For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Building Superintendent" shall mean the Building Superintendent of the Building and Safety Division of the Los Angeles County Department of Public Works.

"Department" shall mean the City Planning Department.

"Owner" shall mean any person or persons having legal title to real property, which includes the right to possess and use that property.

"Real property" shall mean any improved or unimproved real property including all buildings, structures, or other improvement thereon.

"Vacant property" shall mean all or a portion of a private residential, commercial or industrial real property, including yards and other exterior areas, improved with buildings, structures, or other forms of development, that is not used or legally occupied after demolition of a building, structure, or other form of development on the real property and where the owner does not seek, in addition to the demolition permit, either (i) a building permit to authorize construction of a replacement building or structure, or restore a partially demolished building or structure to a habitable condition, or (ii) approval from the Director or the City Council for an alternative use of the real property that does not require a building permit.

(Ord. No. 213U-11, § 3, 9-14-2011)

A.

The Building Superintendent shall not issue a demolition permit to allow the demolition of all or a portion of a principal building or accessory structure, or the removal of all or a portion of a principal building or accessory structure, unless:

1.

A building permit is also issued at the same time to authorize construction of a replacement building or structure, or to restore a partially demolished building or structure to a habitable condition; or

2.

The City Council or the Director has granted approval or conditional approval for an alternative use of the real property that does not require a building permit; or

3.

A landscaping, fencing and maintenance agreement for vacant property, in a form prepared by the Director and the City Attorney, has been executed by the owner and the City, and submitted in accordance with the requirements of this Section.

B.

The landscaping, fencing and maintenance agreement for vacant property required pursuant to subsection (A)(3) of this Section shall, at minimum, address the following terms and conditions as deemed necessary by the Director and the City Attorney:

1.

A requirement that the owner inspect the vacant property on at least a monthly basis to prevent or identify nuisance conditions as described in Section 4.8.010 of this Code and any other violations of this Code.

2.

A requirement that the owner secure the vacant property to make it inaccessible to unauthorized persons at all times.

3.

A requirement that the owner install new landscaping (including vegetation such as trees, shrubs, hedges and plants), hardscape materials (including ornamental walls, fences or other barriers), and irrigation systems in portions of exterior areas of a vacant property within fifteen (15) days of the demolition or removal of the building or structure from the real property (unless the Planning Director authorizes a longer installation period) to mitigate potential blighting impacts and to deter unauthorized entries, dumping, and activities on the property.

4.

A requirement that the vacant property be surrounded by, or have installed adjacent to the property boundaries, a minimum six-foot (6') high fence or hedge acceptable to the Director, or other alternative barrier acceptable to the Director, that is adequate to protect the public safety and welfare, unless the Director determines that the installation of fencing, hedges or other barriers will be detrimental to the public safety and welfare. Any fencing required under this subparagraph (B)(4) shall comply with Section 9.14.050 of this Code and may additionally require screening if the Director finds it necessary in order to protect the safety, streetscape and overall appearance of the site.

5.

A requirement that the owner post and maintain "No Trespassing" signs at the vacant property as required and approved by the City so the Los Angeles County Sheriff's Department is authorized to remove and/or arrest all unauthorized persons from the vacant property.

6.

Any additional conditions the Director deems reasonably necessary to protect the public health, safety and welfare.

C.

Cash security deposit.

1.

In addition to requirements set forth in subsection (A)(3) of this Section and the requirements of the Building Superintendent pursuant to the Los Angeles County Code, as a condition of issuance of a demolition permit, the applicant shall tender a cash security deposit in an amount of five thousand dollars ($5,000) or such lesser amount determined by the Planning Director. The cash security deposit shall guarantee the provision of landscaping, fencing and maintenance of the vacant property in accordance with the agreement described in subsection (A)(3) of this Section.

2.

The cash security deposit shall be subject to deduction by the City for the following charges:

a.

The cost to the City for the Director's time in connection with an initial inspection of the real property that confirms the owner's failure to maintain the real property, or a portion thereof, in compliance with a landscaping, fencing and maintenance agreement; the Director's time to issue one or more correction or violation notices; the Director's time in communicating with the owner, or agents thereof, about correction and violation notices; and the Director's time in to reinspect the real property until the maintenance of a vacant property in compliance with a landscaping, fencing and maintenance agreement. All time expended by the Director for these activities shall be charged at a rate determined by a resolution of the City Council and shall not exceed the City's reasonable administrative costs.

b.

The cost to the City for the Director's time to exercise the administrative procedures in Chapter 4.8 of this Code in order to establish the City's right to abate nuisance conditions on the real property. All time expended by the Director for these activities shall be charged at a rate determined by a resolution of the City Council and shall not exceed the City's reasonable administrative costs.

c.

The costs that are incurred by the City to enter and abate nuisance conditions on the real property with City or contract forces pursuant to an abatement warrant from the Los Angeles Superior Court. For such charges, including any claim for attorney's fees, against the security deposit, the City shall first comply with Sections 4.8.100 and 4.8.110 of the Code.

3.

An owner shall replace any charge the City has taken from the cash security deposit within ten (10) days of receipt of the Director's written notice to the owner of a charge against the cash security deposit (unless the Planning Director authorizes a longer payment period for good cause). The notice shall be addressed to the owner of the property as shown on the latest tax assessment roll at the owner's last known address and shall be delivered by depositing a copy of the notice in the United States mail, postage paid, or personally delivering a copy of the notice to the owner. Failure of an owner to receive this notice shall not waive or excuse the owner's obligation to replace a charge the City has taken from the cash security deposit.

4.

The Director shall refund an unused prorated portion of the cash security deposit to an owner upon:

a.

The reuse or reoccupancy of the real property, thereby rendering it no longer vacant; or

b.

The sale of the vacant property to bona fide purchaser for value.

5.

The tender of the cash security deposit, or the tender of replacement monies for charges against the cash security deposit, does not excuse or waive an owner's failure to comply with any provision of this Chapter. The City reserves the right to exercise any or all of its remedies against an owner in connection with a violation of this Chapter.

(Ord. No. 213U-11, § 3, 9-14-2011)

Notwithstanding any other provision of this Article, the requirements set forth in Section 9.40.020 of this Chapter shall not apply to the following:

A.

The demolition of any accessory structure in the R-1 zone or RPD Zone;

B.

The demolition or relocation of any publicly owned building or structure;

C.

Improvements confined to the interior of a building or structure;

D.

The storefront remodel of a commercial building, if plans for the storefront remodel have been approved by the Planning Director for submittal to the City Council, and the applicant has posted a bond in a form and amount satisfactory to the Planning Director, or other security satisfactory to the Planning Director, to guarantee the safe completion of the demolition, the restoration of the site into a safe condition, and the completion of the storefront in a manner that, in the opinion of the Planning Director, is sufficient to maintain and protect the safety, streetscape and overall appearance of the site and the areas adjacent to the site;

E.

The demolition of any building where one or more of the following exceptions applies:

1.

Prior to the issuance of the demolition permit, the Planning Director determines that an exception is necessary because it is compelled by public safety due to an imminent hazardous condition requiring immediate demolition of the building;

2.

Prior to the issuance of the demolition permit, and pursuant to an application and noticed public hearing under this Section, the City Council grants an exception based upon a finding that a proposed interim use, other than a use requiring a building permit, satisfies a public need, and bonding satisfactory to the City, or other adequate security acceptable to the City, is provided to ensure the safe completion of the demolition and the construction of the proposed interim use of the site approved by the City Council;

3.

Prior to the issuance of the demolition permit, a determination is made by an appropriate government body or agency that there are hazardous materials on or beneath the surface of the subject property which require, as part of a remedial plan approved by an appropriate government body or agency, the demolition of the building before any permit and/or financing to improve the property can be obtained.

(Ord. No. 213U-11, § 3, 9-14-2011)