PROCEDURES FOR NUISANCE ABATEMENT; COLLECTION OF SPECIFIED FEES, COSTS AND CHARGES; AND RECOVERY OF ATTORNEYS

Los Angeles Administrative Code div. 7, ch. 1, art. 4.6

in effect

Los Angeles Administrative Code § 7.35.1 Scope and Authority.

Sec. 7.35.1. Scope and Authority. (a) The City hereby establishes its procedures for the abatement of public nuisances, except as otherwise mandated by law or specifically provided by City ordinance, and for the collection of specified fees, costs and charges, as well as the recovery of attorneys’ fees, pursuant to California Government Code Sections 38773, 38773.1, 38773.5 and 54988. (b) For purposes of this Article, the terms “nuisance” and “public nuisance” shall be defined as set forth in California Civil Code Sections 3479 and 3480 and California Penal Code Section 370, and shall also include any act or condition declared, determined or deemed to be a public nuisance under the provisions of the Los Angeles Municipal Code or the Los Angeles Administrative Code. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03.

Los Angeles Administrative Code § 7.35.2 Procedure to Abate a Public Nuisance Where the Procedure is Not Specifically Provided for by City Ordinance or Otherwise Mandated by Law.

Sec. 7.35.2. Procedure to Abate a Public Nuisance Where the Procedure is Not Specifically Provided for by City Ordinance or Otherwise Mandated by Law. (a) Scope. The procedures set forth in this Section 7.35.2 shall apply to the abatement of a public nuisance as specified in Sections 57.104.14 (nuisance caused by flammable or hazardous materials), 58.01 (nuisance that endangers public health, safety and welfare), and 65.16 (nuisance caused by hazardous private streets) of the Los Angeles Municipal Code and all other instances of a public nuisance where the abatement procedures are not specifically provided for by City ordinance or otherwise mandated by law. The procedures set forth in this Section 7.35.2 shall not apply to the abatement of a public nuisance as specified in Los Angeles Municipal Code Sections 47.50, 49.84.11, 50.00, 57.104.12.1, 57.121.6, 57.322.3, 61.02, 62.103, 62.104, 62.200, 64.70.09, 91.8119.4.2, 91.8119.5.4, 91.8904.3, 91.8905.3, 91.8906.2, 91.8907.4, 98.0402, 98.0411, 98.0421, or 161.904 or Los Angeles Administrative Code Section 19.106, because these sections specifically provide for alternative procedures. (b) Emergency Abatement. In the event a public nuisance exists that presents an imminent danger to the public health or safety and requires an immediate abatement as an emergency measure, the Board of Public Works or its designee shall proceed forthwith to cause the nuisance to be abated and shall keep account of the cost to do so. The Board of Public Works shall thereafter submit to the City Council a report in the form required in Section 7.35.3 below. Those persons and parcels of land chargeable under California Government Code Sections 38773, 38773.1 or 54988 for the fees, costs or charges related to this summary abatement for creating, causing, committing or maintaining the public nuisance abated shall be identified in the report. (c) Abatement Following Council Declaration of Public Nuisance. Except where there is an absolute emergency that necessitates the immediate abatement of a public nuisance as provided above, the City Council, upon information received, may declare by resolution the existence of a public nuisance and may also instruct that notices issue and that the Board of Public Works or its designee thereafter proceed with the abatement, if necessary. In the event there is a declaration of a public nuisance by the City Council, and there has been no immediate abatement as an emergency measure: (1) The Board of Public Works shall obtain a preliminary title report for the sole purpose of identifying current holders of record of property interests in the parcel involved and shall provide the information to the City Clerk. (2) The Board of Public Works or its designee shall cause a notice of intention to abate a public nuisance to be served upon each person identified in the preliminary title report obtained by the Board of Public Works and to the owner of record of the parcel of land based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared. The Board of Public Works or its designee shall cause a copy of the notice to also be served upon any lessee, occupier or other person in charge or control of the property and to be posted in a conspicuous place upon the subject parcel of land in the event the property is unimproved or unoccupied. The failure of any person or entity to receive the notice shall not render any proceedings invalid. The notice of intention to abate a public nuisance shall identify the property by location, County Assessor’s map book, page and parcel reference, and shall state: (A) The nature of the existing condition; (B) That the condition constitutes a public nuisance; (C) That each person served as provided for in this Subsection (c)(2) is required to abate the nuisance or to cause its abatement; (D) That in the event the nuisance is abated by the City or its contractor, the cost of abatement may become the personal obligation of the person or persons creating, causing, committing, or maintaining the nuisance and the owner of the property and, if confirmed by the City Council, a lien against the subject property; and (E) That the persons given notice may appear at a hearing before the City Council at a time, date and location specified in the notice and upon their appearance will be given the opportunity to present and to elicit testimony and other evidence to show cause why the City should not abate the subject nuisance by its own forces or through contract. (3) The notice required by Subsection (c)(2) above shall be served either in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10 et seq., or by certified mail. The failure of any person or entity to receive the notice shall not render any proceedings invalid. (4) The City Council shall conduct a hearing at the time, date and location set forth in the notice to hear opposition to the City’s utilizing its own or contract forces to abate the nuisance. The City Council, at the conclusion of the hearing, may order the Board of Public Works to cause the abatement of the nuisance. If so ordered, the Board of Public Works shall cause the abatement to proceed. (5) City employees, and non-City personnel engaged by City contract for these purposes, are hereby authorized to enter upon private property for purposes of abating a nuisance pursuant to this Article. (6) City employees, and non-City personnel engaged by City contract for these purposes, shall keep an accurate account of the cost of abatement work performed on each separate parcel. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03. Amended by: Subsec. (a), Ord. No. 180,708, Eff. 7-6-09; Subsec. (c)(2), Ord. No. 181,595, Eff. 4-10-11.

Los Angeles Administrative Code § 7.35.3 Procedures to Confirm a Proposed Lien for Nuisance Abatement Costs and Code Enforcement Costs.

Sec. 7.35.3. Procedures to Confirm a Proposed Lien for Nuisance Abatement Costs and Code Enforcement Costs. (a) Report of Nuisance Abatement Costs. Upon completion of the abatement of a public nuisance as provided in this Article or any other provision of the Los Angeles Municipal Code or Los Angeles Administrative Code, the responsible City department may submit to the City Council an itemized report that includes the date and actual cost of the abatement. (b) Report of Code Enforcement Costs. Upon the imposition of any fee, cost or charge collectible under California Government Code Section 54988 (including costs incurred in performing inspections and enforcement activities, permit fees, fines, late charges and interest) the responsible City department may submit to City Council an itemized report that includes the details regarding the basis for the imposition of the fee, cost or charge. (c) Recoverable Costs May Include 40% Administrative Fee. The actual cost of any abatement of a public nuisance, or the actual cost of any inspections or enforcement activities, may include, where appropriate, an amount equal to 40 percent of the cost to perform the actual work, but not less than $100, to cover the City’ (d) Report Must Include Current Market Value, Encumbrances of Record. Each report submitted shall include a then current market value of any property subject to a proposed lien under California Government Code Section 38773.1 or 54988 and the descriptions and amounts of any encumbrances of record with respect to the property. (e) Notice of Hearing: Contents of Notice, Persons Entitled to Notice. Upon receipt of a report as provided in this Section, the City Clerk shall fix a time for the City Council to hear the report and to hear any objections of property owners or other interested parties to a proposed lien against that property in the amount specified in the report, and shall cause written notice of the hearing to be given to each person identified in the preliminary title report obtained by the responsible City department and to the owner of record of the parcel of land based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared and to each person with an interest in the property who was given notice to abate the nuisance. The written notice shall identify the property by location, County Assessor’s map book, page and parcel reference, and shall in plain language: (1) State the amount of the proposed lien; (2) Describe the basis for the amounts comprising the lien; (3) Provide a minimum of 45 days after notice to pay the fee, cost, or charge; (4) State that the person(s) notified may appear at a meeting of the City Council at a date, time and location specified in the notice to object to the confirmation of the proposed lien in the amount specified in the notice; and (5) State that failure to appear before the City Council on the date, time and location specified may result in the recordation of the proposed lien against the subject property without further notice. (f) Notice of Hearing: Manner of Service. The notice required by Subsection (e) above shall be mailed to the owner of the property by certified mail. If the property subject to the proposed lien is an owner-occupied residential dwelling unit within the meaning of California Government Code Section 54988(a)(3), the notice shall also be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10 et seq. If the owner of record of an owner-occupied residential dwelling unit, after diligent search, cannot be found, then the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and publication in a newspaper of general circulation published in the County of Los Angeles pursuant to California Government Code Section 6062. The failure of any person or entity to receive the notice shall not render any proceedings invalid. (g) Hearing by City Council. At a hearing with respect to confirmation of a proposed lien, the City Council shall consider all evidence presented regarding the proposed lien, and at the conclusion of the hearing shall by order either confirm or disallow the lien in the amount proposed, or modify the lien and confirm it as modified in any lesser amount. (h) Record of Notices. The responsible City Department and the City Clerk shall keep a record of the names and addresses of all persons served with all notices required pursuant to this Article, the location of all properties posted with notices pursuant to this Article, and the dates of any service and/or posting. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03. Amended by: Subsec. (h), Ord. No. 181,559, Eff. 3-22-11.

Los Angeles Administrative Code § 7.35.4 Procedures to Confirm a Proposed Lien for Certain Special Investigations.

Sec. 7.35.4. Procedures to Confirm a Proposed Lien for Certain Special Investigations. (a) A nuisance exists when a business handles a hazardous substance that has not been disclosed as required by Division 8 of Article 7 of Chapter V of the Los Angeles Municipal Code. In the event a business is not in compliance with the requirements of Division 8, and thus a nuisance exists, the Fire Department shall give notice to the on-site manager and the owner of the business, as well as the property owner, that they must immediately file a completed application for a Certificate for the business, as required by Division 8 of Article 7 of Chapter V of the Los Angeles Municipal Code, and abate the nuisance. The notice shall state that if the application is not filed, the Fire Department may conduct a special inspection or other action necessary to obtain the required information concerning the handling of hazardous substances at the business site, that the costs of obtaining the information, together with any administrative costs and fees, may become a proposed lien against the parcel, and that, upon City Council confirmation of the proposed lien, the lien will be recorded against the subject property and collected on the next regular property tax bill. (b) In the event an application for a Certificate is not filed by the business as required, the Fire Department may conduct a special inspection or other appropriate action necessary to obtain information concerning the handling of hazardous substances at the business site. (c) In the event of a special inspection or other action, the Fire Department shall invoice the business for the cost of the inspection or other action and administrative costs and fees. If the invoice is not paid, an itemized written report showing the date and cost of any special inspection or other action by the City, and administrative costs and fees, together with the proposed lien with respect to the parcel, shall be submitted by the Fire Department to the Board of Fire Commissioners for its consideration. (d) The Board of Fire Commissioners shall then cause a written notice to be mailed by certified mail to the on-site manager and to the owner of the business as well as to the property owner at the owner’s last known address. The failure of any person or entity to receive the notice shall not render any proceedings invalid. The notice shall identify the parcel and the business site in question and shall state in plain language the following: (1) That a special inspection, or other action, has been taken in order to abate a public nuisance; (2) That an invoice setting forth the cost of inspection or other action has been mailed to the on- site manager and to the owner of the business as well as to the property owner and a copy of the report setting forth the cost of abatement will be available for review at a specified location; (3) That the City proposes to record a lien against the parcel for the cost of the abatement unless the full amount of the invoice is paid within 45 days after the date the notice is mailed to the property owner; (4) That there will be a public hearing with respect to the proposed lien at the date, time, and location designated in the notice; (5) That the on-site manager, the owner of the business, the property owner, and their duly authorized representatives may appear before a hearing examiner at the date, time and location specified in the notice or may request to appear at an alternate date and/or time. The hearing examiner may designate an alternate date and/or time at the hearing examiner’s reasonable discretion. Any of the listed parties appearing at the hearing will be given the opportunity to present evidence to show cause why the proposed lien should not be confirmed in the amount specified in the bill; (6) That written objections to a proposed lien and requests for an alternate hearing date and/or time submitted to the hearing examiner must identify the parcel proposed to be assessed. The notice, or copy, may, but need not, be used for purpose of the identification. (7) In the event the hearing examiner sets an alternate date and/or time for an appearance, the Fire Department will notify the on-site manager and the owner of the business as well as the property owner as to that alternate date and/or time; and (8) That written objections to the proposed lien must be submitted to the hearing examiner prior to the commencement of the hearing. (e) On the date specified in the notice, or on any day to which the hearing is continued by action of the Board of Fire Commissioners, the Board or its designee, shall act as the City’s hearing examiner and shall conduct a hearing, consider the report setting forth the cost of inspection or other action, receive evidence from Fire Department personnel and others, and consider the evidence presented by the parties prior to or at the hearing. (f) After the hearing has been closed, the hearing examiner shall prepare a report and a proposed decision based upon the evidence presented. The report shall identify and include: (1) the name and mailing address of the on-site manager and the owner of the business as well as the property owner to which a notice of hearing and proposed lien was mailed; (2) the hearing examiner’s factual findings based on the evidence introduced at the hearing and the hearing examiner’s conclusions, recommendations and proposed decision with respect to each parcel; (3) a recommendation on whether the proposed lien should be: (A) confirmed in the amount set forth in the notice; (B) disallowed, or (C) confirmed in an amount less than that set forth in the notice; (4) the hearing examiner’s reasons for its recommendations. The report shall accurately summarize the hearing proceedings, including the objections and other evidence presented by each party. (g) If the hearing was conducted by other than the Board of Fire Commissioners, and after a review of the report the Board does not concur with the recommendations, the Board may send the matter back to the hearing examiner for further action, or the Board may, after due notice, conduct a new hearing and prepare its own decision and recommendations for City Council consideration. (h) Upon adoption of the report by the Board of Fire Commissioners, as hearing examiner, or Board concurrence in the report of its duly appointed hearing examiner, if other than the Board, the report and proposed decision with respect to a contested proposed lien shall be transmitted to the City Clerk’s Office for placement upon the Council calendar no fewer than 15 days after its receipt. The proposed decision shall be in a form that may be adopted as the decision of the City Council. (i) The Board of Fire Commissioners, on behalf of and in the name of the City Council, and concurrently with its submitting a report to the City Council, shall cause a copy of the proposed decision in the matter to be transmitted to the on-site manager and the owner of the business as well as to the property owner, along with a Fire Department telephone number and location where a copy of the hearing examiner’s complete report is available for inspection. The Board shall include a notice that the noticed persons may submit in writing to the City Clerk any information of newly discovered or additional evidence within 15 days from the transmittal date shown on the copy of the proposed decision. (j) The City Council by motion or resolution may refer the matter back to the hearing examiner for further hearing before a final decision is made. If the matter is so referred, the City Clerk shall return the complete file on that parcel and proposed lien to the hearing examiner. Upon receipt of the file, the hearing examiner shall reset the matter for hearing any additional evidence, give due notice, and conduct the hearing for that purpose, and shall then submit another report and proposed decision to the City Council for its review and decision in the same manner as described above. (k) Upon receipt of the Board of Fire Commis sioners’ final proposed decision, the City Council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the City Council. Notice in writing of any de novo hearing shall be provided to the on-site manager and the owner of the business as well as to the property owner at least ten days in advance of the scheduled hearing. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03.

Los Angeles Administrative Code § 7.35.5.1 Owner-Occupied Residential Dwelling Units.

Sec. 7.35.5.1. Owner-Occupied Residential Dwelling Units. (a) Upon the City Council’s confirmation of a proposed lien for the abatement of a public nuisance against an owner-occupied residential dwelling unit within the meaning of California Government Code Section 54988(a)(3), the responsible City Department may record a nuisance abatement lien against the subject parcel as authorized by California Government Code Section 38773.1. (b) From the date of recording in the office of the County Recorder for the County of Los Angeles, the lien shall have the same force, effect and priority of a judgment lien. (c) The nuisance abatement lien recorded shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. (d) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Paragraph (c) above shall be recorded by the responsible City Department. Any nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. (e) A nuisance abatement lien recorded pursuant to this subsection may be foreclosed by an action brought by the City for a money judgment. (f) Notwithstanding California Government Code Section 6103 or 27383, or any other provision of law, the County Recorder may impose a fee on the City to reimburse the costs of processing and recording the lien and providing notice to the property owner. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03. Amended by: Subsec. (a) and (d), Ord. No. 181,559, Eff. 3-22-11.

Los Angeles Administrative Code § 7.35.5.2 All Properties Other Than Owner-Occupied Residential Dwelling Units.

Sec. 7.35.5.2. All Properties Other Than Owner-Occupied Residential Dwelling Units. (a) Upon the City Council’s confirmation of a proposed lien pursuant to this Article against any property other than an owner-occupied residential dwelling unit, the amount of the lien may be collected at the same time and in the same manner as property taxes are collected, as authorized by California Government Code Section 54988(a). All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection. (b) In addition to placing the costs of enforcement relating to the property on the County tax roll as provided in Paragraph (a) above, the responsible City Department may also record a notice of lien against the subject parcel pursuant to California Government Code Section 54988(c). The lien shall attach upon recordation in the office of the County Recorder for the County of Los Angeles and shall have the same force, priority, and effect as a judgment lien; not a tax lien. The notice of lien shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien. (c) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Paragraph (b) above shall be recorded by the responsible City Department. Any nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03. Amended by: Subsec. (b) and (c), Ord. No. 181,559, Eff. 3-22-11.

Los Angeles Administrative Code § 7.35.6 No Election of Remedies.

Sec. 7.35.6. No Election of Remedies. Nothing in this article shall be construed as an election by the City of any available remedy. The City expressly reserves the right to pursue any and all remedies available in addition to the provision of this article under applicable law for the collection of any costs, fees or charges subject to the provisions of this article. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03.

Los Angeles Administrative Code § 7.35.7 Recovery of Attorneys’ Fees.

Sec. 7.35.7. Recovery of Attorneys’ Fees. The City may, pursuant to California Government Code Section 38773.5(b), recover attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the City elects to seek attorneys’ fees, then attorneys’ fees shall be recovered by the prevailing party, rather than limiting recovery of attorneys’ fees to the City if it prevails. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03.

Los Angeles Administrative Code § 7.35.8 Disposition of Collected Funds.

Sec. 7.35.8. Disposition of Collected Funds. Any amounts collected pursuant to the provisions of this article shall be returned to the original source of funding, including as provided in Los Angeles Municipal Code Section 91.8906.1.2. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03.

Los Angeles Administrative Code § 7.35.9 Transitional Provisions.

Sec. 7.35.9. Transitional Provisions. (a) Whenever there has been a sale to the City or a deed to the City under the provisions of former Los Angeles Municipal Code Sections 91.8906.3.20, 91.8906.3.22, 62.103(g)(18) or 62.103(g)(20) on or prior to the effective date of this ordinance, the sale or deed to the City is hereby deemed canceled as of the effective date of this ordinance. Simultaneously with the cancellation of any sale or deed to the City, the City’s lien for any costs incurred for the abatement of any nuisance shall revive. The lien shall have the same priority as a judgment lien and shall date back to the date on which the original lien was recorded pursuant to former Section 91.8906.3.8 or 62.103(g)(6). (b) The responsible City Department is directed to: (1) record a quitclaim deed in relation to each property for which a deed described in Paragraph (a) above has been recorded, and (2) give written notice of recording the quitclaim deed to the owner of the property described in the quitclaim deed, based on the last equalized assessment roll or the supplemental roll, whichever is more current on the date the notice is prepared. Each quitclaim deed shall state on its face that the original lien is revived and the date the original lien was recorded. Each quitclaim deed shall also state on its face any exception to the quitclaim for any easement or other interest in each property that the City may properly retain. (c) Collection of the costs secured by the liens revived as described in Paragraph (a) above shall be pursuant to the provisions of this article. (d) Whenever there has been a confirmation of an assessment under the provisions of former Los Angeles Municipal Code Sections 57.104.14, 62.103(g)(1) through 62.103(g)(3), or 91.8906.3.1 through 91.8906.3.4, or former Los Angeles Administrative Code Sections 19.96 B.6. or 19.97, on or prior to the effective date of this ordinance, the confirmed assessment shall be treated and collected as a confirmed lien under the applicable provisions of Sections 7.35.5 through 7.35.8 of this Article. SECTION HISTORY Added by Ord. No. 175,596, Eff. 12-7-03. Amended by: Subsec. (b), Ord. No. 181,559, Eff. 3-22-11.

Los Angeles Administrative Code § 7.35.10 Recordation.

Sec. 7.35.10. Recordation. Notices or instruments related to proceedings for the collection of nuisance abatement costs, or the collection of any fees, costs or charges subject to the provisions of this Article, including costs incurred performing inspections and enforcement activities collectible under Government Code Section 54988, shall be entitled to recordation. Notices entitled to recordation pursuant to this section shall include, without limitation, notices of pending liens. SECTION HISTORY Added by Ord. No. 184,432, Eff. 9-21-16.

Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/laac/0-0-0-60777Fetched: 10/24/2026