Loading...
The action of the City Council adopting a proposed decision or a modified proposed decision and an order confirming an assessment shall be final.
The cost of removal, or other elimination or abatement of a nuisance from in front of or on a parcel of land shall constitute a special assessment against that parcel. After an assessment is made and confirmed by the City Council pursuant to Section 57.4906.5.3, a lien shall attach to the parcel upon recordation in the Office of the County Recorder of a copy of the order confirming the assessment. The connection of such assessment and enforcement of the lien shall be in the manner provided in Sections 39578 through 39588 of the Government Code, incorporated herein by reference as set forth on the effective date of this section or as said provisions may be amended or otherwise appear in the law.
As an alternative method for the collection of the cost of abatement, the City may maintain an action of law thereof against the owner of the premises upon which the nuisance was maintained in any court of competent jurisdiction. Such cost shall be deemed a personal obligation of such owner.
Nothing contained in this subsection shall be deemed to preclude the Chief from requiring more than the minimum distances for firebreaks when the Chief determines that hazardous conditions exist that necessitate greater fire protection measures.
Under uncodified Ordinance No. 172,652, eff. 7/25/99, a moratorium was imposed until January 1, 2000, on the collection of any penalty imposed by the City for late payment of the fee charged pursuant to Section 57.4906.5.2 for inspection of properties to determine the existence of a violation of Section 57.4906.5.
A fire on a parcel of land that is not in compliance with Section 57.4906.5 is a public nuisance. If the City incurs costs either in fighting a fire on a parcel of land that was not in compliance with Section 57.4906.5 at the time of the fire, or in fighting a fire that spread from that parcel, then the City shall recover the costs of abatement.
The costs of abatement shall include the costs of fighting the fire, providing rescue or emergency medical services and providing support services, including services from the Los Angeles Police Department and the Department of Water and Power. These abatement costs shall also include any costs incurred by the City in using City and non-City personnel.
All costs incurred pursuant to this section shall be a personal obligation against the person or persons, including mortgagees, who have an obligation to comply with Section 57.4906.5, 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. 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.
EXCEPTION: If costs are incurred by the City for or arising out of fighting a fire 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, or the President of the United States, then no lien shall be recorded against a parcel of land pursuant to this section.
Loading...