The City, in addition to any other legally available remedy,
may collect any fee, cost, or charge incurred in the abatement of
public nuisances and in the enforcement of state and local housing,
building, and zoning laws, codes, and regulations with respect to
construction or land use activities, by making the amount of any unpaid
fee, cost or charge a lien against the property that is the subject
of the enforcement activity.
(03-07)
The following definitions shall apply for purposes of this chapter:
shall mean the actual cost incurred by the City in performing the inspections, enforcement, and/or abatement activity related to the actions listed in Section 1.15.030 of this Code, including the City's incidental and direct administrative expenses and any permit fees, late charges, interest, fines and penalties authorized under this Code.
shall mean any individual employed or otherwise charged by
the City to enforce codes, ordinances, resolutions, mandates, laws,
regulations, or rules within the City.
shall mean the hearing officer designated by the City Council
to make a recommendation to the City Council regarding a notice of
proposed lien.
shall mean the notice provided to a responsible party for the administrative costs associated with the violation of any ordinance, law, or regulation set forth under Section 1.15.030 of this Code.
shall mean any individual or corporation, partnership, association,
or other group or combination of individuals acting as an entity,
that has an ownership or leasehold interest in the subject property,
or has a contractual obligation to lease or maintain the subject property.
shall mean the property that is the subject of the enforcement activity where one or more violations of any ordinance, law or regulation set forth under Section 1.15.030 of this Code has occurred or continues to occur.
(03-07)
Pursuant to Section 54988 of the Government Code and in accordance
with the procedures set forth in this chapter, the City may assess
and collect all administrative costs resulting from the following:
A.
Abatement
of a public nuisance;
B.
Correction
of any violation of any law or regulation that would also be a violation
of Section 1941.1 of the Civil Code;
C.
Enforcement
of zoning ordinances adopted pursuant to Chapter 4 of Division 1 of
Title 7 of the Government Code;
D.
Inspection
and abatement of violations of the State Housing Law, as set forth
in Part 1.5 of Division 13 of the Health and Safety Code and any regulations
adopted pursuant thereto;
E.
Inspection
and abatement of violations of the California Building Standards Code,
as set forth in Title 24 of the California Code of Regulations; or
F.
Inspection
and abatement of violations of any section of this Code that implements
or is authorized pursuant to the foregoing provisions of state law.
(03-07)
This chapter shall not apply to owner-occupied residential dwelling
units or any enforcement, abatement, or correction that is evident
in any final building plans filed with the City for which a building
permit was issued.
(03-07)
A.
Prior to placing a lien on the subject property for the recovery of administrative costs, as authorized by Section 1.15.030 of this Code, the enforcement officer shall issue a notice of proposed lien to the responsible party.
B.
The
notice of proposed lien shall contain, in a form determined by the
City, the following:
1.
The
date(s) of violation(s).
2.
The
address, or if no address is available, a description of the location
where the violation(s) occurred.
3.
A description of the applicable violation(s) of the ordinances, laws, or regulations set forth in Section 1.15.030 of this Code.
4.
The
description and amount of all administrative costs related to the
violation(s).
5.
A
description of the process for paying the administrative costs, including
the time within which and the place to which the administrative costs
shall be paid.
6.
A
description of the process for requesting a hearing on the notice
of proposed lien, including the time within which such request must
be filed and the place from which a request may be obtained.
7.
The
name and signature of the citing enforcement officer.
C.
Service
of the notice of proposed lien shall be made in the manner required
by law. If there is no manner required by law, then service of the
notice of the proposed lien shall be made by:
1.
Personal
service on the responsible person in any of the various ways that
a person may be served with a summons in a civil action pursuant to
Section 415.10 of the Civil Code;
2.
First
class mail; or
3.
In
instances when personal service or certified mail is not possible,
then service shall be provided by publishing a notice in a newspaper
of general circulation and posting an 8 and 1/2″ x 11″
enlargement of the notice of costs in a conspicuous location on or
in front of the subject property.
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Unless a different date of effectiveness is provided in the
notice of proposed lien, the effective date shall be as follows: (a)
if personal service is made, notice shall be effective upon actual
service, (b) if mail is used, notice shall be effective at the time
of deposit in the United States mail, or (c) if publishing and posting
is used, notice shall be effective at the time both the publication
and posting are complete.
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(03-07; 21-06)
The enforcement officer shall calculate the amount of the administrative costs imposed pursuant to this chapter by totaling all costs and expenses described in Section 1.15.020. The enforcement officer shall keep an account of the administrative costs and shall prepare a written, itemized report showing the administrative costs and shall maintain such report in the City's file for the subject property.
(03-07)
A.
All
administrative costs listed in a notice of proposed lien shall be
paid to the City within 45 calendar days after the effective date
of the notice of proposed lien.
B.
Any payment of administrative costs paid pursuant to this section shall be refunded if it is determined, after a hearing conducted pursuant to Section 1.15.090 of this Code, that the person charged was not the responsible person or the violation that created the administrative costs specified in the notice of proposed lien did not occur.
(03-07)
A.
If the administrative costs listed in a notice of proposed lien are not paid within 45 calendar days from the effective date of the notice of proposed lien and the responsible person does not request a hearing pursuant to Section 1.15.090, the amount of all unpaid administrative costs may become a lien against the subject property described in the notice if the
City Council takes action, as described in Section 1.15.110. If the time for payment of the administrative costs as set forth in Section 1.15.070 expires and the responsible person has not requested a hearing pursuant to Section 1.15.090 of this Code, the enforcement officer shall make a written recommendation to the City Council for a proposed lien against the subject property.
B.
The
imposition of a lien under this chapter shall not prohibit the City
from using any other available legal means to collect any past due
administrative costs, including contracting with collection agencies
and seeking judgment in court.
(03-07)
Any responsible person issued a notice of proposed lien by an enforcement officer may request a hearing to contest the violation(s) of the ordinances, laws, or regulations set forth in Section 1.15.030 of this Code, or contest that he or she is not responsible for the violation. The responsible person may request a hearing by following the procedures set forth in Sections 1.14.060 and 1.14.070 of this Code, except that the term "administrative citation" used therein shall mean a "notice of proposed lien," and the terms "fine" or "penalty" used therein shall mean "administrative costs."
(03-07)
A.
All hearings requested pursuant to Section 1.15.090 of this Code shall be held before the hearing officer. The hearing shall be conducted pursuant to the procedures set forth in Section 1.14.090 of this Code, except that the term "administrative citation" used therein shall mean a "notice of proposed lien."
B.
After
considering all the testimony and evidence submitted at the hearing,
the hearing officer shall make a written recommendation to the City
Council, which shall include factual findings based on the testimony
and evidence submitted at the hearing.
C.
The
recommendation of the hearing officer shall be delivered to the responsible
person in the manner required by law. If there is no manner required
by law, then the recommendation of the hearing officer shall be served
to the responsible person by first class mail at least 10 days before
the City Council shall consider such recommendation. Such notice shall
also include the date and time at which the City Council shall consider
the hearing officer's recommendation.
(03-07; 21-06)
A.
Upon
receipt of the written recommendation from the hearing officer or
the enforcement officer, the City Council may adopt the recommendation
or it may set the matter for a new hearing before the City Council.
B.
If the City Council sets the matter for a new hearing, written notice shall be provided to the responsible person in the manner required by law. If there is no manner required by law, then written notice shall be provided to the responsible person by first class mail at least 10 calendar days in advance of the hearing. The hearing shall be conducted in accordance with the procedures set forth in Section 1.15.100 of this Code.
C.
If,
either upon recommendation by the hearing officer or enforcement officer
or after conducting a new hearing, the City Council determines that
the proposed lien shall become a lien against the subject property,
the City Council may cause a notice of lien to be recorded. The notice
shall include the following:
1.
Identify
the record owner or possessor of the subject property;
2.
Set
forth the last known address of the record owner or possessor;
3.
Set
forth the date upon which the lien was created against the subject
property; and
4.
Include
a description of the real property subject to the lien and the amount
of the lien.
D.
The
lien shall attach upon recordation in the office of the County Recorder
and shall have the same force, priority, and effect as a judgment
lien, not a tax lien.
(03-07; 21-06)
Any person aggrieved by the decision of the City Council pursuant
to this chapter may obtain review of the decision by filing a petition
for review in a court of competent jurisdiction in County of Los Angeles,
in accordance with applicable provisions of state law.
(03-07)
