Los Angeles Municipal Code § 7.34 Purchase and Sale of Real Property to Assist Nonprofit Corporation

It is hereby directed that the best interests of the City of Los Angeles require that it is the policy of the City of Los Angeles that special assessment property that is or shall be deeded to the City of Los Angeles for delinquent assessments shall go back to private ownership unless required for public use.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,475, Eff. 6-17-70.

As used in this article:

“City” shall mean the City of Los Angeles.

“Clerk” or “City Clerk” shall mean the City Clerk of the City of Los Angeles.

“Board” or “Board of Public Works” shall mean the Board of Public Works of the City of Los Angeles.

“Other public agency” shall mean any governmental body, taxing agency, Special Assessment District, or other public corporation created by State or Federal law, or a department thereof, other than the City of Los Angeles, or a department of such City.

“Special assessment property” shall mean and include any property that is or shall be deeded to the City of Los Angeles for delinquent assessments pursuant to statutes of the State of California or ordinances of the City of Los Angeles which provide for the assessment of costs or acquisition for any construction or maintenance of public improvements upon property benefited thereby, the sale of such property for delinquent assessments, and the execution of deeds thereto, if not redeemed.

“Classification” shall include reclassification and shall mean the determination of the suitability or adaptability of property for public use purpose or for private ownership.

“Former owner” shall mean the person or the legal representative of the person, who, at the time of the deed of special assessment property by or through which the title was first conveyed to the City, was:

(a) The person owning the fee, or any portion of or undivided interest in the fee;

(b) The person in whom legal title appeared by deeds duly recorded in the office of the County Recorder of Los Angeles

County.

“Lawful successor in interest” shall mean, as it relates to such former owner:

(a) The grantee of or purchaser from such former owner under a deed or written agreement;

(b) The heirs or devisees, or any of them, of such former owner if the former owner is deceased, or the executor or administrator of the former owner’s estate if it is in probate;

(c) The grantee or any person claiming through such grantee named in either of the following:

(1) A tax deed from the State of California;

(2) A deed of any public official, or of any person appointed or designated by the Court therefor, executed pursuant to legal proceedings authorizing the sale of such property;

(3) A deed of the City Treasurer or other public official, board, or body, executed pursuant to special assessment

laws.

It shall be presumed that persons applying for reconveyance qualify as “former ownership” or “lawful successor in interest” under

the said definitions thereof if such persons appear by records of the County Recorder of Los Angeles County as purporting to have acquired interests by or through the deeds or other instruments of title specified in the said definitions.

“Reconveyance” shall mean the transfer of special assessment property back to a former owner or the former owner’s lawful successor in interest by quitclaim deed as provided herein.

“Resale” shall mean the restoration of special assessment property to private ownership by public auction or by sealed bids as provided herein.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70.

For the purpose of carrying out the provisions of this article, the Board of Public Works shall act for the City and is hereby authorized and directed to exercise and assume the rights and powers and perform the duties of the City in connection with the possession, administration, investigation, and classification of special assessment property, its reconveyance to former owners, or resale and restoration to private ownership on sealed bids or public auction, and to authorize and approve negotiations and the execution of all contracts and documents in connection therewith; provided, however, that the reconveyance or sale of any such property on which the recorded assessed valuation is in excess of $1,000 shall be made by the Board, subject to the approval of the City Council as hereinafter provided.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,415, Eff. 6-17-70.

The Board shall classify all special assessment property and may reclassify the same or any portion thereof. Such classification shall be for the purpose of determining, and shall include, but is not limited to, the following:

(a) What property is suitable for public use and what the public use shall be;

(b) What department of the City or what other public agency may accept the property for such public use and be administering

agency therefor;

(c) What property is suitable to go back to private ownership.

Any department of the City or any other public agency may file application with the Board for the classification of any special assessment property as suitable for public use and to be the administering agency therefor.

The classification by the Board of property as suitable for public use, and any application, request, or offer therefor for such use, shall be subject to the Council’s approval, modification, acceptance or rejection, and the transfer by the Council, as hereinafter provided, for such public use.

Any special assessment property or any portion thereof that is not, within reasonable time after the execution of the deed to the City, classified as suitable and transferred by the Council for public use shall be deemed to be and shall be classified as suitable to go back to private ownership.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70.

Upon a date which shall be set by the Board, or as soon thereafter as practicable, the Board shall make a report to the Council of its classification of any property as suitable for public use, also of all applications, requests, or orders therefor for public use, and all applications for the reconveyance thereof filed with the Board prior to such date by former owners or lawful successors in interest.

At least 20 days before the said date, the Board shall cause a written notice to be mailed, postage prepaid, addressed to the former owner of such property as the former owner’s name and address appear on the last Equalized Assessment Roll or as known to the City Engineer. Such notice shall state that the property is proposed for public use; that on a specified date, or as soon thereafter as practicable, a report of such proposal will be made to the City Council; and that applications for the reconveyance of such property may be filed with the Board prior to such date, but not thereafter. The failure to mail the said notice, or failure of any person to receive the same, shall not affect whatsoever the validity of the proceeding taken by the Council in the matter of the proposed classification and transfer of property for public use.

The City Council shall, by resolution, accept for public use such properties as have been classified as suitable and as it determines should be retained for public use by the City.

The Council shall also, by ordinance, accept, if it approves, the offer of any other public agency for the purchase of property so classified as suitable for the public use of such agency.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70. Amended by: 2nd Para., Ord. No. 181,595, Eff. 4-10-11.

Application for reconveyance by the Board of special assessment property, setting forth the claim of the applicant thereto, may be filed with the Board by the former owner or the former owner’s lawful successor in interest at any time prior to 30 days before the date set for the resale of such property, or, if the property is proposed for public use, at any time prior to the date set for the Board to report to the Council regarding such proposed public use; provided, however, that in no event shall such application be filed with the Board later than one year after the date of the initial conveyance to the City by special assessment deed, or one year after the effective date of this amendment to this section, whichever is the later.

For the necessary investigation, classification and execution of a quit-claim deed of the property, payment shall be made to the Board in the amount of $3.00 per parcel in connection with such application filed within a period of one year after the initial conveyance of the property to the City, or in the amount of $17.00 per parcel in connection with original applications for reconveyance filed with the Board after such period. The fees herein shall be adjusted, if required, 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.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 120,044. Added by Ord. No. 140,475, Eff. 6-17-70. Amended by: Second unnumbered para., Ord. No. 168,733, Eff. 5-31-93.

Upon the filing of such application for reconveyance as provided in Section 7.34.6 of this article and the additional receipt from the applicant of the amounts hereinafter required, and upon investigation and showing satisfactory to the Board that the property is suitable to go back to private ownership and that the applicant is entitled thereto under the provisions of this article, the Board shall execute to such person a reconveyance by quitclaim deed of the interest of the City in said property. Provided, however, that where the City has or claims title or interest in the property other than through deeds for special assessments or where the Board determines that such action is required for the public interest, such application may be denied. Where two or more such applications are made for the same property, priority in consideration shall be in the order in which they are filed.

Any application filed with the Board by the former owner or the former owner’s lawful successor in interest for the reconveyance of special assessment property held by the City which is classified as suitable for private ownership and not yet advertised for resale shall be transmitted forthwith to the Council, or such property shall be set for resale as provided herein at the earliest practicable date, where such application is for reconveyance upon terms not within the power of the Board to grant under this article, but the granting of which, due to special circumstances, may be in the public interest or in furtherance of and in conformity with the preference extended hereby to former owners or lawful successors in interest.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70.

Before being entitled to the reconveyance as herein provided, the applicant shall make payment to the Board of an amount consisting of the total of the following:

(a) The amounts which would have been required to redeem had redemption been made at the time the right thereto terminated

under the law under which the property was assessed.

(b) The amount of any delinquent assessments levied upon the property, either unpaid or paid by the City, or canceled or merged by

reason of the City’s title thereto, together with accrued interest and penalties provided by law as though unpaid.

(c) The sum of $88.00 or 10 percent of the total of all other payments provided in this section, whichever is greater. Such sum shall

be credited to the payments and expenses of the City in the sales for delinquent assessments and the execution of deeds by reason thereof. The fee 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.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,475, Eff. 6-17-70. Amended by: In Entirety, Ord. No. 168,733, Eff. 5-31-93.

After six months from the date of execution to the City of a deed pursuant to special assessment proceedings, the Board shall offer and re- sell any property so deeded to the City which is classified as suitable to go back to private ownership, for which no application for reclassification is pending, and for which no application for reconveyance by the Board is filed at least 30 days prior to the date set for resale and the total amount required for reconveyance is not paid prior to such date set for resale.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70.

The Board shall cause a notice to be published not less than 20 days prior to such resale in a newspaper of general circulation printed and published in this City.

Such notice shall state that the resale is to be made pursuant to this article and the time and place thereof and shall refer to a list of the property to be re-sold, which list, together with terms and conditions of resale, shall be on file in the office of the Board.

The notice shall also state the manner of the resale as provided in (a), (b), or (c) of Section 7.34.11.

The Board shall also, not less than 60 days prior to the date of such resale, cause a written notice to be mailed, postage prepaid, addressed to the former owner of any such property to be re-sold as the former owner’s name and address appear on the last Equalized Assessment Roll or as known to the City Engineer.

Such notice to be mailed shall describe the property of such former owner and shall state that such property is to be re-sold, the place of sale,

manner thereof, and applicable provisions of this article regarding the time to apply to the Board for reconveyance. Reference may be made for further particulars to this article and to the list and the terms and conditions of sale on file in the office of the Board.

The failure to mail any notice of resale or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken nor prevent the Board from proceeding with resales under this article.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70. Amended by: 4th Para., Ord. No. 181,595, Eff. 4-10-11.

As determined by the Board, resale of special assessment property shall be:

(a) At public auction to the highest responsible bidder at a time and place to be fixed by the Board; or

(b) To the highest responsible bidder after advertisement for bids; or

(c) At public auction to the highest responsible bidder at the time and place of the opening of sealed bids after such bids have been publicly opened, examined, and declared; or to the highest responsible sealed bidder if no bid is made at such public auction, or if such bid is not in accordance with the provisions hereof.

Any such sale shall be for cash, and the Board shall in all cases determine and set a minimum bid of not less than $10 per parcel, that will be acceptable. It may reject any and all bids or withdraw any property from sale at any time should it determine such action to be for the public interest.

SECTION HISTORY

Based on Ord. No. 96,847. Amended by: Ord. No. 101,605. Added by Ord. No. 140,475, Eff. 6-17-70.

(a) No sealed bid shall be considered unless accompanied by, and no bid at public auction shall be considered unless such bidder shall have first deposited with the auctioneer, a cash deposit, or a cashier’s check of, or a check certified by a responsible bank in the City of Los Angeles payable to the City of Los Angeles for an amount to be determined by the Board, which amount shall be not less than 10 per cent of the amount of the bid, as a guarantee that the person making such bid will, if the person’s bid is accepted, purchase and pay for such property upon the terms and conditions provided herein or specified in the notice of sale or attached to the list on file of the properties to be sold; or in lieu of such deposit any bidder may furnish with the bidder’s sealed bid or before bidding at public auction a satisfactory surety bond in the said amount and so payable.

(b) Any deposit made or bond furnished by any bidder to whom property has been ordered sold under the provisions of this article shall be subject to forfeiture at the option of the Board if the said bidder shall fail to complete the purchase in accordance with the terms and conditions therefor.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,475, Eff. 6-17-70.

Notwithstanding any other provisions of this article, the Council, when it shall determine that the public interests or necessity require the sale, conveyance or exchange of real property owned by the City or any department thereof, or the quitclaiming by the City or any department thereof, of any interest in real property without notice of sale or advertisement for bids, may, by ordinance adopted by the votes of at least two-thirds of an of its members, authorize the execution of such deed, contract or other instrument as may be necessary to effect such sale, conveyance, exchange or quitclaim at and for a price or consideration and upon the terms and conditions to be specified in such ordinance; provided, further, that such ordinance shall be subject to the provisions of Section 281 of the City Charter.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,475, Eff. 6-17-70.

This article shall be liberally construed in order to effectuate its purposes.

If any section, subsection or portion of this article is declared to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remainder of this article, and the City Council of the City of Los Angeles hereby declares that it would have adopted all of the remaining sections, subsections, and portions of this article notwithstanding.

SECTION HISTORY

Based on Ord. No. 96,847. Added by Ord. No. 140,475, Eff. 6-17-70.