Chapter 11.44 MAINTENANCE AND REPAIR OF HAZARDOUS PRIVATE STREETS

B. “Hazardous private street” means any private street, either improved or unimproved, which is open for access for vehicular traffic and which the director has determined to contain any or all of the following defects:

1. A roadway, the surface material of which has loosened, buckled, split, crumbled, eroded or in any other way whatsoever deteriorated so as to make it unsafe for vehicular traffic or so as to constitute a roadway obstruction to the adequate access by fire, police, health and sanitation and public utility vehicles;

2. A roadway, the surface of which has become blocked in whole or in part by the deposit of earth or other materials thereon, or by reason of any other cause;

3. A roadway, all or any portion of which is likely to collapse because of deterioration, decay, faulty construction or by reason of the removal or movement of any portion of the ground necessary for the support thereof.

C. “Private street” means a parcel of land not dedicated as a public street over which a private easement for road purposes has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street or another private street, and the instrument creating same has been duly recorded or filed in the office of the recorder of Los Angeles County.

D. “Hazardous private drain” means any private drain, either improved or unimproved, which is used for drainage purposes and which the director has determined to contain any or all of the following defects:

1. Any portion of the drain, the material of which has loosened, buckled, split, crumbled, eroded or in any other way whatsoever deteriorated so as to make it unsuitable or unsafe for drainage purposes;

2. Any portion of the drain which has become blocked in whole or in part by the deposit of earth or other materials thereon or therein, or by reason of any other cause;

3. Any portion of the drain which is likely to collapse because of deterioration, decay, faulty construction or by reason of the removal or movement of any portion of the ground necessary for the support or containment thereof.

E. “Private drain” means a natural drainage course, improved channel, pipe, or any combination of same, over or under a parcel of land which has been granted as a private easement for drainage purposes to owners of other properties which contribute water to the “private drain.” The easement may be considered to have been granted if an instrument creating the same has been duly recorded or filed in the office of the recorder of Los Angeles County, or if the property has been used to drain waters from other properties for sufficient time to unquestionably establish easement rights to those other owners to continue to use the “private drain” for drainage purposes. (Ord. 1394 § 16, 1978; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code §§ 23.102, 23.103.)

11.44.020 Maintenance of private streets and private drains.

A. All private streets shall be maintained by the persons having ownership thereof and by the owners of property contiguous or adjacent thereto in such a manner that adequate access by vehicular traffic is provided at all times so that fire, police, health and sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that the vehicles will have adequate turning areas.

B. All private drains shall be maintained by the persons having ownership thereof in such a manner that adequate drainage is provided at all times. (Ord. 1302 § 2, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.100.)

11.44.030 Repair of private streets and private drains – Declaration of purpose.

It is the purpose of the provisions of this chapter to provide equitable and practicable methods, to be cumulative with and in addition to any other remedy available at law, whereby private streets and private drains located within the city, which are a hazard to the life, limb, health, property, safety and general welfare of the people of the city, may be required to be repaired. (Ord. 1302 § 3, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.101.)

11.44.040 Hazardous private streets and private drains – Nuisance.

All hazardous private streets and private drains as defined in CMC 11.44.010 are public nuisances and shall be repaired in the manner hereinafter provided. (Ord. 1302 § 4, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.104.)

11.44.050 Order to repair – Persons entitled to copy.

When the director determines that any private street or private drain is hazardous, he shall serve an order requiring the correction of the hazardous condition. One copy of the order shall be served on each owner of the land constituting the private street or private drain and upon the owner of each contiguous or adjacent parcel of property having an easement in the private street or private drain, as such owners are shown on the last equalized assessment roll of Los Angeles County or as known to the city clerk. (Ord. 1302 § 5, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.105.)

11.44.060 Order to repair – Service.

A. Method of Service. The order to repair shall be served upon all persons entitled thereto, either personally or by certified mail, postage prepaid, return receipt requested, at the address of such persons as the same appears either on the last equalized assessment roll of the county, or as known to the city clerk, or as disclosed in any search of title. If no such address appears, or is disclosed, or is known to the city clerk, then a copy shall be addressed to such persons at the lot or parcel involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

B. Affidavit of Service. The field operations director, upon giving notice as provided herein, shall file an affidavit thereof with the council certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by certified mail. (Ord. 1394 § 17, 1978; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.106.)

11.44.070 Order to repair to be posted.

A true copy of the order shall be posted in a conspicuous place upon each parcel of property involved. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.107.)

11.44.080 Order to repair – Form and content.

The order shall be given upon a form prescribed by the council and shall set forth the street address and the legal description sufficient for identification of the parcel or parcels constituting the private street or private drain. It shall contain a brief statement specifying the defects which cause it to be a hazardous private street or private drain and their location. It shall also contain a statement of the work required to be done in order to correct the defects and place the private street or private drain in a reasonable state of repair in light of its original construction and that no work shall be commenced without first obtaining a written permit pursuant to CMC 11.08.010. The director shall specify therein the time in which the work required to be done must be commenced, which shall not be later than 60 days following the issuance of the order, and shall further specify a reasonable time within which the work shall be completed. The director may extend the time for completion for good cause upon written request for such extension. (Ord. 1302 § 6, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.108.)

11.44.090 Director may order summary closure or closing of hazardous private street.

In addition to ordering the repair of a hazardous private street, the director may order the immediate closing thereof until the repair work has been satisfactorily completed if the director deems that the hazard is extreme. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.109.)

11.44.100 Appeal from order.

Any person served with an order to repair may, at any time prior to the date specified in the order for the work to be commenced, file a written appeal to the city council upon such form as the council prescribes, for a review of any of the requirements of the order. The filing of such an appeal shall stay all requirements of the order until a determination of the matter is rendered by the council. The council shall promptly set a date for the hearing of the appeal and shall, at least 10 days prior thereto, serve and post notice of the date thereof in the manner prescribed by CMC 11.44.050, 11.44.060 and 11.44.070. The council shall make such investigations as it deems necessary and shall, upon the date set for hearing of the appeal from the order to repair, hear and consider evidence offered by any interested person. Thereafter, but in no event later than 45 days from receipt of the appeal, the council shall make written findings of fact as to whether or not the private street or private drain is a hazard within the terms of this chapter, and may affirm, change or modify any of the requirements of the repair order. (Ord. 1302 § 7, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.110.)

11.44.110 Order of the city council.

The order of the city council affirming, changing or modifying the requirements of the order of the director shall be served and posted in the manner specified by CMC 11.44.050, 11.44.060 and 11.44.070. If the order of the council requires the performance of any work, it shall specify the time within which the work required to be done must be commenced, which shall be not later than 60 days following the issuance of the order, and shall further specify a reasonable time within which the work shall be completed. The director may extend the time for completion for good cause upon written request for such an extension. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.111.)

11.44.120 Violations – Penalties for removing any notice or order.

Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.112.)

11.44.130 Failure to comply with order – City may repair private streets and private drains.

Whenever an order to repair any private street or private drain has not been complied with within the time set by the city council or director, or within such additional time as the director may for good cause extend, the city council may cause the private street or private drain to be repaired by such means as the city council may deem advisable. The cost thereof shall thereafter be assessed against any parcel containing the private street or private drain and against those parcels having an easement in the private street or private drain and shall be a lien thereon in the manner hereinafter provided. (Ord. 1394 § 18, 1978; Ord. 1302 § 8, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.113.)

11.44.140 Failure to comply with order.

Whenever the city council has undertaken action to make those repairs required by its order or the order of the director, upon the failure of the owner or other interested party to comply with such order, the owner, person served with the order to repair or other persons having charge or control over the parcels upon which the hazardous private street or private drain is located shall be deemed to have forfeited all further rights and privileges to do such work and are thereafter prohibited from doing any such work on the hazardous private street or private drain, except as the council may otherwise allow. (Ord. 1302 § 9, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.114.)

11.44.150 Costs to be assessed against property – When.

The director shall keep an itemized account of the expenses involved in the repair of hazardous private streets and private drains. Upon completion of the repair, the city council shall proceed to have the cost of repair assessed against each parcel upon which the private street or private drain is located, and against those parcels having an easement in the private street or private drain. The director shall select the method to be used in each separate project subject to confirmation by the city council.

Such costs shall include, in addition to the cost to repair the hazardous private street or private drain, any administrative costs to the city. (Ord. 1394 § 18, 1978; Ord. 1302 § 10, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.115.)

11.44.160 Filing of report – Contents.

The director shall keep an itemized account of the cost involved in the repairing of such hazardous private streets and private drains. Upon completion of the repair, the director shall prepare and file with the city clerk, in duplicate, a report specifying the work done, the cost of the work, a description of the real property upon which the private street or private drain is located, the names and addresses of the persons entitled to notice pursuant to CMC 11.44.050, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. (Ord. 1394 § 18, 1978; Ord. 1302 § 11, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(a).)

11.44.170 Report transmitted to council – Set for hearing.

Upon receipt of the report, the city clerk shall present it to the city council for consideration. The city clerk shall cause the notice of the cost of the repair to be posted upon each parcel of property, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner or owners of the property as their names and addresses appear on the last equalized assessment roll of Los Angeles County or as known to the city clerk. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the date, hour and place when the council will hear and pass upon the report of the director, together with any objections or protests which may be filed as hereinafter provided by any person interested in and affected by the proposed assessment. (Ord. 1394 § 18, 1978; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(b).)

11.44.180 Council hearing – Objections.

At the time set for consideration of the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report as necessary and shall then confirm the report by motion. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(c).)

11.44.190 Total cost – Special assessment.

The total cost for abating such nuisance shall constitute a special assessment against the respective parcel of land to which it relates. After confirmation of the report by the city council, a copy may be turned over to the tax collector for the city to add the amount of the special assessment to the next regular tax bill levied against the parcel of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(d).)

11.44.200 Assessment – Collection.

The director may receive the amount due on the confirmed report and issue receipts at any time prior to turning the same over to the tax collector. The tax collector may collect the assessment by separate billing and issue receipts, without reference to the general taxes, at any time prior to the time the special assessment is added to the next regular tax bill levied against the parcel of land for municipal purposes. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(e).)

11.44.210 Provisions – Not exclusive.

The provisions of CMC 11.44.150 through 11.44.200 shall not in any way limit or restrict the city or the district attorney from enforcing this chapter or other city ordinances, or abating public nuisances, in any other manner provided by law. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.116(f).)

11.44.220 Reassessment.

If any assessment made pursuant to the provisions of this chapter is void or unenforceable for any reason, the council may order a reassessment to be made in accordance with the provisions of CMC 11.44.150 through 11.44.200. (Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.117.)

11.44.230 Interference prohibited.

It is unlawful for any person to obstruct, impede or interfere with the director, his representatives or any authorized employee of the city or with the inspector of any department of this city whenever any such representative of the city council, director, contractor or inspector is engaged in repairing such private street or private drain pursuant to the provisions of this chapter or is performing any necessary act preliminary to or incidental to such work. (Ord. 1394 § 18, 1978; Ord. 1302 § 12, 1975; Ord. 1265 § 1, 1974; Ord. 1245 § 1, 1973; 1964 Code § 23.118.)