§ 13.90.070. Temporary closing order; defendant's remedies.  


Latest version.
  • A.

    A temporary closing order shall be vacated, upon notice to the district attorney or the county counsel, if the defendant shows to the satisfaction of the court, by affidavit and such other proof as may be submitted, that the public nuisance has been abated and will not be created, maintained, or permitted for such period of time as the property has been directed to be closed in the order; or in the alternative, the defendant posts a bond in an amount equal to the full assessed value of the property where the public nuisance is being conducted, maintained, or permitted, or in such other amount as may be fixed by the court, and shows to the satisfaction of the court, by affidavit and such other proof as may be submitted, that the public health, safety and welfare will be adequately protected during the pendency of the action. The aforementioned proof shall additionally include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no nuisances are created, maintained, or permitted on the property during the pendency of the action. The Bond and Undertaking Law of the Code of Civil Procedure, sections 995.010 et seq., shall be applicable to the provisions of this chapter requiring the posting of a bond.

    B.

    An order vacating a temporary closing order shall include a provision authorizing agencies of the county of Los Angeles to inspect the property, which is the subject of an action pursuant to this chapter, periodically without notice, during the pendency of the action for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of or resistance to an inspection provision of an order vacating a temporary closing order, in addition to any other punishment prescribed by law, shall be a misdemeanor, which shall be punishable, on conviction, by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both.

(Ord. 2008-0020 § 1 (part), 2008.)