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91.9001.1. Purpose of Division. The provisions of this division are intended to provide a just, equitable and practical method, in conjunction with any other remedy available by law, to vacate and secure property whose land use or discretionary zoning approval has been discontinued or revoked by the Director of Planning or City Council pursuant to Section 12.27.1 of the Los Angeles Municipal Code (Administrative Nuisance Abatement Proceedings).
91.9001.2. Scope. This division shall apply to property whose land use or discretionary zoning approval has been discontinued or revoked by the Director of Planning or City Council pursuant to Section 12.27.1 of the Los Angeles Municipal Code.
For purposes of this section, the following words shall be construed as defined below.
NUISANCE. Any use of land that jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or in the surrounding area; or has resulted in repeated nuisance activities, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, robbery, battery, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or adversely impacts nearby uses.
PROPERTY. A lot, building, or portions thereof.
91.9003.1. Vacate Order. The Department shall issue an order to vacate the property whose land use or discretionary zoning approval has been discontinued or revoked by the Director of Planning or City Council pursuant to Section 12.27.1 of the Los Angeles Municipal Code. Notwithstanding the provisions of Los Angeles Municipal Code Sections 12.26 K. and 98.0403 to the contrary, there shall be no appeal from this order. The order shall specify that the order applies only to that portion of the property whose land use or discretionary zoning approval has been discontinued or revoked.
91.9003.2. Closure Notification. The order to vacate the property shall be sent to the business operator, property owner, lessees, occupants, and to all persons shown in the title report as having any ownership interest, existing tenant(s) and person(s) in control of the property. The order shall state that the business operator, property owner, or person in control has 15 days from the effective date of the order to discontinue or revoke, to vacate and secure the property until a new land use is authorized.
91.9003.2.1. Time for Compliance. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Within 15 days of the effective date of the order, the business operator, property owner or persons in control shall vacate and secure the property against unauthorized entry or the Department shall institute an enforcement action as provided in LAMC Subsection 91.9003.4.
EXCEPTION: The Department shall give the business operator, property owner or person in control of a residential use no less than a 30-day notice and no more than a 60-day notice to vacate and secure the property. If the property is subject to the Rent Stabilization Ordinance (RSO) (Sections 151.00, et seq. of the Los Angeles Municipal Code), the business operator, property owner or person in control may apply for an extension of time in which to comply. Nothing in this section is intended to supersede or abrogate the rights of tenants provided by State statute or by the Los Angeles Housing Code and RSO, or by any other provision of the Los Angeles Municipal Code.
91.9003.2.2. Failure to Comply. (Amended by Ord. No. 185,587, Eff. 7/16/18.) If the business operator, property owner or person in control fails to maintain the property vacant and secured, the Department shall cause the property to be vacated and secured by whatever means the Department determines is reasonable and necessary pursuant to LAMC Subsection 91.9003.4. The Department shall tell the Department of Water and Power to disconnect utilities upon verification that there are no persons legally entitled to occupy the property, and if necessary, may padlock, barricade and/or fence the property. The business operator, property owner or person in control is responsible for all costs incurred by the Department pursuant to this section, including the cost of inspection. 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. The City may recover these costs through an action before any court of competent jurisdiction.
91.9003.2.3. Relocation Assistance. Whenever the land use or discretionary zoning approval that is revoked is a residential use, the relocation assistance procedure of Section 12.27.1 D.2. of the Los Angeles Municipal Code shall apply. The Los Angeles Housing Department shall identify each tenant eligible for relocation assistance, and shall issue an order requiring the landlord to pay relocation benefits in the amounts specified in Section 151.09 G. of the Los Angeles Municipal Code. No tenant who has caused or substantially contributed to the nuisance activity giving rise to the order to vacate, as determined by the Director of Planning pursuant to Section 12.27.1 D.2. of the Los Angeles Municipal Code, shall be eligible for relocation benefits. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
91.9003.2.4. Vacated Property. No person shall reoccupy any property pursuant to this division until the required clearance(s) and permit(s) are obtained from this Department and the Department of City Planning.
91.9003.2.5. Posting of Property. When the Department orders the owner to vacate and secure a property, the Department shall post a warning placard or sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or hidden from view in any manner.
The placard or sign shall read substantially as follows:
91.9003.2.6. Recordation. (Amended by Ord. No. 185,587, Eff. 7/16/18.) When the Department serves an order to vacate the property as described in LAMC Subsection 91.9003.1, the Department shall record with the Office of the County Recorder a document stating that the property has been determined to be a nuisance, its present use has been vacated and the property owner, business operator, person in control, and occupants have been notified. After a new land use or discretionary zoning approval has been established in compliance with all the provisions of the Los Angeles Municipal Code, the Department shall record with the Office of the County Recorder a document terminating the above-recorded document.
91.9003.2.7. Manner of Giving Notice. The orders described in this division shall be written and may be delivered in person to the property or sent by United States mail in a sealed envelope, postage prepaid, addressed to such person(s) at the address as shown in the title search, the business operator, property owner and person in control of the property, and all occupants at the time the order is issued. 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 pursuant to this division. Proof of giving notice may be made by an affidavit of any employee of the City that shows service in conformity with this section.
91.9003.3.1. Failure to Comply. The business operator, property owner or person in control of the property who fails to comply with any vacate order pursuant to this division and to Section 12.27.1 of the Los Angeles Municipal Code within the time limits established in this division shall be guilty of a misdemeanor.
91.9003.3.2. Any person who defaces, covers, hides, or removes any notice or order posted as required in this division shall be guilty of a misdemeanor.
91.9003.3.3. Any person who enters, remains, occupies or is present in a property that has been posted by the Department pursuant to this division 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. Notwithstanding any other provision of 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 division, and arrest anyone violating the vacate order.
91.9003.4.1. General. If the owner, business operator or person in control of the property fails to comply with an order issued pursuant to this division within the time set, the Department may institute appropriate action to secure compliance as provided by law for misdemeanor violations, shall have the Department of Water and Power disconnect utilities upon verification that there are no persons legally entitled to occupy the property, and shall barricade, padlock, fence or secure the property by whatever means the Department determines as reasonable and necessary.
91.9003.4.2. Notification. The Department shall obtain a title report listing all persons shown by the county recorder as having an ownership interest or liens or encumbrances or other interests in the real property. The Department shall notify these persons that a lien will be placed against the real property to cover the cost of vacating and securing the property. The notice shall advise them of their right to a hearing.
(Division Added by Ord. No. 169,341, Eff. 2/4/94.)
Section
91.9101 Purpose.
91.9102 Scope.
91.9103 Definitions.
91.9104 Rating Classifications.
91.9105 General Requirements.
91.9106 Administration.
91.9107 Historical Buildings.
91.9108 Analysis and Design.
91.9109 Materials of Construction.
91.9110 Information Required on Plans.
91.9111 Required Building Maintenance.
91.9112 Violations – Penalties for Disregarding Department Orders.
(Added by Ord. No. 169,341, Eff. 2/4/94.)
The purpose of this division is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on tilt-up concrete wall buildings designed under the building codes in effect prior to January 1, 1976. Such buildings have been categorized, based on past earthquakes, as being potentially hazardous and prone to significant damage, including possible collapse, in a moderate to major earthquake.
The provisions of this division are minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury on both subject and adjacent properties and will not necessarily prevent loss of life or injury or prevent earthquake damage to an existing building which complies with these standards. The requirement for compliance with these standards does not preclude the utilization, at the building owner’s option, of more extensive strengthening method that might further prevent or limit loss of life or injury or building damage. This division shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered unless they constitute a hazard to life or property.
This division provides systematic procedures and standards for identification and classification of tilt-up concrete wall building based on the current use of the building. Priorities, time periods, and standards are also established under which these buildings are required to be structurally analyzed and strengthened for seismic resistance. Where the analysis determines structural deficiencies, this division requires the building to be strengthened or demolished.
(Added by Ord. No. 169,341, Eff. 2/4/94.)
The provisions of this division shall apply to all buildings designed under building codes in effect prior to January 1, 1976, which, on the effective date of this division have tilt-up concrete walls as defined herein.
Buildings within the scope of the division may not be added to or structurally altered or remodeled without first complying with the provisions of this division unless the building official determines that the alteration is minor in nature.
Seismic strengthening in place prior to the effective date of this ordinance shall be evaluated according to the provisions of this division and modified to comply if deficient.
(Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
For purposes of this division, the applicable definitions in CBC Sections 1602, 1902, 2302 and Section 11.2 of ASCE 7, and the following shall apply: (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
COMMENCED CONSTRUCTION. Construction pursuant to a valid building permit has progressed to the point that one of the called inspections as required by the Department has been made and the work for which the inspection has been called has been judged by the Department to be substantial and has been approved by the Department.
DEPARTMENT. The Department of Building and Safety.
ESSENTIAL BUILDING. For purposes of this division, any building housing a hospital or other medical facility having surgery or emergency treatment areas, fire or police stations, municipal government disaster operations, and communication centers.
HISTORICAL BUILDING. Any building designated or currently in the process of being designated as an historical building by an appropriate federal, state or city jurisdiction.
TILT-UP CONCRETE WALL. A form of precast concrete panel construction either cast in the horizontal position at the site and after curing, lifted and moved into place in a vertical position, or cast off-site in a fabricator’s shop.
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