Los Angeles Municipal Code Div. 7 Abatement of Vacant Buildings

(Division Added by Ord. No. 172,782, Eff. 9/30/99.)

Section 98.0701 Declaration of Purpose. 98.0702 Definitions. 98.0703 Enforcement Authority. 98.0704 Enforcement Remedies. 98.0705 Strict Liability Offenses. 98.0706 Duty to Clean, Fence and Barricade. 98.0707 Administrative Abatement Procedures for Vacant and Unsecured Structures. 98.0708 Standards for Fencing and Barricading a Vacant Structure. 98.0709 Entry or Interference with Notice Prohibited. 98.0710 Continuous Abatement Authority. 98.0711 Abatement Cost.

98.0712 Continuous Public Nuisances. 98.0713 Duty to File a Statement of Intent. 98.0714 Posting Name of Responsible Person. 98.0715 Reinspection Fee. 98.0716 Vacant Structure Penalty. 98.0717 Procedures for Barricaded and Vacant Structure Penalty. 98.0718 Appeal of Barricaded and Vacant Structure Penalty. 98.0719 Administrative Enforcement Hearing. 98.0720 Failure to Pay Penalties. 98.0721 Allocation of Vacant Building Penalty.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

The Council of the City of Los Angeles finds and declares that:

(a) Structures that are vacant and unsecured or barricaded attract vagrants, gang members and other criminals as prime locations to conduct illegal criminal activities.

(b) Structures that are vacant and not properly secured are extremely vulnerable to being set on fire by unauthorized persons.

(c) Structures that are vacant and unsecured or barricaded are a blight and cause deterioration and instability in neighborhoods.

(d) Structures that are vacant and unsecured or barricaded pose serious threats to the public’s health and safety and therefore are declared to be public nuisances.

(e) Immediate abatement and rehabilitation of these structures is necessary and can be accomplished by using the judicial or administrative procedures found in this Code.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

The following words and phrases, whenever used in this division, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in Sections 12.03 and 91.201, et seq. of this Code.

“Responsible Person” means the owner and/or person in charge or control of the Vacant Structure.

“Superintendent” means the General Manager of the Department of Building and Safety or the General Manager’s duly authorized representative.

“Statement of Intent” means a form filled out by the responsible person of a Vacant Structure which contains specific information regarding the structure and the owner’s plan for its rehabilitation and maintenance, or demolition.

“Vacant Structure” means any structure or building that:

(1) is unoccupied or occupied by unauthorized persons; and

(2) is unsecured or barricaded.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Superintendent is authorized to administer and enforce the provisions of this division. The Superintendent of Building or anyone designated by the Superintendent may exercise any enforcement powers as provided in Chapter IX of the LAMC.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

Violations of this division may be prosecuted as misdemeanors subject to the fines and custody provided in LAMC Section 11.00(m). The Superintendent of Building may also seek injunctive relief and civil penalties in the Superior Court pursuant to LAMC Section 98.0716 or pursue any administrative remedy provided in Chapter IX of the LAMC.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

Violations of this division shall be treated as strict liability offenses regardless of intent.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

(a) It is unlawful for the Responsible Person to fail to remove any waste, rubbish, debris, flammable, combustible, or hazardous materials from the interior of the Vacant Structure.

(b) It is unlawful for the Responsible Person to fail to remove any waste, rubbish, debris, excessive vegetation, inoperable vehicles, trailers, appliances, and any other similar materials from the yards surrounding the Vacant Structure.

(c) It is unlawful for the Responsible Person to fail to lock, barricade or secure all doors, windows, damaged walls, roofs, foundations and other openings of the Vacant Structure.

(d) It is unlawful for the Responsible Person to fail to fence the entire lot containing the Vacant Structure.

(e) It is unlawful for the Responsible Person to fail to post the property containing the Vacant Structure with signs stating "THIS PROPERTY CLOSED TO THE PUBLIC" in accordance with LAMC Section 41.24. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(f) It is unlawful for the Responsible Person to fail to file a written trespass authorization request with the police department pursuant to LAMC Section 41.24(g) to authorize a peace officer's assistance in removing trespassers from the property containing the Vacant Structure. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) Whenever the Superintendent of Building determines that a vacant and unsecured structure exists within the City, an abatement notice and order may be sent to the Responsible Person directing abatement by cleaning, fencing and securing or barricading. Barricading and fencing shall be done pursuant to the standards established in LAMC Subsection 91.8904.1.

(b) The Superintendent of Building shall follow the administrative abatement procedures set forth in Division 89, Article 1, Chapter IX of the LAMC.

(c) If the Responsible Person does not comply with the abatement notice and order, and no appeal is filed, the Superintendent of Building may:

(1) clean, remove graffiti, fence, and barricade the unsecured Vacant Structure;

(2) post the property containing the Vacant Structure pursuant to LAMC Section 98.0714; and

(3) recover all costs pursuant to the procedures set forth in Division 89, Article 1, Chapter IX of the LAMC.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Responsible Person shall barricade the Vacant Structure according to the following specifications and requirements:

(a) Remove all waste, rubbish, debris, flammable, combustible, or hazardous materials from the interior of the structure; and

(b) Remove all waste, rubbish, debris, excessive vegetation, inoperable vehicles, trailers, appliances, and any other similar materials from the yards surrounding the Vacant Structure; and

(c) Barricade all unsecured doorways, windows, damaged walls, roofs, foundations or exterior openings in accordance with the requirements of Division 89, Article 1, Chapter IX of the LAMC; and

(d) Fence the entire lot surrounding the Vacant Structure in accordance with the requirements of Division 89, Article 1, Chapter IX of the LAMC; and

(e) Post the property containing the Vacant Structure with signs stating that the property is closed to the general public in accordance with the requirements of LAMC Section 41.24.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) It is unlawful for any person to enter or occupy any structure or premises that has been posted pursuant to LAMC Subdivision 91.8903.1.5, Subsection 91.8904.1, or Section 98.0708(e), except to repair or demolish the structure under proper permit or for a purpose authorized by the owner.

(b) It is unlawful for any person to remove or deface any notice posted pursuant to LAMC Subdivision 91.8903.1.5, Subsection 91.8904.1, Section 98.0708(e) or Section 98.0714.

(Amended by Ord. No. 188,197, Eff. 4/11/24.)

(a) If a Vacant Structure, previously abated by the Responsible Person or the Superintendent of Building pursuant to a notice and order, again becomes unsecured and open to unauthorized entry, the Superintendent of Building may proceed to abate the nuisance, including securing the vacant structure and/or premises by means of outside security personnel, and recover costs pursuant to Division 89, Article 1, Chapter IX of the LAMC.

(b) If a yard surrounding a Vacant Structure, previously abated by the Responsible Person or the Superintendent of Building pursuant to a notice and order, again contains graffiti, waste, rubbish, debris, excessive vegetation, inoperable vehicles, trailers, appliances, and any other similar materials, the Superintendent of Building may proceed to abate the nuisance, including securing the vacant structure and/or premises by means of outside security personnel, and recover costs pursuant to Division 89, Article 1, Chapter IX of the LAMC.

(c) Outside security personnel may be provided immediately at any building, structure, premises, or portion thereof falling within the scope of LAMC Section 91.8905.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) Abatement costs shall include the cost to perform the actual work and the City’s cost to administer any abatement.

(b) Once the abatement is complete, the Superintendent of Building shall recover all abatement costs pursuant to the procedure found in Division 89, Article 1, Chapter IX of the LAMC.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

Any Vacant Structure that was originally secured by the Responsible Person's voluntary actions or pursuant to administrative or judicial order may be declared a permanent public nuisance by the Superintendent if the structure subsequently becomes open and unsecured, thereby requiring additional reinspection and resecuring of the structure by either the Responsible Person or the Superintendent. The Superintendent of Building may seek demolition of this continuous public nuisance by seeking a court order or by following any of the administrative abatement procedures set forth in Division 89, Article 1, Chapter IX of the LAMC.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

(a) The Superintendent shall create and make available a form entitled “Statement of Intent” to be completed by the Responsible Person.

(b) The Responsible Person shall complete the information required on the standard Statement of Intent and submit the Statement to the City within 30 days of the date the Superintendent determines that the structure meets the definition of a Vacant Structure.

(c) The Superintendent shall determine whether a submitted Statement of Intent is complete and may require the Responsible Person to provide more complete information.

(d) When a submitted Statement of Intent does not meet with the Superintendent’s approval, the Responsible Person shall immediately correct and resubmit the Statement of Intent.

(e) The Statement of Intent shall include all of the following information as to:

(1) expected period of vacancy; and

(2) a plan for regular maintenance during the period of vacancy; and

(3) a plan and time line for the lawful occupancy, rehabilitation or demolition of the barricaded structure; and

(4) any additional information required by the Superintendent.

(f) It is unlawful to:

(1) fail to submit a Statement of Intent within the time period specified by Subsection (b) of this section; or

(2) submit a Statement of Intent which does not meet with the approval of the Superintendent or otherwise comply with the requirements of this section.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

The Responsible Person shall permanently affix, in a conspicuous place on the Vacant Structure, a notice stating the name, address, and telephone number of both the owner and the owner’s agent in charge or control of the Vacant Structure. If the Responsible Person fails to affix this notice on the Vacant Structure within 30 days of the date the Superintendent determines that the structure meets the definition of a Vacant Structure, then the Department may cause the same to be permanently affixed to the Vacant Structure, using the name, address and telephone number for the owner(s) as shown on a title report obtained from either the Division of Real Estate, Bureau of Engineering, Department of Public Works, City of Los Angeles or by contracting with one or more private title reporting agencies. Said title report shall list all persons shown on the records of the County Recorder as having an ownership interest or liens or encumbrances or other interests in the real property on which the Vacant Structure is located.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Superintendent may periodically reinspect Vacant Structures to ensure compliance with the provisions of this division and all applicable court and administrative orders. The Superintendent may impose a reinspection fee against the Responsible Person for actual costs of each reinspection and continuous monitoring of the structure and premises as is reasonably necessary to determine compliance with the standards and procedures in this division. The Superintendent of Building shall follow the procedures set forth in LAMC Subsection 91.8904.3, Section 98.0411 or Section 98.0412.

(Amended by Ord. No. 181,185, Eff. 7/8/10.)

(a) Any Responsible Person in charge of a structure which meets the definition of a Vacant Structure as provided in this division for 30 consecutive calendar days may be liable for an administrative penalty in the amount of $1000 per structure per day, not to exceed $100,000 per property per calendar year unless:

(1) a Statement of Intent has been filed and approved by the Superintendent; and

(2) the building has been posted as required by LAMC Section 98.0714; and (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(3) one of the following applies:

(A) The structure is the subject of an active building permit for repair, rehabilitation or demolition and the owner is proceeding diligently in good faith to complete the repair, rehabilitation or demolition; or,

(B) The structure is maintained in compliance with this division and is actively being offered for sale, lease or rent; or,

(C) The Responsible Person can demonstrate that they made a diligent and good faith effort to implement the actions set forth in the approved Statement of Intent within the time line contained within the Statement of Intent.

(b) If the structure continues to meet the definition of Vacant Structure as provided in this division beyond the initial 30 calendar days, and if the Responsible Person does not meet any of the exceptions set forth in this section, the Superintendent of Building may impose a penalty of $1,000 per structure for each calendar day the structure continues to constitute a Vacant Structure, subject to the limitations set forth in LAMC Section 164.09 pursuant to the notice requirements in this division. At no time may the amount of the administrative penalty exceed $100,000 per property in a calendar year. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) Whenever the Superintendent of Building determines that a structure meets the definition of a Vacant Structure as provided in this division for more than 30 consecutive calendar days, and the Responsible Person does not meet any of the exceptions set forth in LAMC Section 98.0716(a), a 30-day Notice of Barricaded and Vacant Structure Penalty may be issued to the Responsible Person, and any other person listed in the title report as having an interest in the real property. The Notice of Barricaded and Vacant Structure Penalty shall include a description of the conditions that gave rise to the penalty and notice of the City's intent to assess an administrative penalty pursuant to LAMC Section 98.0716 if action to correct the violation is not commenced within a period of not less than 14 days from the date the Notice is mailed, and completed within a period of not less than 30 days from the date the Notice is Mailed.

(b) A separate 30-day Notice of Barricaded and Vacant Structure Penalty shall be issued for each subsequent penalty that may be imposed pursuant to LAMC Section 98.0716.

(c) The Notice of Barricaded and Vacant Structure Penalty shall be served on each required person by any one of the methods of service listed in LAMC Subdivision 91.8903.3.4.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

An appeal of a Barricaded and Vacant Structure Penalty shall follow the procedures set forth in LAMC Section 98.0411.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) The appeal hearing shall follow the enforcement hearing procedures set forth in LAMC Section 98.0403.2(b).

(b) The Board shall only consider evidence that is relevant to the following issues:

(1) whether the structure meets the definition of Vacant Structure as provided in this division for 90 consecutive calendar days;

(2) whether an approved Statement of Intent has been filed and approved by the Superintendent; and

(3) whether any of the exceptions set forth in LAMC Section 98.0716(a)(3)(A) through (C) have been met.

(c) The Board may impose administrative costs.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The failure of any person to pay the penalty within the time specified in the Notice of Barricaded and Vacant Structure Penalty may result in the Superintendent of Building using any legal means to recover the civil penalties, including filing a claim with the Small Claims Court or following the procedures set forth in LAMC Section 91.8906.

(Added by Ord. No. 172,782, Eff. 9/30/99.)

Administrative civil penalties collected pursuant to this division shall be deposited in the appropriate fund as determined by the Superintendent.