Friday, September 28, 2007

Odds and Ends 32- Bob's Blight

It has been only two days since I last created an Odds and Ends, but that does not mean I haven't been thinking about things.
_____________________________________________

Lots of us are concerned about Bob's blight and his creation of a ghost project at Ponte Vista.

I feel that the real power to confront L.A. leaders and bureaucrats about dealing with the blighted property, which is a nuisance to look at, drive by, and may be hazardous to surrounding residences in the City of Los Angeles, should come first from the residents and citizens of the City of Los Angeles.

It does little good for someone like me who does not live in the City of L.A. to complain on behalf of myself and/or my neighbors because we don't have the power of the ballot behind us in the fight and we may not have standing in a litigation that could be considered.

Residents of the City of L.A. along with Homeowners Associations, Neighborhood Councils, and other impacted groups would have more influence, I believe, to try to get Bob to clean up his mess.
___________________________________________________

I have taken some time lately to begin dealing with the L.A. Municipal Code. I have found some interesting ideas to put forward and some codes that may apply to get Bob to clean up the property.

Here are some ideas that came up while I was reading parts of the code:

I don't know if the abandoned dwellings at Ponte Vista have asbestos in them, but I know that asbestos was used in construction when those buildings were built.

There are codes dealing with fire protection and keeping abandoned buildings from becoming fire traps by sealing broken window, clearing dead brush, cleaning up rubbish and debris. These codes appear to have been created to keep any fire started on a property from spreading to nearby areas.

In my most recent drive past Ponte Vista I have noticed dead brush, broken windows that have not been properly covered to comply with coding, rubbish and debris piled on the private streets, and other things that might be considered violations of L.A. Municipal codes.
________________________________________________

This next bit is about nuisances created by abandoned buildings and vacant areas. It is three sections of the Los Angeles Municipal Code. These codes may seem long, but I feel they apply in this instance.

SEC. 58.01. NUISANCES – SUMMARY ABATEMENT.
(Amended by Ord. No. 175,596, Eff. 12/7/03.)

When the Health Officer, acting under any authority vested in him or her, orders the abatement of a nuisance or condition within the City of Los Angeles that endangers the public health, safety and welfare, and the person or persons responsible for the creation or maintenance of the nuisance fail to comply with the order, the Health Officer may request the Department of Public Works or any other department having the necessary workforce and equipment, to perform the work required to abate the nuisance.

All costs incurred pursuant to this section shall be a personal obligation against the person or persons responsible for the creation or maintenance of the nuisance and the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. 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. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

SEC. 58.02. WEEDS, RUBBISH, ETC. – PUBLIC NUISANCE.
(Added by Ord. No. 160,171, Eff. 8/22/85).

A. The City Council finds that weeds (as defined in Article 2, Chapter 13, Part 2, Division 3 or Title 4, commencing at Section 39560 of the Government Code of the State of California), rubbish and other material dangerous or injurious to neighboring property or to the health or safety of residents of the vicinity constitute a public nuisance.

B. Every owner of any parcel of land or premises who, after receiving notice as provided by Subsection B. of Section 22.325.1 of the Los Angeles Administrative Code, fails to abate a public nuisance thereon consisting of weeds, rubbish or other material dangerous or injurious to neighboring property or to the health or welfare of residents of the vicinity by the date specified in the notice or the date upon which the City is authorized to abate the nuisance pursuant to Section 22.325.1 of the Los Angeles Administrative Code, whichever date is later, is guilty of a misdemeanor.

SEC. 58.03. NUISANCES – SUMMARY ABATEMENT OF MOSQUITO BREEDING SOURCES.
(Added by Ord. No. 176,240, Eff. 10/23/04.)

A. Any standing water on private property which has become a breeding source for mosquitoes is hereby declared to be a public nuisance and an immediate threat to the public health safety and welfare of the citizens of Los Angeles.

B. When the Health Officer or an officer of any Los Angeles County Vector Control District acting under any authority vested in him or her finds any standing water on private property which has become a breeding source for mosquitoes, said officer may issue a written order to abate the standing water or other condition within the City of Los Angeles that endangers the public health, safety and welfare of the citizens of Los Angeles. The owner or other person or persons responsible for the private property where the breeding source was found shall have 72 hours to abate or eliminate the condition which created the breeding source for mosquitoes. Upon the issuance of the notice to abate the nuisance created by the breeding source for mosquitoes, the owner or other person or persons responsible for the private property may at no cost to the owner or responsible person request that the vector control district abate the standing water as a source of breeding mosquitoes. The owner or responsible person may also choose to abate the nuisance within the 72 hours allowed. Any owner or responsible person who fails to comply with a 72 hour nuisance abatement order issued pursuant to this section shall be guilty of a misdemeanor pursuant to L.A.M.C. Section 11.00(m).

C. If any officer as described in this code who is lawfully on private property finds a nuisance as described above and is unable to contact the owner or other person or persons responsible for the private property in question within twenty-four hours, said officer may summarily abate the nuisance at no cost to the owner or responsible person. If a nuisance has been abated without the knowledge or permission of the owner or other responsible person, then the abating officer shall post a notice on the property in a prominent place that explains exactly where and what steps were taken to abate the nuisance.

D. If an owner or responsible person who has been cited to abate a nuisance within 72 hours fails to do so, any officer described herein may then summarily abate the nuisance. All costs incurred to abate the nuisance pursuant to this section shall be a personal obligation against the owner or person or persons responsible for the creation or maintenance of the nuisance, recoverable by the abating organization in an action before any court of competent jurisdiction. 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 costs for doing the work, administering any contract to do the work and/or supervising the work required. In addition to this personal obligation and all other remedies provided by law, the abating organization may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
________________________________________________

http://www.lacity.org/atty/atycb1b2c.htm

Above is the address for learning about a program to deal with problem properties. This program appears to deal with primarily smaller sites and ones that are not guarded, but I am not so sure the guard(s) at the Ponte Vista site can be everywhere on the property, all at the same time.

All one needs to do is view the graffiti on any of the old units, even the ones surround by dead weeds to know that the site cannot be protected when folks wish to trespass. I don't think the surrounding neighbors in San Pedro or elsewhere should be required to continue to have to live with the conditions as they currently are, at Ponte Vista.

Below is a copy of the page dealing with the program.


Office of the City AttorneyRocky Delgadillo

CITYWIDE NUISANCE ABATEMENT PROGRAM (CNAP)

The Office of the City Attorney Citywide Nuisance Abatement Program is a coordinated, multi-agency task force charged with targeting abandoned structures, nuisance properties and blight plaguing neighborhoods throughout Los Angeles. The CNAP program is comprised of personnel from five participating agencies: the Office of the City Attorney Office, and the City of Los Angeles Police, Housing, Planning, and Building and Safety Departments.

CNAP spearheads a number of specialized, community-based programs designed to target and prevent criminal activity and improve the quality of life in Los Angeles's (sic) neighborhoods.
Problem Property Resolution Teams (PPRT's) identify and pursue abatements against nuisance properties, and also develop long-term strategies to criminal and nuisance activities in designated neighborhood block projects.

The Narcotic Eviction Team (NET) assists property owners in evicting tenants who engage in narcotics activity or gang-related crime.

The Narcotics Enforcement Surveillance Team (NEST) coordinates law enforcement and prosecution resources to effectively remove conspicuous drug markets from residential neighborhoods.

Kid Watch LA recruits and coordinates volunteers who assist the police in ensuring that children have safe paths to and from schools.

Operation Healthy Neighborhoods (OHN) targets quality of life crimes and code violations in designated areas.

CNAP encourages participation from residents and local area businesses in solving the crime issues and problem properties plaguing Los Angeles's (sic) neighborhoods.
To report abandoned buildings, or buildings plagued by ongoing nuisance activity, such as narcotics dealing, prostitution, or gang activity - Call the Citywide Nuisance Abatement Program hotline (310) 575-8934 or email neighborhood@atty.lacity.org

Problem Property Resolution Teams (PPRT's)

Problem Property Resolution Teams (PPRTs) are staffed by personnel from five core participating agencies:
The Office of the City Attorney Office
Los Angeles Police Department (LAPD)
Department of Building and Safety (LADBS),
Housing Department (LAHD)
Planning Department

PPRTs receive referrals of problem properties and neighborhoods from Council Offices, the police department, other city agencies' personnel, area businesses, and residents. Once referrals are received, the CNAP prosecutors assigned to the PPRTs are responsible for:
Narcotics and Vice Building Abatements: abating narcotics, vice, and other nuisance activity at occupied residential and commercial locations;
Abandoned Building Abatements: abating vacant structures, open to unauthorized entry, which are sites of drug, gang, or other criminal activity or which are considered fire hazards.
Neighborhood Block Projects: in conjunction with the Narcotics Enforcement Surveillance Team (NEST), implementing neighborhood block projects in each of the LAPD's four geographic bureaus, with efforts focused on crime reduction and prevention, physical improvements and enhancements, and community outreach.
______________________________________________

I strongly hope that individual residents, groups of residents, and organizations representing homeowners in San Pedro/City of Los Angeles can start working harder on getting Bob to either clean up his blight, or have the City of L.A. do it and charge Bob Bisno.
______________________________________________

The construction of Marshall's continues, but I don't have an opening date yet.
______________________________________________

The Candidates' Forum for the Rancho Palos Verdes City Council election is scheduled for October 18, 2007 at Crestwood Street Elementary School. I will have lots more information next week on a separate post.
______________________________________________

No comments: