Los Angeles Municipal Code § 22.326 Board of Public Works Authority to Adjust and Refund Lot Cleaning Charges…

A. The Board of Public Works shall have authority to adjust and authorize refunds for weed abatement and brush clearing assessments upon written claim filed with the City Clerk without first having received the approval of the City Council, if such refund or adjustment does not exceed the sum of $5,000.00 and if the Board is satisfied upon such proof as may be presented to or required by them that the following conditions exist:

1. That the claim for refund or adjustment was filed with the City Clerk on or before November 1st after the assessment became

due and payable.

2. That the claim is made by the person who paid the assessment, or the person’s guardian, executor or administrator.

3. That the assessment was erroneously levied.

B. In determining whether the assessment was erroneously levied, the Board of Public Works shall take into account the following factors:

1. That work was not performed upon the lot against which the assessment was levied.

2. That no notice was given with regard to the existence of a public nuisance on the lot requiring removal of weeds, brush or
rubbish.

3. That charges for the work performed by the City were incorrect.

4. That the property owner, within a reasonable time before work was performed by the City, removed weeds, brush and rubbish
from the lot assessed and secured a release from the appropriate City official.

5. That the work performed by the City was in excess of that required by notice given pursuant to Sections 57.322.1 and
57.322.2.4.3.2 of the Los Angeles Municipal Code.

C. That the Board of Public Works shall cause a detailed report to be made as to any refund or adjustment of assessment, showing the name and address of the person to receive such adjustment or refund, the amount thereof, and the reasons why said refund or adjustment is made. Such report shall be adopted by the Board of Public Works and transmitted to the County of Los Angeles.

SECTION HISTORY

Added by Ord. No. 147,595, Eff. 9-13-75. Amended by: Formerly Sec. 22.325, renumbered by Ord. No. 155,308, Eff. 7-10-81; Subsec. A, Ord. No. 171,025, Eff. 5-23-96.

The powers, duties and functions of the Land Records Division of the City Clerk’s Office, are hereby transferred to the Bureau of Engineering of the Department of Public Works. These transferred powers, duties and functions include maintaining the current property ownership information for all parcels of land in the City, maintaining and administering lot split information and lot line adjustments, providing notices related to property ownership, making property ownership and related property information available to the public through operation of the public counter and all other responsibilities of the Land Records Division. The administration and collection of land records related fees, including fees for preparing lot cut affidavits and providing property ownership information, also are transferred to the Bureau of Engineering.

SECTION HISTORY

Added by Ord. No. 181,595, Eff. 4-10-11.

A. The term “Public Utility”, for purposes of this section, is defined as including any non-railroad public service declared by the Constitution or statutes of the State of California or the decisions of the Federal or State courts to be a public utility or declared to be a public utility by the City Council by ordinance. Public Utility shall not include any service covered by Section 22.484(g)(2)B.1. of this Code.

B. The Board of Public Works, or its designee, shall exercise the following powers and duties:

1. To investigate all privately owned Public Utilities in the City of Los Angeles (except Public Utilities at the Harbor under the

jurisdiction of the Harbor Department) and compile such data as may be necessary to determine the proper services to be furnished by those Public Utilities or charges to be made therefor. The Board of Public Works shall have the right of access at all reasonable times to the property and records of the Public Utilities for the purpose of investigation and may require reports respecting those matters from the Public Utilities at a time and in a form as the Board may prescribe.

2. Establish and prescribe by resolution regulations providing for the operation of, the extent, character and quality of service, the

rates to be charged by and the extensions to be required of, any of the Public Utilities unless preempted by state or federal law. The Board of Public Works shall publish once in a daily newspaper circulated in the City of Los Angeles a certified copy of every proposed regulation tentatively approved by the Commission, together with a notice to any and all persons to show cause, if any, within five days from the date of publication of the notice, why the proposed regulation should not be made effective. Any persons interested in or affected by the proposed regulation may, within five days after the expiration of the publication, file objections with the Board of Public Works, specifying the grounds of the objections. The Board shall place all objections on the Board of Public Works' agenda for its next regular meeting after the expiration of the time for filing the objections, and the Board shall then fix a date, not less than five days later, for hearing any and all objections, and shall, after the hearing, finally act on the proposed regulation by approving, changing or rejecting it, providing that any resolution of the Board of Public Works approving any regulation shall be published once before becoming effective and shall be subject to the referendum provisions of the Charter relating to ordinances. Any resolution

fixing rates must be approved by the City Council, by ordinance, before taking effect. Rules and regulations previously adopted by the Board of Public Utilities and Transportation pursuant to former Charter Section 210 and operative at the effective date of this chapter shall remain in full force and effect.

3. Investigate complaints against the services or charges of any Public Utilities, and to make orders adjusting them.

   4. Inspect all Public Utilities, as defined in this section, as to their compliance with their franchises, the ordinances of the City and

   the laws of the state, and as to their service generally; and to enforce in the manner prescribed by law a compliance with the terms of the applicable franchises, ordinances or laws.

   5. Keep a record of the Public Utilities franchises granted by the City or exercised therein.

   6. Administer and exercise those powers and duties provided by those procedures set forth in Division 13 of this Code, as amended, for the granting of franchises, permits and privileges.

      SECTION HISTORY

      Added by Ord. No. 185,204, Eff. 11-22-17.