Los Angeles Municipal Code Art. 3 Sidewalk and Street Tree Maintenance Procedure

Section 6.297 Maintenance Work Authorized. 6.298 Ordinance of Intention. 6.299 Preliminary Report. 6.300 Council Action on Report. 6.301 Public Land – Assessment. 6.302 Ordinance of Intention – Contents – Publication. 6.303 Notice of Hearing – Publication. 6.304 Notice of Hearing – Mailing. 6.305 Notice of Hearing – Posting. 6.306 Protests – Filing. 6.307 Hearing of Protest – Decision Final. 6.308 Majority Protest – Proceedings Abandoned. 6.309 Final Ordinance. 6.310 Assessments Levied – Recordation – Lien. 6.311 Annual Report on Maintenance Costs. 6.312 Notice of Hearing on Report – Publication. 6.313 Hearing of Protests – Decision Final. 6.314 Notice of Recording Assessments. 6.315 Legal Action to Contest Assessment.

6.316 Collection of Assessment by County Tax Collector. 6.317 Bills for Assessment – Mailing. 6.318 Payment of Cash Assessment. 6.319 Delinquent List – Notice of Sale. 6.320 Sale of Delinquent Property – Funds – Certificates of Sale. 6.321 Exemption of Sold Property. 6.322 Deed to Unredeemed Property – Affidavit of Notice. 6.323 Special Fund – Use. 6.324 Special Fund – Surplus. 6.324.1 Abandoned or Discontinued Districts – Refund of Unexpended Funds. 6.325 Performance of Work – Contracts. 6.326 Alternate Procedures. 6.327 Title.

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 the power and authority to order the maintenance of sidewalks, median islands, paved portions of the traveled roadway, landscaping, trees, ornamental lights and miscellaneous public appurtenances in public streets in said City by the cleaning of the sidewalks, the trimming of the trees, the emptying of trash receptacles, the cleaning of tree wells, and the doing of all work appurtenant thereto; to determine and declare the District to be benefited by said maintenance work; and, to assess the cost and expenses of said maintenance work, including all expenses incurred incidentally thereto, upon the lots or parcels of real property in proportion to the estimated benefits to be received.

“Public Streets” as used herein additionally include areas adjoining dedicated public street areas and which, though not subject to public street easement, are open to public use, have the appearance of being a public street, and are used by the public in the same manner as the adjacent public street.

As used in this article, the maintenance of “sidewalk” applies to landscaped slopes, pedestrian bridge between buildings, pedestrian benches, planters and the watering of trees and plants in the public street or dedicated right of way.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: Second unnumbered para. added by Ord. No. 153,309, Eff. 2-14-80; In Entirety, Ord. No. 161,187, Eff. 6-9-86; In Entirety, Ord. No. 170,248, Eff. 2-19-95.

Before ordering the said maintenance work, the City Council shall adopt an ordinance declaring intention so to do and containing the matters hereinafter required.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

Prior to adding such Ordinance of Intention, the City Council shall order the Board of Public Works to make and file with the City Clerk a report in writing presenting the following:

(a) Plans and specifications of the proposed maintenance work, and an estimate of the cost and expenses of said work for the first

year during which the proposed work will be done.

(b) A diagram showing the boundaries of the proposed Assessment District and each lot or parcel of land within said District

proposed to be assessed.

(c) The proposed assessment on each lot or parcel within said District to be assessed in proportion to the estimated benefit to be

received.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

Amended by: In Entirety, Ord. No. 161,187, Eff. 6-9-86.

Upon the filing of said report, the City Clerk shall present the same to the City Council for its consideration, and the Council may approve, correct or modify the same in any respect, and shall fix a time and place when and where protests relative to the proposed work, District and report will be heard by the Council. In case of such correction or modification, the report as corrected or modified shall be the report for all subsequent proceedings.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

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 agency or mandatory of the government, whether Federal State, County or municipal, and being used in the performance of any governmental function, shall be included within the District to be assessed to pay the cost and expenses of the proposed maintenance, the Council may in the Ordinance of Intention, declare that said lots or parcels of land shall be omitted from the assessments thereafter to be levied, in which event the total amount to be assessed shall be assessed upon the remaining lots or parcels lying within the District.

In the event that there is no such declaration in the Ordinance of Intention, the City shall be liable for such sums as may be assessed against those lots or parcels, which sums shall be payable by the City out of the General Fund or other fund designated therefor, unless paid by the public entity owning or controlling such lots or parcels of land.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

When said report has been approved, or approved as modified or corrected, immediately thereupon the City Council may adopt an Ordinance of Intention. Such ordinance, in addition to all other matters it is herein required to contain, shall briefly describe the location of the sidewalks and trees proposed to be maintained; shall declare the City Council’s intention of assessing the cost and expenses of the work of maintenance upon the lots and parcels of real property lying within the boundaries of the District to be benefited by the work; shall describe the District by metes and bounds or by referring to a diagram on file in the office of the City Clerk, and shall refer to plans and specifications on file in the office of the City Engineer; shall state the estimated cost of the maintenance for the first year during which the proposed work is to be done and the fact that the proposed assessments on the separate lots or parcels in the District will be assessed in proportion to estimated benefits to be received; shall state that assessments for the maintenance may be made annually after notice and hearing; and shall contain a notice of the time and place when and where the City Council will hold a public hearing on the proposed work and assessment, and also that any owner of real property liable to be assessed therefor may, at any time prior to the day set for the hearing, file a written protest stating the owner’s objections to the proposed work and assessment. Said ordinance shall be published by one insertion in a daily newspaper published and circulated in the City of Los Angeles.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: In Entirety, Ord. No. 161,187, Eff. 6-9-86.

After the adoption of the Ordinance of Intention, the Board of Public Works shall cause a notice titled “ Notice of Sidewalk and Tree 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 adoption of such ordinance, the nature and location of the proposed work, the estimated cost of the work, that an assessment is proposed to be levied therefor, and the time and place where protests against the proposed work or assessment will be heard by the City Council. It shall refer to the Ordinance of Intention for further particulars, and shall also state that maintenance for succeeding years may be ordered after hearings by the Council of protests relating thereto. The publication of notice shall be completed at least ten days prior to the time set for the hearing of protests.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

The City Engineer shall mail notices after the adoption of the ordinance stating substantially the same facts stated in the published notices. The notices shall be addressed to the owners of real property within the Assessment District whose names and addresses appear upon the real property ownership records of the City Engineer’s office. Such notices shall be mailed at least fifteen days prior to the date fixed for the hearing.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-12. Amended by: Ord. No. 181,595, Eff. 4-10-11.

The Board of Public Works shall cause to be conspicuously posted at not more than three hundred feet apart along the line of the proposed maintenance work notices of the adoption of the Ordinance of Intention. Said notices shall be headed, “Notice of Sidewalk and Tree Maintenance”, in letters not less than one inch in length and shall state substantially the same facts stated in the published notices. The posting must be completed at least ten days prior to the day set for the hearing of protests.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

At any time prior to the day set for, hearing protests, any owner of real property liable to be assessed may make written protest against the proposed work or assessment Such protest must contain a description of the real property in which the signer is interested and be delivered to the City Clerk, and no other protests shall be considered. The Clerk shall endorse on every such protest the date it was received by the Clerk and shall present a copy thereof to each member of the City Council prior to the commencement of the hearing.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

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 final and conclusive. At such hearing, the Council may confirm amend, alter, modify or correct the assessment or diagram in such manner as to it shall seem just.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

If the City Council finds that the protests against the proposed work is made by the owners of more than one half of the area of the property to be assessed for the sidewalks proposed to be maintained in the District, the proceedings initiated for the maintenance work shall be forthwith ordered abandoned, and no further proceedings for the same work shall be taken for one year from the date of said order excepting where proceedings are thereafter initiated to maintain a portion of the sidewalk originally proposed to be maintained, unless such majority protest is overruled by a four-fifths vote of the members of the Council.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72 Amended by: In Entirety, Ord. No. 161,187, Eff. 6-9-86.

After the City Council has confirmed the assessment it shall order by ordinance the work of maintenance as proposed or changed.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

Upon confirmation of the assessment, the City Clerk shall transmit the diagram and assessment to the Board of Public Works which shall record said assessment and diagram in a suitable book to be kept in the Bureau of Engineering for that purpose. Immediately upon such recording the assessments shall be deemed to be levied, and the several amounts assessed shall be liens against the lots or parcels of land assessed. 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

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: 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 thereafter in each year estimate the cost of the maintenance work to be assessed for the ensuing year, and shall file a report with the City Clerk which shall include, among other things, the total estimated costs of maintenance and the proposed assessments on the separate lots and parcels in the District for the ensuing year. Said report filed by the Board of Public Works may include any additions and deletions of work which the City Council may deem necessary, and orders and proposed to confirm the assessments for the ensuing year. The City Council may adopt the report as filed, or may correct or modify said report, and shall fix the time and place for the hearing on the confirmation of the proposed assessments. If the City Council adopts a report which includes the addition of work which would increase the assessment by 20% or more for the ensuing year, or if the City Council modifies a report to include the addition of work which would increase the assessment by 20% or more for the ensuing year, notice of the hearing on the confirmation of the proposed assessments shall be given in the manner provided for in Sections 6.303, 6.304 and 6.305 of the Los Angeles Administrative Code, in addition to the notice of hearing on report required by Section 6.312 of the Los Angeles Administrative Code.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: In Entirety, Ord. No. 161,187, Eff. 6-9-86.

The City Clerk shall cause to be published once in a newspaper published and circulated in the City of Los Angeles notice of said proposed hearing. Said notice shall be published at least ten days prior to the hearing and shall refer to the report of the Board of Public Works filed with the City Clerk relative to the maintenance work proposed for the ensuing year, and shall give notice of time and place when protests against the proposed assessments will be heard and that any owner of real property in the district who has made written protest in the manner required elsewhere in this ordinance may appear at the hearing to state the owner’s objections to the proposed assessment on the owner’s property.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

At the time set for hearing protests or at any time to which said 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 may confirm, amend, alter, modify or correct the assessment or diagram in such manner as to it shall seem just.

SECTION HISTORY

Added by Ord. 143,220, Eff. 5-25-72.

The Board of Public Works shall cause a Notice of Recording of the assessment for each year 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 become payable and when they shall become delinquent; that payments of the assessments be made to the Bureau of Engineering unless the County of Los Angeles shall collect the assessments pursuant to agreement with the City; and that a penalty of ten per cent shall be added for delinquent for each assessment not so paid.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: Ord. No. 149,941*, Eff. 8-15-77.

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

The validity of any assessment levied under the provision this ordinance shall not be contested in any action unless the same is commenced within thirty days after the recording of the Notice of Assessment, and any appeal from a final judgment in each action must be perfected within thirty days after the entry of such judgment.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

If the City of Los Angeles 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 ordinance as an alternative to the collection and enforcement of assessments as provided by Section 6.317 et seq. then as to those real properties which appear on the last equalized tax roll of the County and that have been assessed for maintenance for periods designed to end on June 30 of any year said assessments shall be so collected and enforced. The Notice of Recording of the assessment and diagram published by the, Board of Public Works shall state the fact of such recording and that the several assessments so recorded shall be collected by and be payable to the County Tax Collector along with the general taxes levied for city and county purpose and shall be subject to the same penalties and enforcement provisions relating to 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, then the notice shall state the requirements as to payment, delinquency and penalty as provided in this procedural ordinance.

The Board of Public Works shall furnish to the County Tax Collector each year in accordance with the agreement, the necessary information regarding the amounts of assessments that are to be billed for and collected by the county for the tax-paying period.

All assessments levied for the maintenance of sidewalks and trees under this procedural ordinance which are not collected or enforced pursuant to such contract with the county shall be subject to the collection and enforcement provisions of this ordinance.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

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

The failure to mail any bill or the failure of an owner of assessed property or the owner’s agent to receive the same shall not affect the validity of any assessment, lien, penalty, or sale of the property to foreclose the lien of the assessment, or other proceeding provided for in this ordinance.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 6-25-72. Amended by: 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.

The assessment upon the separate lots and parcels shall become payable upon the date specified therefor in the published Notice of Recording of the assessment and diagram, and shall become delinquent if not paid in fun within six days after said date. Upon delinquency, ten per cent of the amount of any assessment shall be added thereto.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

Within ninety days after any assessment 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 paid. The notice so published shall constitute the delinquent list. It shall contain a description of each such lot or parcel sufficient to identify the same; the name of the owner as it appears on the property ownership records of the City Engineer, or designating the owner as unknown if it so appears; the total amount of the assessment, penalties and costs due, including the cost of advertising for each lot or parcel separately assessed; the place, day and hour of sale, which day shall not be less than fifteen days from the date of first 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 such lot or parcel win be sold to the City for said total amount due plus $7.00 for a certificate of sale.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: Ord. No. 149,299, Eff. 2-17-77; 1st Part, Ord. No. 149,941*, Eff. 8-15-77; 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, the 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 a certificate of sale for each lot or parcel of land sold; 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 was 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

Added by Ord. No. 143,220. Eff. 5-25-72.

Amended by: Ord. No. 149,299, Eff. 2-17-77; 1st Para., Ord. No. 152,776, Eff. 9-21-79; 1st Para., Ord. No. 168,733, Eff. 5-31-93; 3rd Para., Ord. No. 181,595, Eff. 4-10-11.

At any time prior to the issuance and delivery of a deed to any property sold under the provisions of this ordinance, 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 percent per month, until paid, of said amount of sale together with such other amounts as may be payable as provided for in this ordinance. Said one percent shall be added on the first day of each month following the date of sale of said property. Upon 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 and duplicate certificates of sale.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: 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 redeemed the same.

At least 30 days before it executes the deed the Board 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, or as known to the City Engineer, and shall serve such notice upon the party occupying the property. If the occupant 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 thirty days before the date stated there 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, and the time when the Board will execute a deed to the City if not redeemed.

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 is made after affidavits are filed, the person making such redemption must pay in addition to the other amount required the sum of five dollars for the service of notice. The Board shall not execute a deed until the written notice has been served, mailed or posted and affidavits filed as required herein.

The deed shall be prima facie evidence of the truth of all matters recited herein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 6-26-72. Amended by: 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.

All sums collected on account of the assessment and any amount ordered by the Council to be paid by the City for part of the cost and expenses of the improvement shall be placed in the City Treasury in a special fund designated as the Sidewalk and Tree Maintenance Assessment Fund and shall be used, first, for payment of the costs and expenses of maintenance of sidewalks and trees for the period for which the proceeding is conducted and thereafter to reimburse or to restore sums advanced therefor as provided herein.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

Contracts for the performance of the work of maintenance shall either be let to the lowest responsible bidder or to the most qualified proposer as determined by an evaluated Request for Proposal (RFP) process. The determination as to whether an RFP or bid process shall be used in the selection shall be made upon recommendation by the City Engineer to the Board of Public Works and adopted by the City Council. The Board of Public Works shall advertise for two or more days in a newspaper of general circulation published in the City of Los Angeles, inviting either bids or proposals for furnishing labor, material and/or supplies before any contract is let for the requested services. The Board may require such bonds as it may deem adequate from the successful bidder or proposer to secure the faithful performance of the contract and the payment of all claims for labor and materials, and may reject any and all bids or proposals.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72. Amended by: Ord. No. 170,248, Eff. 2-19-95.

The procedure set forth herein 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 ordinance shall be expressed in the ordinance of intention of the district to be maintained.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

This procedural ordinance may be titled the “Sidewalk and Tree Maintenance Ordinance of 1972”.

SECTION HISTORY

Added by Ord. No. 143,220, Eff. 5-25-72.

CHAPTER 7

MAINTENANCE DISTRICTS

Article 1 Sewer Pumping Maintenance District Procedures 2 Drainage Facilities Maintenance District Procedures