LETTER OF PROTEST VIA PERSONAL SERVICE & VIA

Transcription

1 Maria Mojica 2501 Yorkshire Drive Los Angeles CA LETTER OF PROTEST VIA PERSONAL SERVICE & VIA City Clerk 200 N. Spring, Room 395 Los Angeles CA Attn: Clerk of the Council RE: Single Family Dwelling- Owner Occupied 2463 N. Yorkshire Drive, Los Angeles CA (APN ) On February 26, 2016, the Planning & Land Use Management signed a Motion for a moratorium title "Lien Process Reform/Department of Building and Safety" due to liens appearing improperly agendized for Council confirmation (Council File: ). My property is exempt from a lien because it is an owner-occupied residential dwelling that contains 10 lots that are tied to my home. The City of Los Angeles placed a Covenant and Agreement to Hold Property as One Parcel, including Lot 53- APN The City of Los Angeles requires that Lot 53 "be held as one parcel and no portion thereof will be sold separately... or until released by the authority of the City of Los Angeles." (County Recorder's Office Instrument No ). Therefore, my property is an owner-occupied property in which a lien "shall not apply to owner-occupied residential dwelling units." California Government Code (3). In regards to the 2012 Code Violation Inspection Fee (CVIF) of $1,288.56, this was paid in full per LADBS Staff on February Furthermore, I did NOT received NOTICE of any other CVIF fees or that late fees will incur. FACTS: On January 17, 2012,1 received notice of the CVIF due in 30 days (due: February 17, 2012). This notice was moot when I filed an appeal with the LADBS-Board of Building and Safety Commission (BBSC) to waive the CVIF due to financial hardship since my "salary is not sufficient to meet my family s daily needs" after the City of Los Angeles laid me off from my former position. On April 24, 2012, the LADBS-BBSC denied to waive the CVIF. After the hearing, Mr. Raymond Chan and Javier Landeros were sympathetic to my economical situation, and attempted to assist me by indicating that that the appeal fee was going to be

2 applied to the CVIF. Afterwards, I did not receive a NOTICE to pay a CVIF fee or that Late Fees will incur for order #A On March 3, 2016,1 received a NOTICE from LADBS Staff Ms. Chilsolm that I need to pay a total of $1, This includes: - 1/31/12- Fee: $ CVIF fee 3/07/12- Fee: $ CVIF-GENERAL LATE FEE Plus interest As I indicated, I did NOT receive a NOTICE to pay the CVIF or that a late fee will be assessed after the BBSC hearing of April 24, If so, the LADBS bill should reflect a new date when the CVIF will be due, which will then trigger the Late Fee after April 24, 2012, not March 7, (See March 3, 2016 statement) Had the LADBS provided me with a NOTICE, the CVIF and General Late fee should have been after April 24, This supports my Letter of Protest that I relied on LADBS Staff that the appeal fee would be applied to the CVIF, and the fact that I did NOT receive NOTICE to pay the CVIF or that I would be subject to Late Fees. I should not be penalized for LADBS errors. Furthermore, this January 2012 CVIF request send to me is past the 3-year statue of limitation to collect a fee, if any, and is prejudicial to me as LADBS staff does not remember and Javier Landeros already retired. Therefore, the City should not record a lien on my owner-occupied residential dwelling. Sincerely, Cc: Mayor Council Members Raymond Chen Jeffrey Christian

3 February 19, 201 RE: 2463 N. Yorkshire Drive, Los Angeles CA (APN ) On February 9, 2016,1 received a Notice of Hearing of hearing dated January 15, 2016 regarding 2463 N. Yorkshire Drive, Los Angeles CA {APN ). I respectfully request that you don't approve the recordation of a lien for $1, because the Order to Comply and Notice Fee with effective date of January 17, 2017 was paid in full. On April 24, 2012, the Board of Building and Safety Commissioners denyed to waive the Code Violation Inspection Fee (CVIF). Furthermore, the Board instructed RAYMOND CHAN (Executive Officer) to apply the appeal fee to the CVIF. Mr, Chan was in accord and instructed his staff to convert the appeal fee towards the payment of the CVIF. Inspector Javier Landeros was also in accord that he himself will apply the appeal fee to the payment of the CVIF fee. Mr. Landeros also indicated that no late fees will be assessed since Ms. Mojica already made the payment of this appeal fee. I declared that I did not receive any other notice that there was an outstanding fee. I respectfully request that the Council should not record a lien on my property since the Board approved it as paid in full. T?r: >s m. Maria D. Mojica /I Cc: Raymond Chan Javier Landeros cz* or* 1-1 HI CD

4 MOTION The Los Angeles Department of Building and Safety (LADBS) lien process is in need of reform. On a weekly basis LADBS requests to place several dozen proposed liens for nuisance abatement and code enforcement non-compliance on City Council agendas for official confirmation. The owners of the affected properties often exercise their right to a public hearing in order to challenge the findings of LADBS. While the City Council is the last step in the lien process, far too often it appears to be the first and only opportunity a constituent has to not only challenge the lien, but to dispute the original notice of non-compliance. Particularly concerning is how frequently liens appear to be improperly agendized for Council confinnation due to apparent errors on the part of LADBS. Recent examples of liens improperly placed on a City Council agenda include: Owner-occupied properties; Properties where the owner is deceased; Duplicate liens for a single violation, even after a case was resolved or the lien was paid in full; Property owners not properly notified of code violations, including original notices of non-compliance returned to LADBS as undeliverable by the Postal Service. In one instance, not only was a duplicate lien recommended for confirmation on a property in error, but LADBS failed to recognize it as an owner-occupied single family dwelling properties that are exempt from lien processing. In another case, a property was ultimately determined to be non-compliant following a protest, but it was still in need of rescission once LADBS realized it was in possession of the original notice of non-compliance, which had been returned as undeliverable by the United States Postal Service. It is in the best interests of our constituents, the furtherance of good government, and the efficiency of City Council meetings to explore new processes, options, and reforms to the current Department of Building and Safety lien process. The intervention of City Council staff following protest hearings has been key to identifying many LADBS processing errors. Through these hearings, property owners routinely reference circumstances that relate back to the original violation facts that Councilmembers and their staffs are neither privy to, nor qualified to adequately address. As a first step towards improving the current process, LADBS should assign an additional staff member to Council Chambers who is fluent in the particulars of the individual code violations, can properly respond to statements made in the hearing, and can answer specific questions. Until meaningful action can be taken to address LADBS processing errors, it is appropriate to impose a moratorium on the Council s confirmation of liens.

5 I FURTHER MOVE to instruct LADBS report relative to steps that can be taken to improve the current process for nuisance abatement and code enforcement non-compliance liens, including: 1) strengthening departmental processes to better identify internal errors prior to requesting Council confirmation; 2) assigning the appropriate staff to Council meetings to address the specifics of the original violations; and 3) improving mechanisms to properly notify property owners of violations and liens, including the use of services such as Certified Mail. PRESENTED BY: SECONDED BY: HERB L WESSON. JR.,./ Councilmember, 10 th District /- ^y,/ /e7iy rf y y / // 7 / / / MIKE BONIN Councilmember, 11th District 0 c

6 L E A D S H E E T SEQ: 18 DAR - Title Company (Hard Copy) 55 AIk,

7 RECORDING REQUESTED BY: North American Title Co. AND WHEN RECORDED MAIL TO: Mrs. Maria D. Mojica 707 El Atajo St. Mount Washington, CA

8 ascordeh AT THE ESOUEST Or THE CITY OP LOS ANOELS5 The undersigned hereby certify That they are The owners of The hereinafter legally described property in The City of Los Angeles, County of Los Angelos, State of California: Lots 35,36,37,33,39,53,54,55,56 one! 57, Tract No. 8255, as pear map recorded in Book 35, Page 50, of Maps ''in* } FEE $7 And, in considerat inn of the elimination of -the requirement tor the recordation of a new tract map, and to meet a condition for VAC the vacation of the public street or alley, entitled: YORKSHIRE DRIVE BETWEEN APPROXIMATELY 650 PBBT Awu 900 FEET NORTHERLY OK LAVELL DRIVE AND THE ADJACENT WALK* pfx-poiwj to Le vficsted by action of th$ City Course I I, under Coyr.cl i File Me ;,Tn the office of the Los Angeles County Recorder; does hereby covenant and agree wif^h The City of Los Angeles,, a municipal corporation, that teach of 3 the above legally described Parcels of Land together with the area proposed to be vacated by said proceed Ingsr which would pass with conveyance of the said lot(s), or by operation of law; wm! be hold as one parcel and no portion thereof will be said separately until such time as a new tract map or parcel map Is recorded over said area or until released by authority of The City of Los Angeles. ft It Is further provided that a breach of the foregcl-ng covenant and agreement shall not defeat nor render Invalid the I ien of any mortgage or deed of trust made in good faith and for value as tc said premises or any part thereof.

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10 3/24/2016 'Uiij' r! Home,. Home Customs. [LrJnvoicesj Reports : ^Payment :. /bonds %e Admin : 1.OgOUt jhonie Invoiced to: MOJICA MARIA D MOJICA 2501 YORKSHIRE DR GLASSELL PARK, CA Invoice Maintenance Customer Account # Authority L.A.M.C. Section ALL INVOICES ARE DUE UPON RECEIPT Thursday, March :18 AM Invoice #: Invoice Print Date: 01/31/2012 Invoice Type: CODE VIOLATION INSPECTION FEE Invoice Status: Department Control Number CODE VIOLATION INSPECTION FEE (CVIF) An inspector has identified and verified one or more violation(s) of the L.A.M.C. The department is imposing the Code Violation Inspection Fee in accordance with L.A.M.C. Section Order Date: 01/17/12 Job Address: 2463 N YORKSHIRE DR Case No: Order Number: Failure to pay this invoice may result in a LIEN against the property pursuant to L.A.M.C. Section and L.A.A.C. Section and CVIF - GENERAL H /31/2012 SYS DEV SURHG 48R /31/2012 CVIF - GENERAL LATE FEE H /07/2012 SYS DEV SURHG LATE FEE $ $20.16 $ $50.40 CVIF - GENERAL INT H /01/2012 CVIF - GENERAL INT H /08/2012 CVIF - GENERAL INT H /15/2012