Los Angeles County Municipal Code Ch. 1.23 Nuisance Abatement Ordinance

The purpose of this chapter is to strengthen the existing regulations, processes, and remedies for the abatement of public nuisances on properties located in the unincorporated areas of the County of Los Angeles. Certain uses of properties in the County endanger public health, safety and welfare, invite crime, reduce property values, degrade the environment, and negatively impact the quality of life of the residents. Such uses are hereby declared detrimental to the community's tranquility and security and shall be abated in accordance with this code, and any applicable constitutional and State law provisions.

(Ord. 2013-0043 § 1, 2013.)

This chapter shall be known as the "Nuisance Abatement Ordinance."

(Ord. 2013-0043 § 1, 2013.)

A.

"Person" means any individual, partnership, limited liability company, corporation, joint venture, association, estate, unincorporated organization, or any other legal entity.

B.

"Property" means any real property located in the unincorporated areas of the County of Los Angeles, including any buildings, structures, or other improvements thereon.

(Ord. 2013-0043 § 1, 2013.)

Any condition on a property that is maintained in violation of any provision of Titles 7 through 32 of this code shall be deemed unlawful and a public nuisance and may be abated as such.

(Ord. 2013-0043 § 1, 2013.)

No person shall cause, maintain, or permit to be caused or maintained a public nuisance, as defined in this chapter, on any property, and every day such public nuisance continues shall be regarded as a new and separate violation.

(Ord. 2013-0043 § 1, 2013.)

The County Counsel may commence an action and/or proceeding for abatement, removal, or enjoinment of any public nuisance, and may take such other steps as necessary and may apply to any court as may have jurisdiction to grant relief for such abatement, removal, or enjoinment. Any person violating any provision of this chapter may be subject to administrative enforcement, civil prosecution and/or criminal prosecution.

(Ord. 2013-0043 § 1, 2013.)

In any action or proceeding to abate a public nuisance, whether by administrative proceeding, judicial proceeding, or summary abatement, the owner of the parcel upon which the public nuisance is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, administrative costs, enforcement costs, and any and all costs incurred in the physical abatement of the public nuisance.

(Ord. 2013-0043 § 1, 2013.)

The prevailing party in any action or proceeding commenced by the County to abate a public nuisance shall be authorized to recover attorneys' fees. Recovery of attorneys' fees shall be limited to those actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.

(Ord. 2013-0043 § 1, 2013.)

Any person who causes, maintains, or permits to be caused or maintained a public nuisance on any property shall be liable for a civil penalty for each day or part thereof that said public nuisance occurs. The County Counsel may seek the recovery of such civil penalties for the County in any civil proceeding described in Section 1.23.060.

A.

For each violation described in Section 1.23.040 that would otherwise constitute a misdemeanor under this code, the civil penalty shall not exceed one thousand dollars ($1,000).

B.

For each violation described in Section 1.23.040 that would otherwise constitute an infraction under this code, the civil penalty shall be as set forth in the applicable provision of Government Code section 25132.

(Ord. 2013-0043 § 1, 2013.)

In addition to the penalties provided for in this chapter, upon entry of a second or subsequent civil or criminal judgment within a two-year period against an owner of a property responsible for a public nuisance and subject to this chapter, the court may order the owner to pay treble the costs of abatement, except if any such judgment relates to an abatement of conditions pursuant to section 17980 of California Health and Safety Code.

(Ord. 2013-0043 § 1, 2013.)

The remedies provided for in this chapter are nonexclusive and are cumulative with any other remedy available to the County as provided for by law for the protection of the health, safety, and welfare of the people of the County of Los Angeles.

(Ord. 2013-0043 § 1, 2013.)