Los Angeles Municipal Code Art. 3 Powers and Duties in General

Section

22.319 Board of Public Works – General Powers.

22.320 Board of Public Works – Power to Appoint Executive Officer and Chief Accounting Employee; and to Establish Rules.

22.321 Board of Public Works – Powers and Duties Conferred by Law and under Special Assessment and Other Proceedings.

22.321.1 Power of Board to Retain Overpayments on Special Assessments.

22.322 Board of Public Works – Control over Construction, Maintenance and Design of Public Work or Improvement.

• 22.323 Board of Public Works – Power to Acquire Property for Public Work or Improvement.

• 22.324 Document Requiring Signature by Board of Public Works.

• 22.325 Recordation of Notice of Intention to Abate Nuisance.

• 22.325.1 Nuisance Abatement and Assessment Procedures (Weeds, Rubbish, Etc.).

22.326 Board of Public Works Authority to Adjust and Refund Lot Cleaning Charges and Assessments.

22.326.1 Powers, Duties and Functions Related to Land Records.

22.326.2 Powers, Duties and Functions Related to Public Utilities.

In addition to those general powers enumerated in Charter Section 581, the Board of Public Works shall also have the power to exercise all the powers and perform all the duties that are now or may hereafter be conferred or imposed by law upon the Street Superintendent.

SECTION HISTORY

Para. 1 based on Charter, Sec. 78; Para. 2 on Charter, Sec. 231.

Amended by: Ord. No. 173,258, Eff. 6-23-00, Oper. 7-1-00.

The Board of Public Works shall, in accordance with Charter Section 504, appoint the Executive Officer to the Board and the Chief Accounting Employee for the Department. The Board shall establish all necessary rules and regulations for the exercise of the powers conferred in this article, for the governance of the Department of Public Works as authorized in Charter Section 581, and for the regulation and conduct of its officers and employees.

SECTION HISTORY

Based on Charter, Sec. 232.

Amended by: Title and Section, Ord. No. 173,258, Eff. 6-23-00, Oper. 7-1-00; Title and Section, Ord. No. 176,547, Eff. 5-2-05.

In addition to those powers expressly conferred on the Board of Public Works by the Charter, the Board shall have the power to:

(a) Exercise all the powers and duties that are now or may hereafter be conferred or imposed by law upon any Board, officer or commission of the City relating to the approval of the award of contracts for any of the work or improvements mentioned in Charter Section 580;

(b) Exercise all the powers and duties that are now or may hereafter be imposed by law upon any board, officer or commission provided for by law to estimate or determine the benefits, damages and costs incident to a proposed change of grade of, or any improvement of any public street or other place mentioned in Charter Section 580, and the making and levying of assessments upon property to cover such damages and costs.

SECTION HISTORY

Based on Charter, Sec. 233 (1).

Amended by: Ord. No. 173,258, Eff. 6-23-00, Oper. 7-1-00.

(a) The Board of Public Works may retain any overpayment, up to and including one dollar ($1.00), in excess of the amount legally due in any payment on account of principal, interest or penalties on Special Assessments made pursuant to any of the improvement acts codified in the Streets and Highways Code of the State of California or the Los Angeles Municipal Code, or both, and shall place all such overpayments in a special account to be used for the purpose of making up deficiencies in payments received pursuant to Subsection (b) of this section.

(b) The Board of Public Works may accept as full payment of the amount legally due any payment received on account of principal, interest, or penalties on Special Assessments made pursuant to any of the improvement acts codified in the Streets and Highways Code of the State of California or the Los Angeles Municipal Code, or both, which is deficient by no more than sixty-five cents ($.65) of the amount legally due.

(c) Notwithstanding the authority conferred by Subsection (a) hereof, the Board of Public Works may refund any such excess payment upon the filing of a claim therefor as required by law.

SECTION HISTORY

Based on Ord. No. 136,038.

Added by Ord. No. 140,475, Eff. 6-17-70.

The Board of Public Works shall have charge, superintendence and control, except as otherwise specifically provided in the Charter:

Of the construction and maintenance of all real property acquired for the purpose of constructing sewers, streets, avenues, alleys, lanes, boulevards, crossings, courts, bridges, viaducts, subways, tunnels and other subterranean avenues for travel, other real property as enumerated in Chapter 21, Article 1.5, Section 22.500.2 of the Administrative Code and other places and property enumerated in Section 580 of the Charter, except maintenance of buildings, shops, yards and other such structures under the jurisdiction of the Department of General Services;

Of all work and improvement in, on, over or under all such streets, places and property;

Of trees, plants, shrubs and lawns in parkways along public streets; subject to street improvements authorized by the City;

And of the cleaning, sprinkling and lighting of all public ways, streets, avenues, boulevards, alleys, lanes, places and courts; of the design and construction of all public works and improvements belonging to the City; of the disposal of garbage, sewage and street refuse; and all excavations in public streets or other ways of travel herein mentioned (subject to ordinances regulating the same).

SECTION HISTORY

Based on Charter, Sec. 234.

Amended by: 5th unnumbered para., Ord. No. 152,427, Eff. 6-29-79; Ord. No. 171,735, Eff. 10-23-97; Ord. No. 173,258, Eff. 6-23-00, Oper. 7-1-00.

The Board of Public Works shall have power to acquire and take by purchase, condemnation subject to Council authorization as set forth in Charter Section 581 (e), or otherwise, in the name of the City, any and all property that may be necessary or convenient for the construction or completion of any public work or improvement the construction or completion of which the Board of Public Works has charge, superintendence or control, and the cost of which is to be paid from the proceeds of bonds issued and sold by the City, or from any other funds under the jurisdiction and control of the Board available for such purpose.

SECTION HISTORY

Based on Charter, Sec. 234.

Amended by: Ord. No. 173,258, Eff. 6-23-00, Oper. 7-1-00.

All instruments, contracts, warrants, records, certificates, notices, or other documents required to be signed or executed by the Board of Public Works shall be signed on order of the Board, by the president, or two members thereof.

SECTION HISTORY

Based on Charter. Sec. 235.

Whenever the City Council finds or declares that weeds, as that term is defined in Government Code Section 39561.5, on a specific parcel of property constitute a nuisance, and the City acts to abate the nuisance pursuant to Government Code Section 39560 et seq., including notice requirements thereof, and the cost of such abatement is estimated to be $1000 or more, a notice shall be filed for record in the Office of County Recorder by the City Engineer, which states that weeds existing upon the subject parcel of land have been determined by the City to be a public nuisance, that the owner thereof has been so notified, that the estimated cost of abatement is $1000 or more, and that unless the nuisance is abated by the property owner the City shall cause the nuisance to be abated and the cost of abatement of the nuisance, including administrative cost, will be assessed against the parcel and may become a lien thereon.

SECTION HISTORY

Added by Ord. No. 155,308, Eff. 7-10-81.

A. Pursuant to authority provided in Article 1, Chapter 13, Part 2, Division 3 of Title 4 of the Government Code of the State of California, and other applicable law, the City hereby establishes a procedure which may be utilized for abatement of public nuisances consisting of weeds, rubbish or other material dangerous or injurious to neighboring property or to the health or welfare of residents of the vicinity. This procedure is in addition to any other procedure that is currently authorized for abatement of weeds, rubbish, or other dangerous or injurious material. The purpose of this procedure is to enable the City, through its Department of Public Works, to issue a Notice of Violation requiring the owner of any parcel of land or premises as shown on the last Equalized Assessment Roll to remove weeds, rubbish or other materials which may be dangerous or injurious and constitute a public nuisance therefrom or from in front of such parcel or premises and upon a failure of the owner to satisfy the requirement within the time specified, to authorize the City, subject to the procedures herein prescribed, to remove the weeds, rubbish or other dangerous or injurious materials constituting such nuisance and to cause the cost of such removal to become a Special Assessment against the property.

B. Notice of Violation. Whenever a City employee charged with the duty of public nuisance abatement inspection discovers the existence of such public nuisance as that term is addressed in Section 58.02 of the Los Angeles Municipal Code, that employee shall issue a Notice of Violation for the parcel or premises upon which the nuisance is discovered to the person listed as the owner of the parcel of land or premises, as shown on the last Equalized Assessment Roll. Said Notice of Violation shall require that person to remove the weeds, rubbish or other dangerous or injurious materials constituting the public nuisance within 25 days from the date of the notice, or attend a hearing, at a specified time and place, not sooner than 10 days nor longer then 15 days from the date of the notice, to show cause why that person should not be required to cause the removal. A copy of the Notice of Violation shall be posted in a conspicuous place on the parcel or premises and a copy shall also be mailed to the person listed as the owner as shown on the last Equalized Assessment Roll. The Notice of Violation shall state:

(1) The street address, or the approximate street address if no street address has been assigned, and the assessor’s book, page and parcel number and description as shown on the tax roll, of the property on which the nuisance exists;

(2) A specific description of the condition(s) existing on the parcel or premises which violates Subsection A of Section 58.02 of the Los Angeles Municipal Code;

(3) That the condition(s) constitute(s) a public nuisance;

(4) That the owner is required to abate the nuisance within 25 days from the date of the notice or to appear at a hearing conducted by the Board of Public Works, or its designee, at a time, date and location specified in the notice.

(5) That upon any such appearance the owner will be given the opportunity to present and to elicit testimony and other evidence to show cause why the alleged nuisance should not be abated by the owner or if the owner does not do so, by the City using its own forces or through contract;

(6) That such appearance may be made by the submission of written materials if they have been received at the mailing address specified in the notice prior to the scheduled hearing;

(7) That in the event the nuisance is not abated by the owner on or before the date specified for abatement in the notice, and cause has not been demonstrated at the specified hearing to the satisfaction of the Board of Public Works or its designee why the City should not abate the nuisance, the City may, by its own forces or by contract, abate the nuisance forthwith or as soon as reasonably possible thereafter;

(8) That the cost of abatement by the City, including administrative costs and overhead, shall become a special assessment against the parcel or premises, which, upon confirmation by the City Council and recordation of the order of confirmation in the Office of the County Recorder, shall cause a lien to attach to the property.

C. Pre-abatement Hearing. The matter shall be scheduled for hearing before the Board of Public Works or its designee (hereinafter, “the Board”) on the date and time specified in the Notice of Violation for a hearing. In the event the nuisance is determined not to have been abated prior to the hearing, the Board shall determine whether the condition(s) existing on or in front of the property constitute(s) a public nuisance in violation of Subsection A of Section 58.02 of the Los Angeles Municipal Code. The person notified to appear, or the actual owner of the parcel or premises in the event the person notified is not the owner, or any person representing the owner, who attends the hearing, shall be given an opportunity to present and to elicit testimony and any other evidence to show cause why the alleged nuisance should not be abated by the owner or by the City using its own forces or through contract. The Board shall proceed with the hearing whether or not such person is in attendance. Written material shall be considered by the Board if it is received prior to the scheduled hearing. At the conclusion of the scheduled hearing, the Board shall make a determination either that the City lacks cause to require the abatement or that the condition(s) constituting the nuisance shall be abated forthwith or as soon as reasonably possible thereafter. The person notified to appear, and any other person who appeared at the scheduled hearing as, or on behalf of, the owner, either physically or by the submission of written material, shall be notified in writing of the determination of the Board.

D. Abatement. Subsequent to notice being given by the Board as required by Subsection C of this section, but not prior to the abatement date specified in the Notice of Violation, the City or its contractor may enter upon the parcel or premises and abate the nuisance. Notwithstanding any provision of this article, the City may at any time exercise its lawful authority to summarily and immediately abate any public nuisance posing an imminent danger to the public health or safety.

E. Cost of Abatement. The cost of abatement of the nuisance shall include the administrative costs and overhead of the City and the cost of work performed by City forces or by contractor(s) under contract(s) awarded by the Board on the basis of competitive bids to the lowest and best regular responsible bidder. In the event a contract has been awarded, the contractor shall keep a complete account and submit an itemized written report with respect thereto to the Board upon completion of the abatement work.

F. Determination of Costs. The Board shall establish the cost of the abatement work performed by City forces or by City contractor(s). Notice of the date and time the Board will consider the matter shall be given to the owner as shown on the last Equalized Assessment Roll and to any other person who was previously given Notice of Violation in connection with the nuisance abated. The notice shall identify the property by location, the nature of the condition which has been abated, and the cost of the abatement and proposed assessment, and shall also state that the person may appear at the date, time and location specified therein to present objections, if any, to establishing the cost and proposed assessment as set forth therein. The notice shall further state that a failure to appear may result in the cost being established as proposed, that a cost established by the Board shall be recommended to the City Council as a special assessment against the parcel or premises; and further, that if the assessment as recommended or as modified by the City Council is confirmed pursuant to Subsection G of this Section, a lien shall attach to the parcel or premises upon recordation of a copy of the order confirming the assessment in the Office of the County Recorder.

On the date and time fixed to consider the matter, the Board shall consider an evidence presented regarding the proposed assessment, and at the conclusion thereof, shall fix the cost of the abatement work and prepare a report to the City Council summarizing the matter and the evidence received therein. The Board shall forward its report and any recommendations with respect thereto to the City Council for proceedings on the matter of confirmation of the assessment.

G. Confirmation of the Assessment. Upon receipt of the report of the matter from the Board, the City Clerk shall calendar the matter for City Council proceedings to consider confirmation of the assessment. Persons who appeared at the Board hearing to determine the cost of the abatement work shall be given notice by the City Clerk of the date and time when the City Council will consider confirmation of the assessment. The date and time specified shall be at least 15 days after notice is given. The notice shall also state that interested persons may inspect the Board’s written report at the location specified therein and that objections to the report, if any, will be accepted in written form by the City Clerk until 5 days prior to the date specified in the notice of City Council consideration of the matter. Upon consideration of the written materials submitted, the City Council may:

(1) confirm the assessment as recommended by the Board;

(2) reduce the assessment, adopting findings in support thereof, and confirm said modified assessment;

(3) disallow the assessment; or

(4) return the matter to the Board with specific instructions regarding additional issues to be considered or evidence to be taken by the Board.

In the event the matter is returned to the Board, the Board shall give written notice to all persons previously noticed in connection with the nuisance abated that there will be further proceedings on the issues or evidence specified by the City Council. The notice of the date and time of those proceedings, the procedures to be followed by the Board in conducting those proceedings, and the report of the Board with respect thereto shall conform to the requirements and procedures contained in Subsection F of this section. Upon resubmittal of the matter to the City Council, the Council shall proceed as hereinbefore set forth in this subsection.

The action of the City Council in adopting a proposed decision or a modified proposed decision and an order confirming as assessment shall be final.

H. Collection of the Assessment. After an assessment is made and confirmed by the City Council pursuant to Subsection G of this Section, the order confirming the assessment shall be recorded by the City Clerk in the Office of the County Recorder and, upon recordation of the order, a lien shall attach to the property upon which the nuisance was located. The collection of the costs shall be made by direct billing or by assessment and enforcement of the lien in the manner provided in Sections 39578 through 39588 of the Government Code, which are incorporated herein by reference as set forth on the effective date of this section or as said provisions may be amended from time to time or otherwise appear in the law.

I. The provisions of Los Angeles Administrative Code Section 22.326 shall not apply to proceedings governed by this section.

SECTION HISTORY

Added by Ord. No. 160,172, Eff. 8-22-85.

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.