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(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.
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.
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