report. Repairs shall be completed within two years of the date of the permit.
91.8908.3. For purposes of this section, the following areas are high earthquake damaged areas:
That area bounded by, Mulholland Drive, Beverly Glen Boulevard, Pico Boulevard, Overland Avenue, Venice Boulevard, Centinela Avenue, Montana Avenue, 26th Street, Sunset Boulevard, and Mandeville Canyon Road.
That area of the City which is North of Mulholland Drive, and bounded by Universal City, Burbank, Glendale, Los Angeles County, and Ventura County.
The City Council, by resolution, may extend the boundaries of these earthquake damaged areas if it finds that damage has occurred to welded steel moment frame buildings outside the boundaries described above. The Department may issue an order for any welded steel moment frame building outside of the high earthquake damaged areas if the Department determines that the building has experienced earthquake damage. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
91.8908.4. (Amended by Ord. No. 185,587, Eff. 7/16/18.) If an owner fails to comply with an order issued pursuant to this section within the time set forth in the order or such additional time as may be granted by the Department, then the Department may secure compliance utilizing the procedures set forth in LAMC Section 91.8903. However, if the Department utilizes LAMC Section 91.8903, then the order described in LAMC Subdivision 91.8903.1.1 shall indicate that the building is within the scope of Division 89, Article 1, Chapter IX of the LAMC because of the owner's failure to comply with the requirements of this section. Further the time for compliance set forth in LAMC Subdivision 91.8903.1.2 may be reduced to 10 days, and the order to vacate described in LAMC Subdivision 91.8903.1.3 may be issued whenever the Department deems appropriate.
91.8908.5. Notwithstanding any other provisions of this Code to the contrary, the owner of any building, who fails to comply with an order issued pursuant to this section within the time limits established in this section, shall be guilty of a misdemeanor. Further, if the Department determines at any time that the building is a hazardous building or unsafe to occupy, then it may order that the building be vacated or that other corrective actions be taken.
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