§ 14.50.060. Abatement procedure.

Pursuant to California Government Code Section 38773.5, the city establishes the following procedure for the abatement of the nuisance activities and conditions described in Section 14.50.040:

A.

When the administrator of the neighborhood services division determines that any property within the city is being maintained contrary to one or more of the provisions of Section 14.50.040, he shall mail a notice to abate to the owner of said property, stating the section being violated, and describing the conditions which constitute the public nuisance. Such notice shall order the abatement of the nuisance within a reasonable time and may also set forth suggested methods of correcting the same. Such notice may be served by regular mail to the owner's last known address. In the discretion of the administrator, a second or third notice may be mailed to the owner.

B.

In the event that the owner fails, neglects or refuses to comply with the notice to abate, the administrator shall refer the matter to the code enforcement appeals commission for an administrative hearing to determine the existence of a public nuisance, or to the city prosecutor's office, depending on the seriousness of the violation.

C.

Notice of Administrative Hearing.

1.

For repeated nuisance activities outlined in Section 14.50.040 (34), notice of administrative hearing shall be served by mail and posted 14 days prior to the time fixed for the hearing as follows:

a.

By certified mail, to the property owner and the holder of any mortgage, trust deed, or similar lien or encumbrance of record, and to all property owners within 300 feet of the subject property, as shown on the latest equalized property tax assessment roll;

b.

By regular mail to all occupants of property within 300 feet of the subject property by mailing such notice to "occupant;" and,

c.

By posting along public streets within 300 feet of the subject property.

2.

For all other violations of Section 14.50.040, notice of administrative hearing shall be sent by regular mail ten (10) calendar dates prior to the time set for the hearing as follows:

a.

To the property owner of the two adjacent parcels to the right and the two adjacent parcels to the left of the subject property;

b.

To the property owner of the parcel directly in front of the subject property, as well as to the adjoining property owners to the right and left side of that parcel; and,

c.

To the property owner of the parcel immediately behind the subject property.

D.

At the time fixed in the notice of administrative hearing, a panel of the code enforcement appeals commission shall hear and consider all relevant evidence, including but not limited to: the testimony under oath of all competent persons desiring to testify respecting the condition constituting the alleged nuisance, proposed rehabilitation, repair, removal or demolition of such property, and any other matter which may be pertinent. Irrelevant and unduly repetitious evidence shall be excluded.

E.

1.

At the conclusion of the hearing, if the panel finds that the condition alleged constituted a pubic nuisance, it shall order the owner to abate the nuisance within a reasonable time.

2.

With respect to nonconforming uses, the panel may require the modification, discontinuance, or removal of the subject nonconforming use, building or structure. As part of any such action, the panel may impose such conditions which the panel determines are necessary to protect the best interests of the surrounding property or neighborhood, to eliminate, lessen, or prevent any detrimental effect thereon, or assure compliance with other applicable provisions of law. Conditions imposed may include the establishment of amortization schedules and affect the establishment, maintenance, or operation of a nonconforming use, building or structure which has been found to be a public nuisance. The panel may require that a nonconforming use or building be discontinued or removed, only if the panel also finds that (a) proper governmental efforts to cause the owner or lessee to eliminate the problems associated with the premises have failed; and (b) that the owner or lessee has failed to demonstrate, to the satisfaction of the panel, the willingness and ability to eliminate the problems associated with the subject property.

F.

The property owner may file an appeal of the panel decision with the full commission by submitting an application for appeal to the administrator of neighborhood services within 10 days of the date the decision is mailed to the owner. On appeal, the panel decision will be reviewed by the full commission to determine if it is supported by the record or if the panel erred in some other respect.

G.

If there is no appeal of the panel decision, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the panel decision. In the event the owner fails, neglects or refuses to abate the nuisance as ordered by the panel or the full commission, the administrator of neighborhood services may cause the same to be abated by city employees or private contract. The costs shall then be billed to the owner and shall become due and payable 30 days thereafter.

H.

The decision of the full commission shall be final. The appellant shall be notified that judicial review of the full commission decision is available under the provisions of the Code of Civil Procedure.

I.

The city shall keep an itemized report of the expenses involved in abating the nuisance, i.e., the work performed, the cost of the work, including any salvage value and incidental expenses, any administrative costs incurred, a description of the real property upon which the nuisance or immediate hazard was located, and the names and addresses of the persons entitled to notice under the ordinance. The city shall post conspicuously on the property and shall also mail to the owner of the property a copy of the report of the expenses of the abatement, together with a notice of time and place when the statement will be reviewed and confirmed by the code enforcement appeals commission.

J.

If the owner does not pay the expense of abating the nuisance within 5 days after the time set for reviewing and confirming the statement before the code enforcement appeals commission, the cost shall become a special assessment against the real property upon which the nuisance was abated.

K.

The total cost for abating the nuisance shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation with the L.A. County recorder of a notice of lien, shall constitute a lien on said property for the amount of such assessment. After such recordation, a certified copy of the report confirmed by the code enforcement commission decision shall be filed with the L.A. County tax collector on or before August 15th of each year, whereupon it shall be the duty of said tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

L.

It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final action of the panel or full commission pursuant to this section. Such violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter.

(Ord. 6936 § 5, 2003; Ord. 6630 § 4, 1995: Ord. 6518 § 7, 1993; Ord. 6402 § 2 (part), 1990)