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Please see the following information
received regarding the Los Angeles vacant property ordinances. A
copy of the ordinance can obtained by contacting our
offices.
The Responsible Person must lock, barricade or secure all doors,
windows, damaged walls, roofs, foundations and other openings of a
vacant structure. Sec. 98-0706(c). The Responsible Person must also
fence the entire lot containing a vacant structure. Sec.
98-0706(d). See also Sec. 98.0708. See Division 89 of Article 1 of
Chapter IX of this Code for the specific barricading and fencing
requirements. See Sec. 98.0717 for Barricaded and Vacant Structure
Penalty provisions. Specific boarding requirements must be followed
pursuant to Sec. 91.8904.1.
The Responsible Person must remove any waste, rubbish, debris,
flammable, combustible, or hazardous materials from the interior of
and the yards surrounding a vacant structure. Sec.
98.0706(a)(b).
It is unlawful for an owner or person in control of a structure to
allow graffiti to exist on a building if the graffiti is visible
from a public street or alley and any such graffiti must be removed
from the building by washing, sandblasting or painting. Sec.
91.8904.1.
The Responsible Person must post a sign at a vacant structure with
the following verbiage THIS PROPERTY CLOSED TO THE PUBLIC. Sec.
98-0706(e) (citing Sec. 41.24). See also Sec. 98-0708(e). Once the
sign is posted, it is unlawful for any person to enter the
premises.
The Responsible Person must file a written trespass authorization
request with the police department to authorize a peace officers
assistance in removing trespassers. For specific guidelines on this
authorization, please see Sec. 41.24(g).
The
Responsible Person must file a statement of intent on a form
created by the superintendent. The statement must include the
following information: (1) the expected period of vacancy; (2) a
plan for regular maintenance during the vacancy period; (3) a plan
and time line for the lawful occupancy, rehabilitation, or
demolition of the property; and (4) additional information as
required by the superintendent. Sec. 98.0713.
The
superintendent may sent the Responsible Person an abatement notice
upon determining that a structure is vacant and unsecure. If the
abatement notice is not followed, the superintendent may proceed
with the necessary work and recover the costs from the Responsible
Person. Sec. 98.0707. The superintendent has continuous abatement
authority. Sec. 98.0710.
The
superintendent may periodically inspect vacant structures to ensure
compliance with these provisions and impose a fee against the
Responsible Person for the actual cost of these inspections. Sec.
98.0715.
This ordinance was passed in August 1999.
Mike Morrow of the City of Los Angeles was
contacted for clarification regarding the new LA ordinance
requirements as they related to property preservation. The
following outlines the preservation requirements as related to us
by the city.
The City does not
want any security screens placed on a property. Security screens do
not comply with the city ordinances and the City indicated that the
servicer must comply with the City's boarding requirements. While
the City is not requiring the removal of screens where already
placed, they did indicate that they will review this on a
case-by-case basis and if required have the property boarded.
Windows are to be
boarded with screening. The City does not want any security screens
placed on a property. Security screens do not comply with the city
ordinances and the City indicated that the servicer must comply
with the City's boarding requirements. While the City is not
requiring the removal of screens where already placed, they did
indicate that they will review this on a case-by-case basis and if
required have the property boarded.
If there is a wrought
iron door on the front door and it is intact, all the locks on the
security door must be secured. If there are intact wrought iron
secondary doors with working locks, these can be secured with the
existing locks.
All interior and
exterior debris must be removed. Interior debris on pre-sale loans
should only be removed if it is a health hazard (items that will
cause unsanitary conditions).
All graffiti visible
from the street or alley must be removed or painted over.
The City is requiring
an 8' chain link fences permanently installed on all vacant
properties. We informed the inspectors many of the servicers are
having their properties inspected on a weekly basis and all
graffiti and debris is being removed immediately. Some inspectors
stated that this may work in lieu of installing a fence. However,
if the property becomes a continuing problem then the fencing will
be required. This too can be addressed with the inspectors on a
case-by-case basis.
The City is currently
installing signs that state THIS PROPERTY IS CLOSED TO THE PUBLIC,
NO ENTRY WITHOUT PERMISSION, L.A.M.C. SEC. 41.24=94. The inspector
indicated that these signs will need to be placed by the servicer
on each property.
The City is also requiring that another sign be placed on each
property providing the name, address and phone number of both the
owner and the agent in control of the vacant property. Please note,
the city ordinance does not state that the agent must be a
residence of LA.
Mark Morrow : Handles problems
that involve crimes and drugs. He can be reached at (213)
368-7271.
Jim Boller : Handles nuisance properties not referred to Mark
Morrow. He can be reached at (213) 485-7060.
Dan Wray : Also handles nuisance properties and can be reached at
(213) 485-7059.
The following was received from the HOC office
that oversees the Los Angeles and Long Beach areas.
From: "Calvin B Roberts"
<Calvin_B_Roberts@HUD.GOV>
To: Robert Klein <robert.klein@safeguardproperties.com>
cc: Tmassone@goldenfeather.com
Date: Fri, 26 Jan 2001 09:55:44 -0800
Subject: LA Property Preservation for TIMC
Good Morning,
Mr. Klein, I would prefer to deal with these
situations on a case by case basis. Mortgagees should be aware of
the LA Vacant Property ordinance and should comply with same. It is
imperative that all mortgagees timely respond to the City of LA on
all inquiries. If they are experiencing difficulties on particular
properties they are to contact GFR for assistance and/or to obtain
any over allowable approvals that may be necessary.
The City of Los Angeles does not require window
screening. The Los Angeles Area
Local Variation published in ML 97-31 requiring screening is not
longer valid. The only exception is the City of Long Beach which
continues to require window screening. Please comply with boarding
requirements for properties in the Los Angeles Local Variation.
If there are specific problems feel free to
refer the mortgagee to Golden Feather Realty for assistance, and
they may contact me directly at (888)827-5605 extension 3547.
Please see the following advisement we received from HUD Washington
regarding the requirement of bidding and receiving HUD approval
prior to the boarding of properties in the LA pre-approved
screening area.
Please confirm that you will want us to follow
these instructions.
Please note: screening is still required in the
Long Beach area.
Robert
From: Richard Dunne
Subject: Re: LA BOARDING
To: robert.klein@safeguardproperties.com
Cc: Calvin Roberts
Date: Mon, 7 May 2001 10:57:25 -0400
Robert:
As of 3/01/01, Michael D. Tharpe, Chief
Inspector of the Code Enforcement Bureau, Department of Building
and Safety, Los Angeles declared that any new installation or
replacement barricades be of a minimum 3/4-inch exterior grade
plywood in accordance with City specifications.
Until new policy is issued, bids will be
required.
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