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International Building Code 2018 (IBC 2018)

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Section 91.9001 General

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91.9001.1 Purpose of Division

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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

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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.

Section 91.9002 Definitions

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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.

Section 91.9003 Abatement Procedures

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91.9003.1 Vacate Order

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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

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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

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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

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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

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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 Housing and Community Investment 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.

91.9003.2.4 Vacated Property

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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

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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:


VACATED PROPERTY — DO NOT ENTER
BY ORDER OF THE CITY OF LOS ANGELES


It is a misdemeanor to enter, to remain, to occupy or be present unlawfully in or on this property. It is a misdemeanor to remove, deface, cover or hide this placard.

Sec. 12.27.1 and Sec. 91.9003 Los Angeles Municipal Code

91.9003.2.6 Recordation

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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

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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 Violations - Penalties for Disregarding Initial Orders

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91.9003.3.1 Failure to Comply

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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

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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

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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 Enforcement — Noncompliance With Department Orders

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91.9003.4.1 General

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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

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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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