CPC-1993-0378 CA Page 2 SUMMARY Since the early 1990 s, the Department of City Planning has increasingly used its authority to mitigate and abate nuisance activity that adversely affects the public health, peace and safety of persons residing or working on the premises or in the surrounding area of a land use causing the nuisance. In recognition that the City=s land area is no longer expanding, and that it is more difficult to separate land uses that have the potential to adversely impact quality of life, demand for utilization of nuisance abatement procedures has been growing steadily. In response to the greater demand, in 1997, the City Council created a nuisance abatement unit within the Office of Zoning Administration, and consolidated nuisance abatement proceedings in Section 12.27.1 of the Los Angeles Municipal Code (Administrative Nuisance Abatement Proceedings). Section 12.27.1 has been an effective tool by which the Department of City Planning, City Council offices, the Los Angeles Police Department (LAPD), the Los Angeles Department of Building and Safety (LADBS) and the community have worked together to mitigate or eliminate nuisance activities throughout the City. The majority of nuisance cases are substantially resolved with the cooperation of the property owner and/or business operator once the Zoning Administrator, acting on behalf of the Director of City Planning, issues a determination imposing corrective conditions to mitigate the impact of or eliminate the problems causing the nuisance. However, when government efforts fail to eliminate the problems, and when the owner or operator fails to demonstrate a willingness or ability to eliminate the problems, the Director of Planning may require the discontinuance of a land use or discretionary zoning approval. As currently written, the Los Angeles Municipal Code (LAMC) does not provide the City with adequate tools to enforce discontinuance of the use. To provide the City with the necessary enforcement tools, Councilmember Jan Perry of Council District 9 introduced two motions, CF 03-2035 Perry/Reyes and CF 04-2089 Perry/ Parks (Exhibits B and C). On November 10, 2004, the Planning and Land Use Management (PLUM) Committee of the City Council referred these two motions to a Nuisance Abatement Task Force comprised of representatives from the Chief Legislative Analyst, the Los Angeles Police Department, the City Attorney s Office, the Department of City Planning, the Department of Building and Safety, the Los Angeles Housing Department, the City Administrative Office, and Council District 9 staff.
CPC-1993-0378 CA Page 3 On July 13, 2005, the City Council adopted the Report of the Nuisance Abatement Task Force prepared by the Chief Legislative Analyst, dated May 25, 2005 (Exhibit D). This Report instructed the Planning Department to prepare ordinances revising the Los Angeles Municipal Code to strengthen the nuisance abatement process and enhance enforcement, to enact fees to recoup City departments= costs, and to ensure any eligible tenants= their rights under the City=s Rent Stabilization Ordinance. The Department of City Planning, in cooperation with representatives of the City Attorneys= Office, the Los Angeles Department of Building and Safety, the Los Angeles Police Department, and Council District 9, prepared the proposed ordinance presented here. FINDINGS 1. In accordance with Charter Section 556, the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent, and provisions of the General Plan in that it will further Goal 3A of the Citywide General Plan Framework which seeks to assure Aa healthful living environment, since the proposed ordinance will strengthen the City s ability to mitigate and eliminate nuisance activities negatively impacting the quality of life of persons who live or work in the vicinity of the land use creating the nuisance. It will also further Goal 3A by contributing to the Arevitalization of depressed areas,@ and Aachievement of the vision for a more livable city@ by strengthening enforcement procedures to allow summary closure of properties that are found to be the source of persistent and egregious nuisance activities pursuant to Section 12.27.1 of the Los Angeles Municipal Code, and 2. in accordance with Charter Section 556, the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent, and provisions of the General Plan in that it will further Goal 3N of the Citywide General Plan Framework because it will help Aenhance the quality of life for the City=s existing and future residents and businesses@ by eliminating nuisance activities that impede the quality of life of neighboring residences and businesses, and will protect the rights of tenants who are displaced pursuant to Nuisance Abatement Proceedings; and 3. in accordance with Charter Section 558 (a) (2) regarding the Ause of buildings or structures,@ the proposed ordinance (Appendix A) will have no adverse effect upon the General Plan, specific plans, or any other plans being created by the City Department of City Planning because the ordinances further the goals, policies, and objectives set forth above; and
CPC-1993-0378 CA Page 4 4. in accordance with Charter Section 558 (b) (2), the proposed ordinance (Appendix A) Awill be in conformity with the public necessity, convenience, general welfare, and good zoning practice,@ in that it will enhance the City=s ability to protect the public peace, health and safety from any land use that becomes a nuisance; that adversely affects the health, peace or safety of persons residing or working in the surrounding area; or that violates any land use related condition of a previous discretionary action by strengthening enforcement of the nuisance abatement proceedings, and it will be in conformance with the public necessity and general welfare by establishing full cost recovery in cases where a land use is discontinued pursuant to Section 12.27.1 of the Los Angeles Municipal Code. Environmental This proposed nuisance abatement ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City of Los Angeles CEQA Guidelines (Aordinances that do not result in impacts on the physical environment@). This proposed ordinance modifies existing legislation and does not itself have an impact on the physical environment. Each individual nuisance abatement action is subject to CEQA at the time it is filed. Request STAFF REPORT On November 10, 2004, the Planning and Land Use Management (PLUM) Committee of City Council referred two Motions relative to the Administrative Nuisance Abatement process, as codified in the Los Angeles Municipal Code Section 12.27.1, to a Nuisance Abatement Task Force, comprised of representatives from the Office of the Chief Legislative Analyst, the Los Angeles Police Department, the Office of City Attorney, the Department of City Planning, the Department of Building and Safety, the Los Angeles Housing Department, the Office of the City Administrative Officer, and Council District 9 staff. On July 13, 2005, City Council adopted the Report of this Task Force, as prepared by the Chief Legislative Analyst, dated May 25, 2005 (Exhibit C). The City Council instructed the Planning Department to prepare ordinances to revise the Nuisance Abatement/Revocations provisions of the Los Angeles Municipal Code. The City Council instructions implemented by this proposed ordinance are, as follows:
CPC-1993-0378 CA Page 5 1. To require that a Plan Review must occur within two years of a Zoning Administration determination or City Council action; 2. To strengthen nuisance abatement enforcement procedures to allow summary closure when the Director of Planning or City Council discontinues a land use or a discretionary zoning approval; 3. To order the Department of Building and Safety (LADBS) to vacate and secure commercial and residential properties when the land use or discretionary zoning approval has been discontinued pursuant to Section 12.27.1 LAMC; 4. To enact fees to recoup City departments administrative processing and enforcement costs and staff time required to conduct investigations for nuisance abatement cases, and to authorize LADBS to place a lien on the property when cost recovery fees or fines have not been paid, and authorize a surcharge for failure to pay; and 5. To authorize the Los Angeles Housing Department (LAHD) to place a lien on property when the owner does not abide by the requirements of the City=s Rent Stabilization Ordinance, and to instruct LAHD to recoup any relocation monies issued by the City to eligible tenants. Background and Discussion When the Apolice power@ of the municipal government in regulating land use was confirmed by the Supreme Court in 1926, the City of Los Angeles was among the early pioneers in adopting zoning regulations. Over the years, the increased authority of the City to mitigate public nuisances strengthened as municipal zoning evolved. Until about 1990, the authority of the Department of City Planning to mitigate public nuisances was used only sporadically. Since the early 1990 s, there has been a growing recognition that the City=s land area was no longer expanding, and that it was increasingly difficult to separate land uses that have the potential to adversely impact citizens= quality of life. Many sections of the city are plagued by a proliferation of potentially negative uses, such as liquor stores, recycling centers, nightclub/bars, and hourly rate motels. As a consequence, the demand for utilization of nuisance abatement proceedings has increased substantially. The City Council responded by creating a nuisance abatement unit within the Office of Zoning Administration. On October 27, 1997, nuisance abatement proceedings were consolidated under Section 12.27.1 (Administrative Nuisance Abatement Proceedings) of the Los Angeles Municipal Code. They were subsequently further amended on
CPC-1993-0378 CA Page 6 July 1, 2000, as part of the most recent Charter revisions to streamline the appeal process by eliminating appeals to the Board of Zoning Appeals, and allowing only one level of appeal directly to City Council. Administrative nuisance abatement proceedings are aimed at eliminating nuisances where they are shown to exist and are attributable to a particular use. Section 12.27.1 states that: AAuthority. Notwithstanding any other provision of this Code to the contrary, the Director may require the modification, discontinuance or revocation of any use or discretionary zoning approval if it is found that the use or discretionary zoning approval as operated or maintained: 1. Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or in the surrounding area; or 2. Constitutes a public nuisance; or 3. Has resulted in repeated nuisance activities, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or 4. Adversely impacts nearby uses; or 5. Violates any provision of this chapter; or any other city, state, or federal regulation, ordinance, or statute; or 6. Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to Sections 12.24, 12.27, 12.28, 12.32 or 14.00; or an approval initiated by application of a property owner or owner=s representative related to the use of land including, but not limited to, a zone change, height district change, supplemental use district, parcel map, tentative tract map, coastal development permit, development agreement, density bonus greater than the minimum required pursuant to Government Code Section
CPC-1993-0378 CA Page 7 65915, density transfer plan, exception from a specific plan, and project permit pursuant to a moratorium or an interim control ordinance.@ Section 12.27.1 (Administrative Nuisance Abatement Proceedings) has been an effective tool by which the Department of Planning=s Office of Zoning Administration, the City Attorney=s Office, Council Districts, the community, the Los Angeles Police Department, and the Los Angeles Department of Building and Safety have cooperated in eliminating nuisance activities impacting persons residing or working on the premises or in the surrounding area. Nuisance abatement investigations generally begin when the Department of Planning receives a communication from a Council Office, the LAPD or the City Attorney=s Office. These communications document citizen complaints, a record of arrests and police activities, or other evidence that a land use is creating a nuisance. Based on staff investigation of the allegations, the Chief Zoning Administrator will decide if there is sufficient merit to set the matter for public hearing. After a public hearing where all evidence is presented and considered, the Zoning Administrator (ZA) determines whether the evidence warrants a finding that the land use is creating a nuisance. If so, the ZA imposes conditions intended to mitigate the impact of or eliminate the problems. The Los Angeles Police Department (LAPD) and the Los Angeles Department of Building and Safety (LADBS) are the primary departments responsible for investigating compliance with these conditions. In the majority of cases, the imposition of conditions is sufficient to deter any further nuisance activity. However, when the business operator and property owner continue to disregard or evade the conditions, or exert only minimal effort in mitigating the impact of their nuisance activities, stronger enforcement measures are required. When the owner and operator of the land use have shown neither willingness nor ability to comply with the conditions imposed and the use continues to create a public nuisance, the Zoning Administrator, acting on behalf of the Director of Planning, after a public hearing and all evidence is presented and considered, has the authority to discontinue a land use or discretionary zoning approval. When a land use or discretionary zoning approval has been discontinued, some owners and operators evade or disregard the Director of Planning s order, and continue to operate in violation of the order. The Los Angeles Municipal Code, as written, does not provide adequate enforcement tools in such cases. This proposed ordinance is intended to cure that oversight. Developed with the cooperation and input of the Department of City Planning, the City Attorney=s Office, the Los Angeles Department of Building and Safety, the Los Angeles Police Department, and Council District 9, this ordinance provides the necessary tools for enforcement.
CPC-1993-0378 CA Page 8 Further, it requires full cost recovery in nuisance abatement cases that result in discontinuance of a land use or discretionary zoning approval, and entitles eligible tenants to receive relocation benefits when a residential use is discontinued. Analysis of Proposed Amendments and Addition to LAMC A. Section 1 of the proposed ordinance amends Section 12.27.1 of the Los Angeles Municipal Code as follows: 1. To require imposition of a fee when a nuisance case is initiated by the Director of Planning Amend Subdivision 2 of Subsection C of Section 12.27.1 to require the Director of Planning, through the Office of Zoning Administration, to impose a condition directing payment of a fee by the property owner or business operator to cover estimated costs whenever the Director of Planning initiates filing of a nuisance abatement proceeding, and the Zoning Administrator (ZA) or City Council determines that a public nuisance exists, or when the ZA, upon review of implementation of conditions finds that the property owner or business operator is not in substantial compliance. Discussion The current practice of the Zoning Administrator, acting on behalf of the Director of Planning, at his or her discretion, allows for imposition of a condition upon the property owner or business operator requiring the payment of a fee. This ordinance seeks equitable application of this condition in all nuisance abatement cases initiated by the Director of Planning to enable the City to recover the cost of investigation and processing. The cost should not be borne by taxpayers but by those who have caused the nuisance and allowed it to continue. 2. To require full cost recovery when a land use or discretionary zoning approval is discontinued Amend Paragraph (b) of Subdivision 2 of Subsection C of Section 12.27.1 to require full cost recovery in the event that the Zoning Administrator, acting on behalf of the Director of Planning, requires the discontinuance of a land use or discretionary zoning approval.
CPC-1993-0378 CA Page 9 Discussion Under the current provisions of the Los Angeles Municipal Code, when the operation of a business or a land use is found to be the source of a public nuisance, property owners and business operators are not required to bear the cost of the action unless a fee is imposed by the ZA at his or her discretion. This amendment will make mandatory the imposition of fees to recoup administrative processing and enforcement costs of all departments for nuisance abatement cases. Further, it will authorize the Los Angeles Department of Building and Safety (LADBS) to place a lien on the property when cost recovery fees or fines have not been paid, and authorize a surcharge for failure to pay. 3. To require mandatory filing of a Plan Approval application Add a new Subdivision 3 to Subsection C of Section 12.27.1 to require the Zoning Administrator, acting on behalf of the Director of Planning, to impose a condition requiring mandatory filing of a Plan Approval application for review of implementation of conditions. Discussion: Under current policy and practice of the Office of Zoning Administration, the Zoning Administrator, acting on behalf of the Director of Planning, frequently imposes a condition on the property owner and/or business operator requiring the filing of a Plan Approval application to provide for a hearing to review implementation of the conditions imposed. However, such a review is not mandatory and no time limits for such reviews are mandated. Members of the Nuisance Abatement Task Force, all of whom have direct experience with the City=s nuisance abatement program, know of significant instances where the lack of required review has led to nuisance activities at certain locations that have continued unabated for months and sometimes even years. The Task Force recommended, and City Council concurred, that when a Zoning Administrator finds that a land use or discretionary zoning approval creates a public nuisance, and imposes conditions to eliminate or mitigate this nuisance, that a review of the implementation of the conditions should be mandatory and take place no later than two years from the date of the determination. 4. Changes in numbering and changes in language for clarity and consistency Renumber Subdivision 3 of Subsection C as Subdivision 4 of Subsection C and the existing Subdivision 4 is renumbered as Subdivision 5.
CPC-1993-0378 CA Page 10 B. Section 2 of the proposed ordinance amends Subsection P of Section 19.01 of the Los Angeles Municipal Code as follows: Increase fee for imposition of conditions in nuisance abatement proceedings Amend Subsection P of Section 19.01 Modifications or Discontinuance of Use to increase the fee for Imposition of Conditions from $2,205.00 to $6,500.00. Discussion: In its action of July 13, 2005, City Council (CF 03-2035 and CF 04-2089) instructed City departments to establish procedures for full cost recovery incurred in the implementation and enforcement of nuisance abatement proceedings. The proposed amendments to Section 12.27.1 require the Zoning Administrator to impose a fee pursuant to Section 19.01.P in all nuisance abatement cases. The current mandated fee of $2,205 covers only a fraction of the Department of City Planning (DCP) costs. The proposed fee of $6,500, which is comparable to the fee charged to applicants for similar services undertaken by the DCP, will more adequately cover the staff and material costs of investigation, case preparation, hearing, determination and appeals. C. Section 3 of the proposed ordinance adds a new Division 90 to Section 91 (Article 9, Chapter 1 - the Building Code) of the Los Angeles Municipal Code as follows: LADBS procedures to vacate and secure a land use that has been discontinued pursuant to Section 12.27.1 Add a new Division 90 to Section 91 (Article 9, Chapter 1 - the Building Code) of the Los Angeles Municipal Code to provide for nuisance abatement of property, buildings, premises and portions thereof when the Director of Planning or City Council discontinues a land use or discretionary zoning approval pursuant to Section 12.27.1 LAMC. Discussion: In October, 2004, Council member Jan Perry (CD 9) introduced a motion seconded by Council member Bernard Parks (CD 8) calling for a summary closure procedures ordinance to enable closure of properties that negatively
CPC-1993-0378 CA Page 11 affect the community=s quality of life. The motion adopted by City Council July 13, 2005 (CF 04-2089) states in pertinent part that: AIn fact, in a number of cases, the Zoning Administration (ZA) has revoked or discontinued uses, but the owners and lessees of the buildings continue to use the properties in blatant disregard of the Zoning Administration's (ZA's) rulings even after all their appeals have been exhausted. For example, notwithstanding the revocation of the necessary permits to operate, and the exhaustion of both their administrative and legal remedies, business establishments such as, but not limited to, the Oakwood Motel and the Ross Hotel continue to operate in violation of the law and with impunity. To ensure that the City has a land use tool at its disposal to enforce municipal law, the Office of the City Attorney, with the assistance of the Planning Department and the Department of Building and Safety, should formulate closure procedures of properties where the owners continue to operate their businesses notwithstanding the fact that they do not have the proper permits to operate, the use has been discontinued or revoked, or a Certificate of Occupancy is revoked.@ This proposed addition of Division 90 to the Building Code is the centerpiece of the proposed amendments to the Los Angeles Municipal Code intended to protect the quality of life of persons adversely impacted by unmitigated ongoing nuisance activities. The proposed Division 90 extends the existing authority of the Department of Building and Safety to vacate and secure substandard and hazardous buildings to include property whose use is deemed to be a public nuisance pursuant to Los Angles Municipal Code Section 12.27.1 (Administrative Nuisance Abatement Proceedings). The existing Division 89 of the Building Code of the Los Angeles Municipal Code provides well established procedures for vacating and securing substandard and hazardous buildings. This Division, however, does not give LADBS the authority to use these procedures to secure and vacate properties whose use jeopardizes or adversely affects the public health, peace or safety of persons residing or working on the premises or in the surrounding area. The proposed new Division 90 will overcome that deficiency by providing the authority and means for vacating, closing and securing property, buildings, premises and portions thereof that are in violation of an order to discontinue a land use or discretionary zoning approval.
CPC-1993-0378 CA Page 12 The ability to discontinue a land use is pursuant to a determination by the Zoning Administrator, acting on behalf of the Director of Planning, or, on appeal, by action of City Council. The language of the new Division 90 closely mirrors the language of the existing Division 89 as applicable. It thus provides all the necessary precautions, direction and civil protections accorded by Division 89. D. Section 4 of the proposed ordinance amends Section 163.02. Eligibility for Relocation Benefits of the Housing Code of the Los Angeles Municipal Code as follows: Relocation benefits required for tenants displaced by discontinuance of a residential use Amend Section 163.02. Eligibility for Relocation Benefits of the Housing Code of the Los Angeles Municipal Code to include eligibility for relocation benefits for any eligible tenant who is displaced from a residential property when the use or discretionary zoning approval is discontinued by a determination of a Zoning Administrator, acting on behalf of the Director of Planning, or, on appeal, by City Council action pursuant to Section 12.27.1 LAMC. Discussion: When a residential land use such as a residential hotel or SRO is discontinued due to unmitigated nuisance activity such as prostitution, drugs and other criminal activity, an unfortunate consequence of the closure is displacement of tenants who are innocent of any nuisance activity. Section 163.02, the Tenant Relocation Assistance Program of the City of Los Angeles, entitles displaced tenants to Arelocation benefits payable by the landlord in the amounts prescribed in Section 163.05. This amendment extends this protection to tenants who are displaced by an order of discontinuance from the Director of Planning or City Council pursuant to Section 12.27.1 LAMC. It complements and supports Section 91.9003.1.3 (Relocation Assistance) of the proposed new Division 90 of the Building Code, which requires the Enforcement Agency to issue an order requiring the landlord to pay relocation benefits to tenants displaced by revocation of the residential land use.
CPC-1993-0378 CA Page 13 Conclusion Land uses and businesses that encourage or fail to prevent the most egregious nuisance activities severely impact the quality of life in communities with the greatest density of residential and commercial uses. As the population of Los Angeles has grown without a commensurate increase in land mass, the community and City Council have increased their demands on the City to mitigate and eliminate nuisance activity adversely affecting the health, safety and well being of the citizens of Los Angeles. The need for this proposed ordinance arises because the City a seeking a stronger means to enforce a Zoning Administrator determination or City Council action to discontinue a land use or discretionary zoning approval. This ordinance provides tools for the Department of Building and Safety to vacate and secure a property that has been discontinued pursuant to Section 12.27.1 LAMC. While creating stronger enforcement tools, this ordinance provides precautions, direction and civil protections to ensure due process for the property owner. It will also protect the rights of any tenants displaced by closure of a residential use, and will provide full cost recovery for the City whenever a use is discontinued pursuant to Nuisance Abatement Proceedings Section 12.27.1 LAMC.
DISCUSSION DRAFT A-1 PROPOSED ORDINANCE FOR DISCUSSION An ordinance amending Sections 12.27.1, 19.01.P, and 163.02, and adding a new Section 91.90 to the Los Angeles Municipal Code to enhance the City s ability to enforce a determination by the Director of Planning or action of City Council to discontinue a land use or discretionary zoning approval pursuant to LAMC Section 12.27.1; to require full cost recovery for the City in nuisance abatement actions that result in discontinuance; and to entitle eligible tenants to receive relocation benefits when a residential use is discontinued. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Section 12.27.1 of the Los Angeles Municipal Code is amended to read: SEC. 12.27.1. ADMINISTRATIVE NUISANCE ABATEMENT PROCEEDINGS. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) A. Purpose. It is the intent of this section to consolidate a number of existing code provisions relating to the administrative abatement of public nuisances, and revocations, rescissions discontinuances or modifications of discretionary zoning approvals. In addition, this section also sets forth procedures allowing the Director to modify or remove conditions imposed as a result of nuisance abatement proceedings; to enforce conditions imposed as part of any discretionary zoning approval; and to require that the cost of a proceeding instituted pursuant to this section be paid by those responsible for the maintenance and operation of the subject use. These provisions will allow the City=s zoning authorities to protect the public peace, health and safety from any land use which becomes a nuisance; adversely affects the health, peace or safety of persons residing or working in the surrounding area; or violates any land use related condition imposed pursuant to this chapter or other provision of law, while protecting the constitutional rights of the parties involved. B. Authority. Notwithstanding any other provision of this Code to the contrary, the Director may require the modification or discontinuance or revocation of any land use or discretionary zoning approval if it is found that the land use or discretionary zoning approval as operated or maintained:
DISCUSSION DRAFT A-2 1. Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or in the surrounding area; or 2. Constitutes a public nuisance; or 3. Has resulted in repeated nuisance activities, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or 4. Adversely impacts nearby uses; or 5. Violates any provision of this chapter; or any other city, state, or federal regulation, ordinance, or statute; or 6. Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to Sections 12.24, 12.27, 12.28, 12.32 or 14.00; or an approval initiated by application of a property owner or owner=s representative related to the use of land including, but not limited to, a zone change, height district change, supplemental use district, parcel map, tentative tract map, coastal development permit, development agreement, density bonus greater than the minimum required pursuant to Government Code Section 65915, density transfer plan, exception from a specific plan, and project permit pursuant to a moratorium or an interim control ordinance. C. Procedures: Notice, Hearings and Appeals. The Director shall give notice to the record owner and lessee of the real property affected to appear at a public hearing at a time and place fixed by the Director and show cause why the land use or discretionary zoning approval should not be modified or discontinued. or revoked, as the case may be. 1. Notice. A written notice shall be mailed not less than 24 calendar days prior to the date of hearing to the owner and lessee of the property involved, and to the owners of all property within and outside of the City that is within 500 feet of the exterior boundaries of the property involved, using for the purpose of notification the last known name and address of the owners, as shown in the City Clerk=s records or in the records of the County Assessor. If all property within the 500-foot radius is under the same ownership as the property involved in the proceeding, then the
DISCUSSION DRAFT A-3 owners of all property which adjoins that ownership shall be included in this notification. Written notice shall also be mailed to residential, commercial and industrial occupants of the property involved, and all property within 500 feet of the exterior boundaries of the property involved. This requirement can be met by mailing the notice to Aoccupant.@ If this notice provision will not result in notice being given to at least 20 different owners of at least 20 different lots other than the subject property, then the 500-foot radius for notification shall be increased in increments of 50 feet until the required number of persons and lots are encompassed within the expanded area. Notification shall then be given to all property owners and occupants within the expanded area. Notwithstanding the above 24-calendar day notification period and the 500- foot notification radius, only 15 calendar days and a 500-foot radius shall be required for any hearing conducted on the same site for a land use or discretionary zoning approval for which a previous final decision pursuant to this section has been made by the City. 2. Hearing and Decision. The matter may be set for public hearing before the Director. After the conclusion of a public hearing, the Director may require the modification or discontinuance or revocation of the land use or discretionary zoning approval, as the case may be. As part of the action, the Director may impose conditions as he or she deems appropriate, including those necessary to protect the best interests of the surrounding property or neighborhood; to eliminate, lessen, or prevent any detrimental effect on the surrounding property or neighborhood; or to assure compliance with other applicable provisions of law or conditions of an earlier discretionary approval. Conditions imposed may include the establishment of amortization schedules, the closure or removal of buildings or structures, and affect the establishment, maintenance, or operation of the subject use, and related uses, buildings, or structures. The Director shall also have the authority to impose a condition directing the payment of a fee set forth in Section 19.01P of this Code to cover the City==s costs in processing the matter. Whenever the Director initiates an action pursuant to LAMC Section 12.27.1, he or she shall require payment of the fee set forth in Section 19.01.P of this Code to cover the City=s costs in processing the matter. A fee is not required if the Director finds that the operation of the business does not create a nuisance or that the business operator and property owner are in substantial compliance with the conditions of operation The condition shall further provide that if the decision is not appealed, then the amount shall be paid in full to the City of Los Angeles with confirmation of the payment being provided to the Director within 30 days of the decision date. If an appeal is filed and the decision of the Director is upheld on appeal, then the fee shall be paid in full with confirmation made to the Director within 30 days of the effective date of the decision. If the Council reverses in total the decision of the Director, then no payment of fees other than the appeal
DISCUSSION DRAFT A-4 fee specified in Section 19.01.P shall be required. Any determination shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The written determination shall also state that failure to comply with any or all conditions imposed may result in the issuance of an order to discontinue directing the discontinuance or revocation of the land use or discretionary zoning approval. However, only The Director may require that a use be discontinued or that a discretionary land use approval be revoked, and the discontinuance of a land use or discretionary zoning approval only upon finding that: (a) prior governmental efforts to cause the owner or operator to eliminate the problems associated with the land use or discretionary zoning approval have failed (examples include formal action, such as citations, orders or hearings by the Police Department, Department of Building and Safety, the Director, a Zoning Administrator, the City Planning Commission, or any other governmental agency); and (b) that the owner or operator has failed to demonstrate, to the satisfaction of the Director, the willingness or ability to eliminate the problems associated with the land use or discretionary zoning approval. If the Director discontinues any land use or discretionary zoning approval pursuant to this section, the full cost of the abatement, including the cost of inspection, shall become the personal obligation of the business operator, property owner, or person in control. If confirmed by City Council, a lien may be placed against the subject property in accord with the procedures described in Administrative Code Sec. 7.35.3. 3. Compliance Review. Upon any finding of nuisance or noncompliance with existing conditions imposed on the land use, the Director s determination shall impose a condition requiring the business operator or property owner to file a Plan Approval application for Review of Compliance with Conditions. The Director has the discretion to set the due date for the Plan Approval application in 90 days, 180 days, one year, 18 months or two years from the effective date of the Director s determination or City Council action on appeal. 4. Appeals. An appeal from the decision of the Director may be taken to the Council in the same manner as prescribed in Subsection I of Section 12.24.
DISCUSSION DRAFT A-5 An appeal fee shall be charged pursuant to Section 19.01P. The Council=s decision on appeal shall be processed in the manner prescribed in Section 12.24.I.6. Further, if it is determined by the Council that the decision of the Director impairs the constitutional rights of any person, then it shall modify the action accordingly, or refer the matter back to the Director for further action. 5. Violations. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the Director or Council pursuant to this section. Violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter. In the event of a violation of an order of discontinuance or revocation, the Department of Building and Safety is authorized to revoke the certificate of occupancy of the property in violation. In the event of a violation of an order to discontinue a land use or discretionary zoning approval pursuant to this section, the Department of Building and Safety shall order the owner to vacate and secure the property, premises, buildings or portion thereof pursuant to Code Sec. 91.9003. The Department of Building and Safety shall institute enforcement as provided in Code Sec. 91.9003.3 D. Modification of Administrative Decisions. Any administrative nuisance abatement decision made pursuant to this chapter, any conditions imposed by that decision, or any decisions on a discretionary zoning approval pursuant to this section may be modified pursuant to the provisions of this subsection. Upon application by the owner or lessee, the Director may modify or eliminate the conditions of a prior decision. An application shall be made on official forms provided by the Department of Planning and shall be accompanied by a filing fee as specified in Section 19.01.P. An application shall be considered if a time period of at least one year has passed from the date the conditions were originally imposed; or if there have been substantial changes in the nature and operation of the land use or discretionary zoning approval; or if there has been a change in circumstances such that the continued enforcement of the previously imposed conditions is no longer reasonable or necessary. All applications must include a radius map, a list of property owners and occupants within 500 feet, and plot plan drawn to scale. An application shall be set for public hearing. The Director may grant or deny the requested application, or modify the prior decision, including imposing new or different substitute conditions as the Director deems appropriate. No modification shall be approved pursuant to this subsection unless the Director finds each of the following: 1. That the requirements for consideration of the application under this subsection have been met;
DISCUSSION DRAFT A-6 2. That due consideration has been given to the effects of the modification on surrounding properties; An appeal from the decision of the Director may be taken to the Council in the same manner as prescribed in Subsection C. Subsequent applications for reconsideration may be filed in accordance with this subsection. If a reconsideration is denied with prejudice, a subsequent application for reconsideration shall not be filed within one year from the reconsideration decision date, and then only if a property owner or operator shows that the circumstances involving the land use or discretionary zoning approval has substantially and materially changed since the last reconsideration. E. Continuation of Prior Decisions. Administrative nuisance abatement decisions and revocations discontinuances, rescissions or modifications of discretionary zoning approvals made prior to July 1, 2000 by the Zoning Administrator, City Planning Commission or City Council shall remain in full force and effect. Further, it shall continue to be unlawful to violate or fail to comply with any requirement or condition imposed by the Zoning Administrator, the former Board of Zoning Appeals, the City Planning Commission, or the City Council prior to July 1, 2000. Violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter. In the event of a violation of an order of discontinuance, or revocation the Department of Building and Safety is authorized to revoke the certificate of occupancy for the property in violation shall order the owner to vacate and secure the property, premises, buildings or portion thereof pursuant to Code Sec. 91.9003. The Department of Building and Safety shall institute enforcement as provided in Code Sec. 91.9003.4 Sec. 2. Subsection P of Section 19.01 of the Los Angeles Municipal Code is amended to read: Types of Application Imposition of Conditions ) Modification or Discontinuance of Use (Cost Recovery) $2,205.00 $6,500 Sec. 3. A new Section 91.90 is hereby added to Article 1 of Chapter 9 of the Los Angeles Municipal Code to read: SEC. 91.9001. GENERAL. 91.9001.1. Purpose of Division. The provisions of this division are intended to provide a just, equitable and practical method, in conjunction with any other remedy available by law, to vacate and secure property whose land use or discretionary zoning approval has been discontinued by the Director of Planning or City Council pursuant to LAMC Section
DISCUSSION DRAFT A-7 12.27.1. (Administrative Nuisance Abatement Proceedings). 91.9001.2. Scope. This division shall apply to property whose use or discretionary zoning approval has been discontinued by the Director of Planning or City Council pursuant to LAMC Section 12.27.1. SEC. 91.9002. DEFINITIONS DEPARTMENT. The Department of Building and Safety, or successor agency. ENFORCEMENT AGENCY. The City Department or Agency with designated responsibilty for enforcement. NUISANCE. Any use of land that jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or in the surrounding area; or has resulted in repeated nuisance activities, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, robbery, battery, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or adversely impacts nearby uses. PROPERTY. Property, premises, buildings or portions thereof. SEC. 91.9003. ABATEMENT PROCEDURES 91.9003.1 Vacate Order. The Department or Enforcement Agency shall issue an order to vacate and discontinue the use of the property whose land use or discretionary zoning approval has been discontinued by the Director of Planning or City Council pursuant to LAMC Section 12.27.1. There shall be no appeal from this order. The order shall specify that the order applies only to that portion of the subject property whose use or discretionary zoning approval has been discontinued. 91.9003.2 Closure Notification. The order to vacate and discontinue the use of the property shall be sent to the business operator and the property owner, and to all persons shown in the title report as having any ownership interest, existing tenant(s) and person(s) in control of the property. The order shall state that the business operator or property owner has fifteen (15) days from the effective date of the order to discontinue use of the property, and to vacate and secure the property until a new use is authorized. 91.9003.2.1 Time for Compliance. Within 15 days of the effective date of the order, the business operator or property owner shall vacate and secure the property against
DISCUSSION DRAFT A-8 unauthorized entry or the Department shall institute enforcement action as provided in Section 91.9003.3 of this division. Exception: The Department shall give the business operator or property owner of a residential use no less than 30-day notice and no more than 60-day notice to vacate and secure the property. If the property is located within a Rent Stabilization Order (RSO) area, the business operator or property owner may apply for an extenstion of time in which to comply. 91.9003.2.2 Failure to Comply. If the business operator or property owner fails to maintain the property vacant and secured, the Department shall cause the property to be vacated and secured by whatever means the Department determines as reasonable and necessary pursuant to LAMC Section 91.9003.3. The Department shall tell the Department of Water and Power to disconnect utilities, and if necessary, may padlock, barricade and/or fence the property. The business operator or property owner is responsible for all costs incurred by the Department pursuant to this section, including the cost of inspection. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00 to cover the City's costs for administering any contract and supervising the work required. The City may recover these costs through an action before any court of competent jurisdiction. 91.9003.2.3 Relocation Assistance. Whenever the land use that is revoked is a residential use, the relocation assistance procedure of The Tenant Relocation Assistance Program (LAMC Section 163.00) shall apply. The Enforcement Agency shall identify each tenant eligible for relocation assistance, and shall issue an order requiring the landlord to pay relocation benefits in the amounts specified in LAMC Section 163.05. Pursuant to Section 163.02.B of the LAMC, no tenant who has caused or substantially contributed to the nuisance activity giving rise to the order to vacate shall be eligible for relocation benefits. The Housing Department shall follow all procedures pursuant to LAMC Sections 163.04, 163.06 and 163.07. 91.9003.2.4. Vacated Property. No person shall reoccupy any property pursuant to this division until the required clearance(s) and permit(s) are obtained from the Department of City Planning and the Department of Building and Safety. 91.9003.2.5 Posting of Property. When the Department orders the owner to vacate and secure a property, the Department shall post a warning placard or sign in a conspicuous place near the entrance. The placard or sign shall read substantially as follows:. VACATED PROPERTY---DO NOT ENTER BY ORDER OF THE CITY OF LOS ANGELES It is a misdemeanor to enter, to remain, to occupy or be present
DISCUSSION DRAFT A-9 unlawfully in this property. It is a misdemeanor to remove, deface, cover or hide this placard. Sec. 12.27.1 and Sec. 9003 Los Angeles Municipal Code. 91.9003.2.6. Recordation. When the Department serves an order to vacate and discontinue use of property as described in Section 91.9003.1, the Department shall file with the Office of the County Recorder a document stating that the property has been determined to be a nuisance, that its present use has been discontinued and the owner thereof has been notified. After a new land use has been established in compliance with all the provisions of the Los Angeles Municipal Code, the Department shall file with the Office of the County Recorder a document terminating the above-recorded document. 91.9003.2.7. Manner of Giving Notice. The orders described in this division shall be written and may be delivered in person to the property or sent by United States mail in a sealed envelope, postage prepaid, addressed to such person(s) at the address as shown in the title search, the business operator and property owner and person in control of the property, and all occupants at the time the order is issued. Service by mail shall be deemed to have been completed at the time of deposit in the post office. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving notice may be made by an affidavit of any employee of the city that shows service in conformity with this section. 91.9003.3. Violations - Penalties for Disregarding Initial Orders 91.9003.3.1. Failure to Comply. The business operator or property owner or person in control of the property who fails to comply with any vacate order pursuant to this division and to LAMC Section 12.27.1 within the time limits established in this division shall be guilty of a misdemeanor. 91.9003.3.2 Any person who removes any notice or order posted as required in this division shall be guilty of a misdemeanor. 91.9003.3.3 Any person who enters, remains, occupies or is present in a property that has been posted by the Department pursuant to this division shall be guilty of a misdemeanor. This prohibition shall not apply to public officers or public employees acting within the course and scope of their employment or in the performance of their official duties. Notwithstanding any other provision of Los Angeles Municipal Code to the contrary, a police officer with the Los Angeles Police Department shall have the authority to enter any building posted by the Department pursuant to this division, and arrest anyone violating the discontinuance order.
DISCUSSION DRAFT A-10 91.9003.4. Enforcement - Noncompliance with Department Orders 91.9003.4.1. General. If the owner, business operator or person in charge of the property fails to comply with an order issued pursuant to this division within the time set, the Department may institute appropriate action to secure compliance as provided by law for misdemeanor violations, shall have the Department of Water and Power disconnect utilities, and shall barricade, padlock, fence or secure the property by whatever means the Department determines as reasonable and necessary. 91.9003.4.2 Notification. The Department shall obtain a title report listing all persons shown by the county recorder as having an ownership interest or liens or encumbrances or other interests in the real property. The Department shall notify these persons that a lien will be placed against the real property to cover the cost of vacating and securing the property. The notice shall advise of their right to a hearing. Sec 4. Subsection A of Section 163.02 of the Los Angeles Municipal Code is amended to read: SEC. 163.02. ELIGIBILITY FOR RELOCATION BENEFITS. A. Any tenant who is displaced or subject to displacement from a residential rental unit as a result of a notice to vacate or any order requiring the vacation of the residential unit by the Enforcement Agency due to a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to relocation benefits payable by the landlord in the amounts prescribed in Section 163.05. The Enforcement Agency shall determine the eligibility of tenants for benefits paid pursuant to this article. Any tenant who is displaced or subject to displacement from a residential rental unit as a result of a notice to vacate or any order requiring the vacation of the residential unit by the Enforcement Agency due to discontinuance of a land use or discretionary zoning approval by the Director of Planning or City Council pursuant to LAMC Section 12.27.1 (Administrative Nuisance Abatement Proceedings) shall be entitled to relocation benefits payable by the landlord in the amounts prescribed in Section 163.05.