Los Angeles Municipal Code Art. 1 Lighting District Procedures

Section 6.95 General Provisions. 6.96 Definitions. 6.97 Ordinance of Intention: Contents. 6.98 Preliminary Report of Board of Public Works. 6.99 Diagrams and Assessment Maps. 6.100 Publicly Owned and Publicly Used Property. 6.101 Payments by Governmental Bodies after Delinquency of Assessments. 6.102 Approval by City Council. 6.103 Publication of Notice. 6.104 Protest. 6.105 Contesting Validity of Assessment. 6.106 Recordation. 6.107 Alternative Method of Collecting Assessments. 6.108 Publication of Notice of Recordation. 6.109 Installment of Payments. 6.110 Time for Payment. 6.111 Effective Date of Payment. 6.112 Application for Amendment of Assessment. 6.113 Publication of Delinquent List. 6.114 Sale of Delinquent Property.

6.115 Redemption of Sold Property. 6.116 Execution of Deed. 6.117 Effect of a Deed of the Board of Public Works. 6.118 Special Fund. 6.119 Unexpended Balance. 6.120 Removal of Lighting Systems. 6.121 Contracts for Improvements. 6.122 Interdepartmental Purchase Order. 6.123 Multiple Improvement in One Ordinance. 6.124 Waiver of Penalty. 6.125 Intention of the City Council. 6.126 Construction of Article. 6.127 Description.

Whenever the public interest or convenience may require, the Council of the City of Los Angeles, acting under the authority conferred upon it by the City Charter, shall have full power and authority to order any street lighting system, systems and/or appliances, including poles, posts, electroliers, transformers, lighting units, lamps, cables, wires, pipes, conduits, and/or other suitable or necessary works or appliances for street lighting purposes, or any thereof, to be maintained in or along the public streets, alleys or other public places in said City, and/or to order electric current to be furnished thereto; and to determine and declare the district to be benefited by such improvement, and to assess, either partly or wholly, the costs and expenses (including all incidental expenses) of such improvement, or of any one or more of the items, thereof, upon the lands in said district all in the manner and under the proceedings hereinafter provided.

The provisions of this article shall not be limited to the maintenance of street lighting system or appliances owned only by the City and/or to furnish electric current for lighting systems so owned, but such improvement may be made with and by means of such systems or appliances provided and installed by, and remaining the property of the public utility, public corporation, or other party with whom any contract now or hereafter may be entered into for such maintenance and such furnishing of electric current.

SECTION HISTORY

Based on Ord. No. 75,000.

The words “Works” and “Improvement” as used herein shall include the furnishing of electric current, any work, services, supplies, material, fixtures, apparatus, work or improvements authorized to be done, placed, serviced, repaired, maintained, altered, supplied or purchased under the provisions of Section 6.95 hereof.

The phrase “Public Streets, Alleys, and Other Public Places” shall be deemed to also include any rights of way owned by the City.

The word “Occupant” as used herein shall include any and all persons holding any estate or interest in real property less than the fee thereof and in physical occupation of any lot, piece or parcel of land.

The word “Maintenance” as used herein shall include the inspection, repair, replacement, cleaning, and painting of the electroliers, posts, standards, luminaries, lanterns, globes, conduits, cables, wires, and other appurtenances, and appurtenant work, and the maintenance, securing, dismantling and storing of any portion or all of any lighting system which may be removed from service.

The words “Maintenance” or “Improvement” also includes the replacement of any obsolete equipment with new modern equipment necessary for the proper operation of any system. No assessments for the costs and expenses of such replacements of obsolete equipment in any system, as maintenance, shall be levied for any amount greater than twenty per cent (20%) of the total estimated costs and expenses of operation for all districts for the period.

The phrase “Street Lighting System” shall be deemed to also include the lighting of trees and flood lighting in or along public streets.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 132,478; Ord. No. 138,476, Eff. 5-8-69.

Before any improvement is ordered to be made pursuant to this article the Council shall pass an ordinance declaring its intention do so, briefly describing the proposed improvement, stating the period of time, which shall not exceed three years, for which the improvement is to be made, and containing a description of the district to be benefited thereby and to be assessed to pay the costs and expenses thereof and to be known as the Assessment District.

The territory comprising said district may, but need not, include all, or be confined to, or extend beyond, the lots or lands fronting upon the improvement, or be contiguous. The district may consist of separate and distinct areas or sections, and the work performed in one section need not benefit the other section or sections. The district may be described by stating the exterior boundaries thereof, or by referring to the diagram accompanying the report of the Board of Public Works or to the assessment maps on file in the Bureau of Engineering, as provided in Sections 6.98 and 6.99 of this chapter.

The Council, in its discretion, may order, in said Ordinance of Intention, that a portion of said costs and expenses shall be paid out of the City Treasury from such funds as the Council may designate, the amount of which shall be specified in said Ordinance of Intention. The assessment proposed to be levied shall include only the remainder of the estimated costs and expenses of the improvement after deducting such amount. Said ordinance shall also contain those matters required by Section 6.102 of this chapter.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 129,118; 2nd Para., Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Before the Council passes such Ordinance of Intention the Board of Public Works shall file with the City Clerk a report in writing, proposing that the proceeding be commenced; designating the plans, detailed drawings, and specifications, or such of them as may be suitable and proper, for a complete description of the proposed improvement; and stating the estimated total costs and expenses of the proposed improvement and the amount thereof proposed to be assessed. Such plans, drawings and specifications shall be deemed sufficient with respect to the location of the lights to be maintained and/or to be furnished with electric current if the approximate location of such lights is shown or described thereon.

The report shall contain a description of the Assessment District, which may be by describing the exterior boundaries or by reference to a diagram, in which case the diagram shall accompany the report, or by reference to assessment maps showing lands previously approved for assessments, and such maps may be presented or may remain on file in the Bureau of Engineering.

The report shall also be accompanied by a proposed assessment of all of the estimated costs and expenses of the improvement proposed to be assessed upon the several lots or parcels of land in the Assessment District, in proportion to the estimated benefits to be received by each such lot or parcel of land, respectively. Said assessment shall show the parcel number or other identification for each such lot or parcel of land as the respective identifications therefor appear on the assessment diagram or the assessment maps.

If any lands which are proposed to be assessed in the pending proceeding have not previously been approved by the Council for assessment for maintenance of any lighting system, systems or appliances to be serviced in such proceeding, or if lands previously assessed therefor are to be excluded from the Assessment District, the Board of Public Works shall describe such changes in the report or present either a diagram showing the proposed Assessment District or assessment maps, or pages thereof, showing the lands to be added to the district or omitted therefrom. The inclusion or omission of such lands shall be subject to the approval of the Council, and the Council’s approval of a proposed or revised boundary line of the district shall be sufficient therefor.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 117,944; 2nd Para., Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

All diagrams and assessment maps shall indicate clearly, by a boundary line, shading, tinting, inscription or other means, the extent of the territory included in the Assessment District or districts. The diagrams and maps shall also show the boundaries and dimensions of each lot or parcel of land approved for such inclusion in the districts and each lot or parcel shall be distinctly numbered, lettered or otherwise identified thereon. For succeeding or corrected assessments or reassessments, the parcel numbering, lettering or other identification may be changed or combinations or divisions of parcels may be shown on such assessment maps, or new pages therefor may be prepared for any portions thereof, all in the manner approved by the Board of Public Works and as long as an inspection of such maps will readily disclose precisely what land is covered by any particular parcel identification for the current or any prior maintenance assessment period.

After any lands have been approved by the Council for inclusion in Assessment Districts pursuant to this chapter, they shall be shown upon

assessment maps on file in the Bureau of Engineering, together with suitable notation of the Council’s approval; and thereafter such lands may be described in the report and proposed to be included in Assessment Districts by appropriate map reference in preliminary reports, and may be assessed pursuant to this chapter for such maintenance or for renewal or maintenance of any lighting system, systems or appliances as the Council determines will result in benefit thereto, and they need not, for those purposes, be further indicated on diagrams to be transmitted to the Council.

All lands included in any Assessment District which have been previously approved by the Council for maintenance, under this chapter, of lighting systems or appliances in existence and service on the date of passage of the ordinance incorporating this provision to-wit, January 4, 1961, are hereby approved by the Council for subsequent assessment purposes as contemplated herein; and the City Engineer shall certify on assessment maps showing such lands as assessable, the date and fact of the last preceding approval by the Council of the respective Assessment Districts. The certificates of the said City Engineer shall be prima facie evidence of the truth of the matters certified.

Copies of all Assessment District diagrams, not previously recorded, and of assessment maps, or revised pages thereof, that have been approved by the Council, and copies of pages of assessment maps on which are shown change of numbers or identifications of parcels of land, or combinations or divisions of parcels, shall be recorded by the Board of Public Works in suitable records to be kept in the Bureau of Engineering for that purpose. Such diagrams and maps shall, during all office hours, be open to the inspection of any person wishing to examine them, free of charge.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 117,944; 2nd, 3rd & 4th Para., amended by Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Whenever any lot or parcel of land belonging to the United States, or to the State of California, or to the County of Los Angeles, or to the City of Los Angeles, or to any public agent or mandatory of the government, whether federal, state, county or municipal, and being used in the performance of any public governmental function, shall be included within the district to be assessed to pay the costs and expenses of the proposed improvement, the Council may, in the Ordinance of Intention, declare that said lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be levied to cover the costs and expenses of the improvement, in which event the total amount to be assessed for the improvement shall be assessed upon the remaining lots or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots or parcels of land. In the event that there is no declaration in the Ordinance of Intention that any such lots or parcels of land shall be omitted from the assessment, then the City shall be liable for such sums as may thereafter be assessed against those lots or parcels, which sums shall be payable by the City out of the general fund unless another fund is designated therefor. However, any such sums which may be assessed against any such lots or parcels of land shall not be payable by the City when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 117,944.

Whenever the owner or the governing body having control of any lot or parcel of land owned and used as provided in Section 6.100, or of any land which has become so owned and used subsequent to being assessed, tenders, prior to the issuance of a deed on account of delinquency, the payment of the unpaid amount assessed against the property pursuant to this chapter, the City Engineer is authorized to accept such assessed amounts in full payment thereof and in redemption from any sale hereunder and to waive payment of any penalties, costs of sale and any other charges imposed for redemption under this chapter.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 117,944; Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

Upon the filing of said report, the City Clerk shall present the same to the City Council for consideration, and the City Council may approve, correct or modify the same in any respect, or may direct the Board of Public Works to make changes therein. When said report has been approved, or approved as modified and corrected, the Council may pass an ordinance declaring its intention to order the said

improvement. Said Ordinance of Intention, in addition to the matters required in Section 6.97, shall refer to the report of the Board of Public Works on file in the office of the City Clerk, and shall contain also a notice of the time and place when and where protests relative to the proposed improvement will be heard by the City Council, which time shall be not less than 20 days from the date of passage by the Council of the Ordinance of Intention. Said ordinance shall be published by one insertion in a daily newspaper published and circulated in the City of Los Angeles.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 108,449.

After the adoption of the Ordinance of Intention the Board of Public Works shall cause a notice, entitled “ Notice of Street Lighting Maintenance,” to be published not less than two times in a newspaper of general circulation printed and published in the City. Such notice shall contain statements of the facts of the passage of such ordinance and that an assessment is proposed to be levied therefor, the ordinance number and the time and place when and where protests relative to the proposed improvement or appeals against the assessment will be heard by the Council. It shall briefly describe the improvement substantially the same as it is described in the Ordinance of Intention, and refer to the Ordinance of Intention for further particulars. The publication of the notice shall be completed at least ten days prior to the time set for the hearing of protests.

In proceedings for maintenance of and furnishing of current to any street lighting system for the first period after its acceptance or acquisition by the City, the City Engineer shall mail notices, at least 15 days prior to the date fixed for the hearing, addressed to the owners of real property within the Assessment District, as their names appear upon the real property ownership records of the City Engineer’s office, stating the time, place and purpose of the hearing, and the period for which the said maintenance and furnishing of current is proposed. Such mailed notices shall also state that necessary maintenance and current for succeeding periods may be ordered after hearings by the Council of protests relating thereto, and that notice of such hearings shall be published at least 10 days prior to the dates of hearing; and that for any or all of such succeeding periods the said system or district may be maintained separately or may be incorporated with other systems or districts. If the published notices for such first periods of maintenance contain similar statements, copies thereof may be mailed by the City Engineer to property owners in the district in compliance with this paragraph. The failure of the City Engineer to mail any such notice or the failure of any person to receive the same shall not affect the validity of any assessment or other proceeding provided for in this chapter.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 116,470; 2nd Para., Ord. No. 181,595, Eff. 4-10-11.

At any time prior to the day set for hearing protests in relation to the proposed improvement any person interested and affected by the proposed assessment may make written protest stating the person’s objections thereto. Such protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests shall be considered. The City Clerk shall endorse on every such protest the date of its reception by the City Clerk, and shall, at the time appointed for said hearing, present the same to the Council.

At the time set for hearing protests or at any time to which the hearing may be continued the Council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive. At such hearing the Council, by an affirmative vote of four-fifths of its members, may order changes in the proposed improvement by the elimination of any portion thereof and in the boundaries of the proposed Assessment District to eliminate therefrom any territory which will not, in its opinion, be benefited by the improvement to be made, and, by a majority vote, may confirm, amend, alter, modify or correct the assessment or diagram in such manner as to it shall seem just. If protests are sustained, the proceedings shall be abandoned but may be renewed any time. If protests are denied, or in case no protests have been filed, the proposed or modified assessment shall be confirmed and the Council shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of the chapter.

Thereafter the Council shall, by ordinance, order the improvement as proposed or changed to be made and declare its confirmation of the said assessment, which ordinance shall be final and conclusive on all persons in all particulars and the assessment shall thereafter be levied as hereinafter provided upon the lots, pieces or parcels of land within the Assessment District.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 105,920.

The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.

SECTION HISTORY

Based on Ord. No. 75,000.

Upon the confirmation on the assessment the City Clerk shall transmit the diagram and assessment to the Board of Public Works; and, after the ordinance ordering the improvement is published, the said Board shall record such assessment and diagram in a suitable book to be kept in the Bureau of Engineering for that purpose, and append thereto its certificate of the date of the recording. Such record shall constitute the Assessment Roll and from the date of the recording all persons shall be deemed to have notice of its contents.

Immediately upon such recording the assessments shall be deemed to be levied, and the several amounts assessed shall be liens against the lots, pieces or parcels of land assessed, respectively. The lien shall be subordinate to all existing Special Assessment liens previously imposed upon the same property, but shall have priority over all Special Assessment liens which may thereafter be created against the property, and shall be paramount to all other liens except for state, county and municipal taxes. The lien shall continue until the assessment is paid or the property is sold and deeded to the purchaser or assignee as provided herein.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 105,581; 1st Para., Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

If the City of Los Angeles, at any time prior to the confirmation of any assessment and diagram provided for herein, enters into an agreement with the County of Los Angeles pursuant to Section 51800 of the Government Code for the collection and enforcement by the County of Assessments levied pursuant to this chapter, then as to those real properties which appear on the last Equalized Tax Roll of the County of Los Angeles and that have been assessed for improvements for periods designed to end on June 30th of any year, said assessments shall be so collected and enforced, and notwithstanding any other provisions of this chapter it shall be sufficient for the notice of recording to state the fact and date of such recording by the Board of Public Works and that the several assessments so recorded shall be collected by and payable to the County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to said general taxes; provided, however, that, if for any reason any of the several assessments may not be so collectible and enforceable along with general taxes against the properties, then the notice shall also state concerning those assessments the applicable requirements as to payment, delinquency and penalty as provided in Section 6.108.

Any assessment collectible by the County pursuant to such agreement which would be payable in installments if collected or enforced by the City shall also be payable to the County in like installments.

The City Engineer shall furnish to County officials each year, in accordance with the agreement, the necessary information regarding the amounts of assessments, or of installments if so payable, that are to be billed for and collected by the County during the tax-paying period.

All assessments levied under this chapter which are not collected or enforced pursuant to such contract with the County shall be subject to all other enforcement provisions of this chapter.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 116,761; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The Board of Public Works shall cause a Notice of Recording to be published by one insertion in a newspaper of general circulation, printed and published in the City of Los Angeles. Said notice shall state the fact of the recording of the assessment and diagram; the dates when the sums assessed became payable, and when they shall become delinquent; that payment of the assessments or installments thereof shall be made

to the Bureau of Engineering prior to the delinquency dates therefor; and that a penalty of 10 per cent shall be added for delinquency for each such assessment or installment which is not so paid.

At or before the dates upon which the assessments or installments become payable the Board shall cause written bills or invoices specifying the amounts and dates for payment to be mailed to the owners of assessed properties, to their agents, as known to the City Engineer.

The failure to mail any bill or invoice or the failure of any person to receive the same shall not affect the validity of any assessment, lien, penalty, sale of other proceeding provided for in this chapter.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 108,312; Ord. No. 149,941*, Eff. 8-15-77; 2nd Para., Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

When the improvement is ordered for a period of two years or more the assessments therefor shall be paid to the Bureau of Engineering in two equal installments. The first such installment shall become payable upon the date specified therefor in the Notice of Recording, and shall become delinquent if not paid in full within 60 days after said date. The second such installment shall become payable one year after the date on which the first installment may be paid and shall become delinquent if not paid in full within one year after the delinquency date for payment of the first installment. Upon delinquency 10 per cent of the amount of any installment shall be added thereto.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 129,118; Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

When the improvement is ordered for a period of less than two years each assessment therefor shall become payable to the Bureau of Engineering upon the date specified therefor in the Notice of Recording and shall become delinquent if not paid in full within 60 days after said date. Upon delinquency 10 per cent of the amount of any assessment shall be added thereto.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 105,581; Ord. No. 149,941*, Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

If a remittance to cover a payment required herein to be made prior to a certain time, to avoid a penalty or sale for delinquency, is correctly addressed and sent through the United States mail it shall be treated, for such purposes, as if it had been received on the date and time shown by the post office cancellation mark stamped upon the envelope containing the remittance. Such a payment need not be accepted so as to relieve the assessed property from penalty or sale if the remittance is received more than 30 days after the time fixed for such payment.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 105,581.

Any person, showing evidence by presentation of a duly executed and recorded deed, purchase contract, final decree of court or other legal instrument that any property assessed hereunder is divided into lots or parcels of land the extent of which varies from that of the property, lots, or parcels of land as assessed, who is not the owner of the whole of such property as assessed, may apply to the Board of Public Works to

have the assessment amended so that amounts proportioned to the benefits thereto, will be levied against each of such divided and separately owned lots or parcels of land.

The said Board shall grant the application and order the assessment and diagram to be amended accordingly; provided, however, that the entire property must still be subject to the assessment or an installment or a portion thereof, that any part of such property which has been sold for delinquency must be redeemed as provided herein, that the Board is satisfied with the evidence of the division of the property and that, in its opinion, the probability of collecting the full amount will not be impaired and the public interest will be served thereby.

The sum of the amended levies shall equal the total unpaid balance of the original assessment against property plus accrued penalties and costs thereon. The liens of the original levy shall continue as to the amended amounts and parcels, and each of such amended amounts shall be payable either in full or in installments the same as the original assessment or the sums making up the respective amended amounts.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 105,581.

Within 90 days after any assessment becomes delinquent or, if any assessment is payable in installments, within 90 days after the last installment thereof becomes delinquent, the Board of Public Works shall publish not less than two times in a daily or weekly newspaper of general circulation a notice of sale of such properties on which the assessments have not been fully paid. The notice so published shall constitute the delinquent list, and shall contain a description of each such lot or parcel of land at length or by its respective number as it appears upon the assessment and diagram, to which the notice shall refer; the name of the owner as the same appears in the property ownership records of the City Engineer if it so appears, otherwise designating the owner as unknown; the total amount of the assessment, penalties, and costs due, including the cost of advertising for each lot or parcel of land separately assessed; the place, day and hour of sale, which day shall not be less than 20 days from the date of publication of the notice; and a statement that unless the assessments, penalties and costs on any such lot or parcel of land are paid to the Bureau of Engineering prior to the time of sale such lot or parcel will be sold to the City for the said total amount due plus $7.00 for a certificate of sale.

Whenever assessments or installments for two or more improvements hereunder are delinquent and the properties assessed are to be sold therefor on the same date, the required notices of the delinquency and sale of all such properties in each of any number of such assessment districts may be published separately, or may be consolidated where practical.

At any time after such delinquency and prior to the sale any person may pay the assessment, together with the penalties and costs due thereon, including the cost of advertising if such payment is made after publication of the notice of sale.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 109,416; Ord. No. 149,299, Eff. 2-17-77; 1st Para., Ord. No. 149,941*, Eff. 8-15-77; 1st Para., Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

At the time fixed in the notice of sale, lots or parcels of land on which the total amount of the delinquent assessments, penalties and costs have not been fully paid shall by operation of law be sold by the Board of Public Works to the City of Los Angeles for such total amount due plus $50.00 for each such lot or parcel of land for a certificate of sale; and the fact of such sale shall be entered on the Assessment Roll opposite the description of each property sold. The fees and costs herein shall be adjusted, if required, in order to cover the City’s administrative costs and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.

Funds in the amount for which such properties are sold to the City shall be transferred to the special fund for the improvement; and any redemption payments received on account of sold properties may be applied to reimburse the fund from which the transfer was made.

The Board of Public Works shall issue original and duplicate certificates of sale, referring to the proceedings describing each lot or parcel of land sold, stating that the properties are sold to the City and giving the amount for which each is sold. The original certificate shall be filed with the City Engineer and shall be retained as a record of the sale.

Any such certificate may include any number of parcels of property whether contiguous to each other or not.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 108,499, Ord. No. 149,299, Eff. 2-17-77; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77; 1st Para., Ord. No. 168,733, Eff. 5-31-93; 3rd Para., Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

At any time prior to the issuance and delivery of a deed to any property sold under the provisions of this chapter, such sold lot or parcel of land may be redeemed by the payment to the Board of Public Works of the amount for which the same was sold, with an additional penalty of one per cent per month, until paid, of said amount of sale, together with such other amounts as may be payable as provided for in Section 6.116 of this chapter. Said one per cent penalties shall be added on the first day of each month following the date of sale of said property. Upon the redemption from sale of any lot or parcel of land the fact and date of such redemption shall be reported to the City Engineer and shall be entered on the original duplicate certificates of the sale.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 108,449; Ord. No. 181,595, Eff. 4-10-11.

At any time after the expiration of one year and within four years from the date of sale, the Board of Public Works shall execute to the City as purchaser and deliver to the City Engineer a deed of the property sold and not redeemed, in which shall be recited substantially the matters contained in the certificate of sale relating to such lot or parcel of land and the fact that no person has deemed the same.

At least 30 days before it executes the deed the Board of Public Works shall serve a written notice upon the owner of the property purchased, or mail such notice, postage prepaid, addressed to the owner as the owner’s name and address appear on the last Equalized Assessment Roll, if they so appear, or as known to the City Engineer, and shall serve such notice upon the party occupying the property, if the property is occupied. If the occupant of the property cannot be found after due diligence or if the property is unoccupied, a similar notice must be posted in a conspicuous place upon said property at least 30 days before the date stated therein on which the deed will be executed. The notice shall set forth a description of the property, stating that said property has been sold for a delinquent assessment, specifying the improvement for which the same was made, the amount for which the delinquent property was sold, the amount necessary to redeem at the time of giving notice and the time when the Board will execute a deed to the City.

Affidavits must be filed in the office of the Bureau of Engineering showing that such written notices, as required herein, were served upon or mailed to the owner of the property and served upon the occupant or posted and showing due diligence if the property is occupied and the occupant cannot be found. If redemption of the property is made after affidavits are filed, the person making such redemption must pay, in addition to the other amounts required, three dollars ($3.00) for the service of notice and the making of such affidavits. The Board shall not execute a deed until the written notice has been served, mailed or posted and affidavits have been filed as required herein.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by Ord. No. 108,449; 3rd Para., Ord. No. 149,941*, Eff. 8-15-77; 1st and 2nd Para., Ord. No. 181,595, Eff. 4-10-11.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The deed of the Board of Public Works shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the Grantee.

SECTION HISTORY

Based on Ord. No. 75,000.

All sums collected on account of the assessment and any amount ordered by the Council for part of the costs and expenses of the improvement shall be placed in the City Treasury in a special fund designated as the Street Lighting Maintenance Assessment Fund which shall be used:

(1) for payment of costs and expenses of maintaining, including operating, repairing and replacing, the system or systems and appliances, as defined in Section 6.96 of this chapter, for the period for which the proceeding is conducted, with any surplus to be used as provided in this chapter; and

(2) as a source of funds for appropriations to the annual budget of the Bureau of Street Lighting, and related costs. Costs and
expenses paid, which are not a part of the districts’ maintenance, shall be reimbursed from the appropriate revenues, within the year of
their expenditure.

The Council may provide in the annual budget, or at any time by appropriation or transfer, for funds to be available as needed for any improvement or for continuing the maintenance of any or all street lighting systems and appliances, in addition to the assessments made therefor.

If for any reason there shall be a deficiency in the funds derived from the assessment for any improvement under this chapter, including all incidental expenses thereof, the City Council may meet such deficiency by an appropriation out of the General Fund or by ordering a supplemental assessment in the same manner and as nearly as may be as the preceding assessment, except that protest may only be made against such supplemental assessment.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 117,944; Title and Sec., Ord. No. 169,857, Eff. 7-9-94.

If any unexpended balance, after payment for the improvement, of the sums derived from the assessments and of the City’s share of costs and expenses for any improvement remains in the special fund provided for in Section 6.118 hereof, at or after the expiration of the period specified in the Ordinance of Intention, it shall be credited to the funds to be raised for the next ensuing period of the improvements with the exception of the funds as provided for in Section 6.96 of this article. The unexpended balance of the funds set aside for defraying the cost and expenses of replacement of obsolete equipment as provided for in said Section 6.96 of this article may be carried forward to the succeeding assessment year for said purpose. Whenever the City Council, in its discretion, does not reorder the said improvement to be made, any such unexpended balance may be retained in such fund to be used by the Department of Public Works to defray the costs and expenses of securing or dismantling and storing the lighting system, or portions thereof, or in any manner to maintain the said lighting system in good repair and condition, or to insure the public safety, or in restoring the said lighting system to service at a subsequent date; provided, however, that if such unexpended balance be insufficient to cover such costs and expenses, the City Council, in its discretion and from time to time, may order that a sufficient amount to meet such costs and expenses be paid out of the City Treasury from such funds as it may designate.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 132,478.

Whenever the public interest, convenience and necessity requires the removal of any lighting system, due to the fact that such system has become obsolete and has deteriorated to the extent that the same cannot be safely and economically used for street lighting purposes, the City Council may order the removal thereof and the sale of any equipment and materials which may be salvaged therefrom. The proceeds from such sale of salvaged equipment and materials shall be credited to such lighting district fund, and any unexpended balance remaining therein, upon demands therefor made upon the City Council within six months from and after the date of such order to remove such lighting system, shall be repaid, pro rata, to the owners of the property which was last assessed to pay the costs of lighting and maintaining such lighting system. Any unexpended balance remaining in such lighting district fund and not demanded within said period of six months, as herein provided, shall be placed in such fund as the City Council may order. Provided, however, that whenever any assessments have become delinquent under the provisions of this chapter, then such pro rata portion of such unexpended balance shall be retained by the City Treasurer until such delinquent assessments are paid. Provided, further, however, that if such unexpended balance and the proceeds from such sale of salvaged equipment and material be insufficient to cover the costs of such removal, the City Council may order that a sufficient amount be paid out of the City Treasury to meet such costs from such fund as it may designate.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 87,331.

At any time after the confirmation of the assessment the City Council may let the contract or contracts for such improvement. Every such contract shall be let to the lowest bidder, after notice published by two insertions in a daily or weekly newspaper published and circulated in the City of Los Angeles. Every bid shall be accompanied by a certified check amounting to ten per cent of the bid, payable to the order of the City and the same shall be forfeited to the City in case the bidder depositing the same does not within fifteen days after the notice that the contract has been awarded to the bidder, enter into a contract with the City for the work, the faithful performance of which shall be secured by an undertaking in such sums as the City Council shall require, with sureties satisfactory to said Council. The contract must provide that the improvement shall comply and the improvement must comply strictly with the plans and specifications contained in the report provided for in this chapter.

Performance of any contract hereunder shall be under the supervision of the Board of Public Works and no work, material or supplies shall be paid for until it has been accepted by said Board.

If the contractor abandons the improvement, or fails to proceed with the same as rapidly or in the manner as required by the contractor’s contract, the City Council may re-let the work in the same manner as in the case of the first letting thereof, and retain the amount of the cost of the same and of any expense incidental to the re-letting out of any funds due or to become due to the original contractor, and also hold the contractor and the contractor’s sureties responsible for such cost and expense, and for any damages resulting from such abandonment or failure upon the contractor’s bond; provided, however, that the City Council in its discretion, at any time within ten days after the award of any contract as above provided, or at any time within ten days after the time fixed for the opening of bids, if no bids have been received, order by resolution adopted by a vote of two-thirds of all its members, that the said proposed contract be not made, and that the municipality itself execute the work embraced therein, in accordance with the plans and specifications adopted for such work, and employ the labor, and provide the material, appliances, supplies and/or electric current necessary therefor, and the cost and expenses of such work shall be paid out of the aforesaid funds; and provided further, that the amount appropriated and used from said funds for said purpose shall not exceed the amount of the bid upon which the award of contract aforesaid was made, or, if no bids have been received and the work is to be executed by the City itself, as herein provided, such cost and expense shall not exceed the amount of the estimate thereof provided for in Section 6.98 of this chapter, and if such cost and expense shall exceed the amount of said bid, or of said estimate in case no bids are received, then such excess shall be met out of any moneys in the General Fund in the City Treasury; or by supplemental assessment as provided for in Section 6.18 hereof; and provided, further, that at any time after the funds for the proposed improvement, or any part thereof, shall be in the hands of the City Treasurer, the City Council, in its discretion may, without calling for bids, order by resolution adopted by a vote of two-thirds of all its members, that the municipality itself perform the work of such improvements, or the respective parts thereof, in accordance with the specifications and plans adopted for such work, and employ the labor, and provide the material, appliances, supplies and/or electric current necessary therefor; in which case the cost and expense of such work shall be paid out of the aforesaid funds and if such costs and expense shall exceed the amount of such estimates, then such excess shall be met out of any moneys in the General Fund of said Treasury or by supplemental assessment as provided for in Section 6.118 thereof.

In lieu of any other procedure provided herein the Council may direct, in the Ordinance of Intention or the ordinance ordering the improvement to be made, that the Board of Public Works shall furnish or contract for such improvement or any part thereof.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 78,089 except Para. 4; Ord. No. 132,478; 1st Para., Ord. No. 181,595, Eff. 4-10-11.

Where the Board of Public Works is directed to furnish such improvement or any part thereof as authorized by Section 6.121 said Board may thereafter issue to the Board of Water and Power Commissioners an interdepartmental purchase order for such improvement or improvements so ordered, or such portions thereof, as may be obtained from the Department of Water and Power upon such terms as may be agreed upon by the said Boards and approved by the Council, or in accordance with terms, conditions and rates duly prescribed in an ordinance of the City fixing rates for such service. Every such interdepartmental purchase order shall state the date on which each improvement shall be started and it shall continue in force thereafter for the period specified in the Ordinance of Intention; provided, however, that any such interdepartmental purchase order may run to the end of the next fiscal year and be renewed at that time for the balance of the period upon the same rates, terms and conditions as the original.

If the improvement so ordered, or any portion thereof, cannot be obtained from the Department of Water and Power and is available from any public utility, then in that event the Board of Public Works may purchase, by purchase order, such improvement or any portion thereof from such public utility in accordance with terms, conditions and rates prescribed and approved for such service by the California Public Utilities Commission.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 132,478.

Whenever the City Council has acquired jurisdiction to order two or more improvements, as provided for herein, it may, instead of adopting

a separate ordinance ordering the work to be done for each proceeding, including any number of proceedings in one ordinance directing such work to be done; provided, however, that such ordinance shall include a reference to each Ordinance of Intention, its number, and the name of each such district as designated in the respective Ordinance of Intention.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 86,792.

Notwithstanding the validity of any penalty of 10 per cent of the amount payable and delinquent on any assessment or installment, heretofore or hereafter added thereto for delinquency as provided in this chapter, the City Engineer of the City shall have authority prior to sale of the property for delinquency and upon the payment of the balance due and payable on the assessment or installment without such penalty, to waive the payment of and to cancel such penalty under the following conditions:

The said City Engineer shall be reasonably satisfied from investigation of the facts that error or delay in the work of City employees in connection with the computation, entering, posting or copying the records or accounts, or the preparation or mailing of bills or invoices was direct and principal cause for failure of the property owner or agent to receive the property owner’s or agent’s correct bill or invoice in reasonable time and that if such bill or invoice had been so received the owner or agent would have paid the necessary amounts before delinquency.

Whenever a penalty is waived and cancelled as herein authorized a statement thereof and of circumstances warranting the same shall be kept in the office of the Bureau of Engineering, and the fact of cancellation, with a reference to the statement, shall be marked on the records of the assessment or of the bill or invoice for payment for the delinquency of which the penalty was added.

After the thirtieth of June each year the said City Engineer shall certify to the Board of Public Works the total number and amount of such waived and cancelled penalties during the fiscal year ending on that date; that each waiver and cancellation has been investigated and is authorized by this section; and, particularly, the option that the penalty in each case was added for a delinquency which resulted directly and principally from error or delay in the work of City employee.

SECTION HISTORY

Based on Ord. No. 75,000. Amended by: Ord. No. 108,312; Ord. No. 149,941,* Eff. 8-15-77.

• See note following § 6.38 of this Division regarding Ord. No. 149,941.

The City Council hereby declares that it is its intention in adopting this procedural chapter to exercise and make use of the power and authority granted and conferred upon it by the City Charter and declare that this procedure shall be additional or alternative to any procedure established by State law. The election of the City Council to proceed under the provisions of this chapter shall be expressed in the Ordinance of Intention of the improvement to be made.

SECTION HISTORY

Based on Ord. No. 75,000.

The provision of this article shall be liberally construed to promote the objects thereof.

SECTION HISTORY

Based on Ord. No. 75,000.

Except in the description in the Ordinance of Intention and in the Notices of Improvement, the District and which is to be assessed to pay for

the costs of such work or improvement may be described generally by a designation or designations adopted in the report of the Board of Public Works, which designation shall thereafter be approved in the Ordinance of Intention.

SECTION HISTORY

Based on Ord. No. 75,000.