Los Angeles County Municipal Code Ch. 98 Unoccupied Buildings, Structures, and Special Hazards

Title 26 of the Los Angeles County Code is amended by adding Chapter 98, entitled "UNOCCUPIED BUILDINGS, STRUCTURES, AND SPECIAL HAZARDS," to read as follows:

9801 - SCOPE

The provisions of this Chapter shall apply to all unoccupied buildings or structures that are not properly secured, locked or closed and that are accessible, and to Special Hazards, as defined in Section 9802.

(Ord. 2010-0053 § 84, 2010.)

9802 - DEFINITIONS

The following words and terms shall, for the purpose of this Chapter, and as used elsewhere in this Code, have the meanings shown herein:

SPECIAL HAZARD. Any swimming pool (greater than 18 inches in depth), and any mine shaft, test hole, well, pit, or similar excavation that exceeds 6 inches in any lateral dimension and 3 feet in depth and that is accessible.

(Ord. 2010-0053 § 84, 2010.)

9803 - ORDER TO SECURE BUILDINGS, STRUCTURES OR SPECIAL HAZARDS

When the Building Official determines that any unoccupied building or structure is not properly secured, locked, or closed and is accessible to juveniles, transients, and undesirables and is a health, fire, or safety hazard to the adjacent community, the Building Official shall be authorized to serve the record owner and (if not the owner) the person having control of such building or structure with an order to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto.

(Ord. 2010-0053 § 84, 2010.)

When the Building Official determines that any Special Hazard is a health or safety hazard to the adjacent community, the Building Official shall be authorized to serve the record owner and (if not the owner) the person having control of such

property with an order to remove, backfill, or secure the same forthwith so as to prevent unauthorized persons from gaining access thereto.

(Ord. 2010-0053 § 84, 2010.)

In addition to ordering that the building or structure be secured or closed, or the Special Hazard be removed, backfilled, or secured, the Order by the Building Official shall contain the following:

Notice that the record owner or (if not the owner) the persons having control of such building, structure, or Special Hazard may request a hearing to review the Building Official's Order, by submitting a written request therefor to the Building Official not later than 10 days after receipt of the Order.

Notice that, if the required work is not performed within 10 days after service of notice, and if a timely demand for hearing has not been made, then the County may perform the work at the expense of the said owner.

(Ord. 2010-0053 § 84, 2010.)

9804 - NOTIFICATION TO OTHER PERSONS

The Building Official may, but is not required to, send copies of any order provided for in Section 9803 to the holder of any mortgage, trust deed, or other liens or encumbrance, the holder or owner of any lease, or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.

(Ord. 2010-0053 § 84, 2010.)

9805 - POSTING

A copy of any order provided for in Section 9803 shall be posted in a conspicuous place on the building, structure, or property which is the subject of the order. Such order shall remain posted until the building is lawfully occupied or the Special Hazard is sufficiently removed, secured, closed, covered, fenced, backfilled, or provided with some equivalent protection to the satisfaction of the Building Official. No person shall remove such order without the written permission of the Building Official. No person, other than a person having the right of occupancy, shall enter the building.

Further, the Building Official may cause to be posted on such building a sign or signs to read:

VACATED BUILDING, DO NOT ENTER OR DAMAGE BY ORDER OF THE DEPARTMENT OF PUBLIC WORKS, BUILDING AND SAFETY DIVISION, COUNTY OF LOS ANGELES

(Ord. 2010-0053 § 84, 2010.)

9806 - SERVICE

Proper service of any order or notice required by this Chapter shall be by personal service or by first-class mail upon the record owner and (if not the owner) the person having control of such building, structure, or property.

In the event the Building Official is unable to serve any order or notice on any person as specified above, proper service on such person shall be by posting the notice in a conspicuous place on the building, structure, or property.

The failure of any owner or other person to receive an order or notice shall not affect in any manner the validity of any proceedings under this Chapter.

(Ord. 2010-0053 § 84, 2010.)

9807 - REQUEST FOR HEARING

Within 10 days after service upon the record owner of an order pursuant to Section 9803, the said record owner or any other aggrieved person may request a hearing.

(Ord. 2019-0056 § 67, 2019; Ord. 2010-0053 § 84, 2010.)

9808 - NOTICE OF HEARING

Upon receiving a request for hearing, the Building Official shall set the matter for hearing before the Building Rehabilitation Appeals Board or the Code Enforcement Appeals Board and shall serve notice not less than 10 days prior thereto, upon the person requesting such hearing and upon every person upon whom the order provided for in Section 9803 was served.

(Ord. 2010-0053 § 84, 2010.)

9809 - HEARING PROCEDURE

Except to the extent inconsistent with any provision of this Chapter, the procedures for the hearing under this Chapter before the Building Rehabilitation Appeals Board or the Code Enforcement Appeals Board shall be the same as the procedures provided in this Code for the hearings relating to substandard buildings.

(Ord. 2010-0053 § 84, 2010.)

9810 - SECURING BUILDINGS, STRUCTURES, OR SPECIAL HAZARDS BY COUNTY

9810.1

If, as of the 10th day following service of the order described in Section 9803, no hearing has been requested pursuant to Section 9807 and the building, structure, or Special Hazard has not been sufficiently secured, closed, covered, fenced, backfilled, or provided with some equivalent protection, in compliance with said order, the County may perform the work required to secure or close the building or structure or abate the Special Hazard. The record owner and any other person on whom the order described in Section 9803 was served shall be liable for the costs incurred by the County in performing such work.

(Ord. 2010-0053 § 84, 2010.)

9810.2

If, after a hearing pursuant to this Chapter, the Building Rehabilitation Appeals Board or the Code Enforcement Appeals Board determines to affirm the order given by the Building Official pursuant to Section 9803, and the building, structure, or Special Hazard has not been sufficiently removed, secured, closed, covered, fenced, backfilled, or provided with some equivalent protection within the time specified by the Building Rehabilitation Appeals Board or the Code Enforcement Appeals Board, then the County may perform the work required to secure or close the building or structure or abate the Special Hazard. The record owner and any other person on whom the order described in Section 9803 was served shall be liable for the costs incurred by the County in performing such work.

(Ord. 2010-0053 § 84, 2010.)

9811 - COUNTY DEPARTMENTS

At the request of the Building Official, the Director of the Internal Services Department shall sufficiently secure, close, cover, fence, or provide with some equivalent protection any building, structure, or Special Hazard subject to the provisions of Section 9810, so as to limit unauthorized access thereto. The Director of Internal Services shall keep an accurate record of the cost of such work.

(Ord. 2016-0053 § 96, 2016; Ord. 2010-0053 § 84, 2010.)

At the request of the Building Official, the Road Maintenance District Engineer shall backfill or provide with some equivalent protection any Special Hazard subject to the provisions of Section 9810, so as to limit unauthorized access thereto. The Road Maintenance District Engineer shall keep an accurate record of the cost of such work.

(Ord. 2016-0053 § 96, 2016; Ord. 2010-0053 § 84, 2010.)

9812 - NOTIFICATION OF COSTS

Whenever the County incurs costs in connection with removing, securing, closing, covering, fencing, backfilling, or providing some equivalent protection for any building, structure, or Special Hazard pursuant to this Chapter, the Building Official shall notify the record owner and (if not the owner) the person having control of such building, structure, or property, in writing, of the amount of said costs. The record owner and (if not the owner) the person having control of the building, structure, or property, shall pay to the Building Official the amount of said costs, within ten (10) days of the date of the written notice.

(Ord. 2010-0053 § 84, 2010.)

9813 - SUBSTANDARD OR UNSAFE BUILDINGS

Nothing in this Chapter shall be deemed to preclude, prohibit, or restrict the Building Official from securing the prompt demolition or repair of buildings found to be substandard or unsafe under other provisions of the Code.

(Ord. 2010-0053 § 84, 2010.)

9814 - EMERGENCY PROCEDURES

Whenever the Los Angeles County District Attorney, Sheriff or the Chief of the Fire Department determines that the conditions described in Section 9803.1 or 9803.2 constitute such an immediate hazard that access to the building, structure, or Special Hazard must be sufficiently removed, secured, closed, covered, fenced, backfilled, or provided with some equivalent protection forthwith or within less than the designated period and the Los Angeles County District Attorney, Sheriff or the Chief of the Fire Department so notifies the Building Official, then the Building Official shall limit access to such building, structure, or Special Hazard through the Director of the Internal Services Department (as provided in Section 9811.1) or Road Maintenance Division (as provided in Section 9811.2) or by contract, or otherwise, after giving such notice to the record owner or the person in charge, or both as the circumstances will permit or without any notice whatever when, in the opinion of the Los Angeles County District Attorney, Sheriff or Chief of the Fire Department, immediate action is necessary.

The provisions of this Chapter providing for hearings shall apply to any person having any right, title, or interest in any building secured pursuant to this Section. Such person may request a hearing as to the necessity and reasonable cost of the work performed pursuant to Section 9814 within 10 days after the building, structure or Special Hazard is secured, removed, closed, covered, fenced, backfilled, or provided with some equivalent protection or within 10 days after being notified of such work by the Building Official.

(Ord. 2016-0053 § 97, 2016; Ord. 2013-0048 § 87, 2013; Ord. 2010-0053 § 84, 2010.)