§ 98.0403

(Former Sec. 98.0403 Redesignated by Ord. No. 165,310, Eff. 12/31/89.)

(a) Powers of the Department.

1. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce all ordinances and laws relating to the construction, alteration, repair and demolition, or removal of buildings or structures in the City, and to the installation, alteration, repair, use, and operation of all heating, plumbing, lighting, ventilating, refrigerating, electrical and mechanical appliances and equipment in those buildings or structures.

2. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce all ordinances and laws relating to the construction, alteration, repair, removal or installation of elevators, escalators, console and/or stage lifts, incline cars, manlifts (including any other personnel lifts), personnel hoists, steam boilers, pressure vessels and all connections and appurtenances pertaining to their proper functioning.

3. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce the zoning ordinances of the City.

4. (Amended by Ord. No. 171,455, Eff. 1/30/97.) The Department shall have the power and duty to enforce all ordinances and laws relating to grading and control of excessive dust emission.

5. The Department shall have the power and duty to enforce all portions of the Rules and Regulations of the State Fire Marshal which relate to the construction, alteration, repair, demolition, or removal of buildings, or structures, and to the use and operation of all heating, plumbing, lighting, ventilating, refrigerating, electrical, and mechanical appliances therein. Provided, however, that no application for modification of specific provisions of the Rules and Regulations of the State Fire Marshal shall be granted by the Department, unless and until such application shall be first submitted to the Chief Engineer of the Fire Department or the Chief’s representative for report and recommendation with respect thereto.

6. The Department shall have the power to enforce those building regulations mandated by State or Federal law to be enforced by the local building Department or building official.

7. The Department shall have the power to enforce States laws relating to buildings, structures and construction activities provided the authority to do so has been allowed or granted by the State and the Department has determined to undertake such enforcement.

8. The Department shall have the power to enforce other ordinances and laws when designated to do so by law.

9. In the exercise of the powers enumerated in this subsection, the Department shall have the power to apply the building ordinances of the City ( Chapter IX of the LAMC) and those building regulations mandated by state law to be enforced by the local agency, building Department or Building Official to buildings and structures containing one or more air space lots as defined in Article 2, Chapter I of the LAMC so as to treat the entirety of such buildings or structures as if they were on or within a single lot, provided: (Amended by Ord. No. 185,587, Eff. 7/16/18.)

i. That such buildings or structures or portions thereof would otherwise conform to such ordinances and regulations, but for the creation of such air space lots; and

ii. That a covenant and agreement, in a form designed to run with the land and satisfactory to the Department be recorded with the Office of the County Recorder and a copy filed with the Department by the owners binding themselves and future owners and assigns to keep, preserve and maintain all portions of such buildings or structures in accordance with and pursuant to such building ordinances and regulations.

10. (Amended by Ord. No. 170,141, Eff. 1/2/95.) The Department shall have the power to hear and act upon requests for slight modifications in individual cases to the building ordinances of the City, and regulations under Articles 1 through 8 of Chapter IX of the Los Angeles Municipal Code.

In granting a request for a slight modification, the Department shall determine that the slight modification is reasonably equivalent to the ordinance requirement involved, that a special individual reason makes the strict letter of the ordinance impractical and that the slight modification is in conformity with the spirit and purpose of the code or codes involved.

11. (Added by Ord. No. 170,141, Eff. 1/2/95.) The Department shall have the power to hear and determine requests for slight modifications for individual cases in the yard area requirements of the zoning ordinance, provided that in each such modification, the Superintendent shall first find that a special, individual reason makes the strict letter of the ordinance impractical and that the modification is in conformity with the spirit and purpose of the ordinance involved. Any action granting a modification shall be recorded and entered in the files of the Department.

For structures and additions constructed after January 1, 1995, slight modifications from the yard requirements shall be limited to deviations permitting portions of buildings to extend into a required yard or other open space a distance of not to exceed 20 percent of the width or depth of such required yard or open space. However, for structures and additions existing prior to January 1, 1995, slight modifications may be granted for yard deviations slightly over 20 percent.

tions from the yard requirements shall be limited to deviations permitting portions of buildings to extend into a required yard or other open space a distance of not to exceed 20 percent of the width or depth of such required yard or open space. However, for structures and additions existing prior to January 1, 1995, slight modifications may be granted for yard deviations slightly over 20 percent.

Except as expressly provided herein, the Superintendent of Building shall not grant deviations from the lot area, height, or density requirements. Further, the Superintendent shall not grant deviations from the yard requirements relating to the height of fences and walls, or including those for tennis or paddle tennis courts and other game courts.

If the yard regulations cannot reasonably be complied with or it is difficult to determine their application on lots of peculiar shape or location, then the regulations may be modified or determined by the Superintendent of Building. The Superintendent may also waive all or part of the required loading space on unusually shaped lots, oddly located lots, or hillside lots, when such space cannot reasonably be provided or utilized.

Requests for yard modifications as provided in this subsection shall be made in accordance with the procedures established in Section 98.0403.2 of the Los Angeles Municipal Code.

12. (Amended by Ord. No. 173,364, Eff. 7/29/00.) The Department shall have the power to enforce any administrative nuisance abatement determination made by the Zoning Administrator, former Board of Zoning Appeals, City Planning Commission, Director of Planning or City Council. There shall be no administrative appeal to any City official or Board from such an enforcement action by the Department.

(b) Powers of the Board.

1. (Amended by Ord. No. 175,428, Eff. 9/28/03.) The Board shall have the power to hear and act upon appeals filed by any person aggrieved by the Department requesting a slight modification under this section, except for those actions permitted in subsection (a)11.

If the Board grants a slight modification on appeal, then the Board shall make the same findings as required by the Department when acting on a slight modification.

2. (Amended by Ord. No. 175,428, Eff. 9/28/03.) The Board shall have the power to hear and determine appeals from orders, interpretations, requirements, determinations, or actions of the Department pertaining to enforcement of specific ordinances, regulations, or laws in site-specific cases. These appeals shall state how the Department has erred or abused its discretion in the matter of the appeal. The Department shall provide the Board with a written report on the appeal. The Department, however, may reverse or modify the action appealed at any time prior to final action by the Commission. The Board shall hear and make its determination on the appeal no later than the 30th calendar day after the appeal is heard.

the Department has erred or abused its discretion in the matter of the appeal. The Department shall provide the Board with a written report on the appeal. The Department, however, may reverse or modify the action appealed at any time prior to final action by the Commission. The Board shall hear and make its determination on the appeal no later than the 30th calendar day after the appeal is heard.

Notwithstanding the above, the Board shall have no authority to hear and determine appeals from orders, interpretations, requirements, determinations, or actions of the Department pertaining to enforcement of specific ordinances, regulations, or laws contained in Chapter I of the LAMC and in other land use ordinances. Any appeal concerning these requirements shall be made to the Director of Planning in accordance with the provisions set forth in LAMC Section 12.26 K. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Department shall maintain a file of requests from individuals or groups who wish to be notified of certain determinations on individual job addresses. These requests shall be submitted to the Department in writing and shall specify the subject job address, and the address and telephone number where they wish to be notified. The request shall be in force until the end of the calendar year in which the request is filed and the request may be renewed at any time during the subsequent calendar year.

The Department shall provide a copy of board agendas by U.S. mail to individuals or groups who wish to receive them. The mailing of agendas shall be maintained by a yearly subscription fee of $50.00. A subscription fee of $25.00 will be charged if there is less than six months remaining in the calendar year. Fees for individual and/or mail requests for copies of board agendas and other documents shall be as set forth in Los Angeles Administrative Code Sections 12.31 and 12.32.

3. The Board shall have the power to act in other situations as provided by ordinance or law.

4. The Board shall have the power to refuse to hear an appeal if the Board determines that the appeal is basically a restatement of a previous appeal on the same job and no substantial additional justification has been presented by the appellant.

5. The power of the Board shall not include the right to hear and act upon any of the following:

i. An appeal from the Department’s action on a request for a slight modification, an appeal of a legitimate Department order or an appeal objecting to the Department’s determination, if such appeal is:

a) Filed on or after the date a citation is issued charging a person with a violation of the Code or any other ordinance or law enforced by the Department, and the appeal in any way involves the citation issuance, an arrest associated with the citation issuance, or the facts or Code issues underlying the citation issuance.

b) (Amended by Ord. No. 170,324, Eff. 3/6/95.) Filed on or after evidence of a violation of the Code or any other ordinance or law enforced by the Department is presented to and accepted by the City Attorney for criminal prosecution.

If an appeal or request for a slight modification is not filed with 15 days after the Department’s action on the violation, the action and/or determination of the Department shall be final.

ii. An appeal in violation of limitations placed upon the Board’s powers as specified in other ordinances, regulations, or law.

iii. (Repealed by Ord. No. 175,428, Eff. 9/28/03.)

iv. If the Board or Superintendent determines that an appeal or request for a slight modification, filed with the Board, relates to Department enforcement of laws or access to public accommodations and housing by the physically handicapped, then the matter shall be referred to the Handicapped Access Appeals Commission for its action. The Board’s jurisdiction shall not include the right to hear appeals from or otherwise review any action, order, or determination of the Handicapped Access Appeals Commission.

v. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) An appeal dealing with financial, personnel, or administrative issues or other similar matters.

vi. (Amended by Ord. No. 173,364, Eff. 7/29/00.) An appeal seeking relief from any nuisance abatement determination or enforcement decision of the Department relating to any administrative nuisance abatement determination made by the Zoning Administrator, former Board of Zoning Appeals, City Planning Commission, Director of Planning or City Council.

(Amended by Ord. No. 181,758, Eff. 8/8/11.)

(a) Appeals to the Department Under Power Granted in LAMC Section 98.0403.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

1. Such appeals shall be made in writing, upon appropriate forms provided by the Department.

2. An appeal processing fee of $130.00 for the first item and $39.00 for each additional item shall be paid by the appellant prior to the Department processing the appeal and making a determination.

In addition to the appeal processing fee required above, an inspection fee of $84.00 per inspection shall be paid by the appellant when, in the opinion of the Department, the appeal requires field inspections to verify site conditions. Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.

An additional inspection fee as described in LAMC Section 98.0412(a) may be charged by the Department for each inspection necessary to verify compliance with the conditions established by the determination of the Department.

EXCEPTIONS:

A. No appeal fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.

B. No appeal fee shall be required for any appeal on a child-care facility if the owner or operator is a nonprofit child-care organization that has filed a notarized affidavit to that effect with the Department.

C. No appeal fee shall be required for any appeal filed to request an extension of time to comply with an order issued by the Department. This exception shall expire on September 24, 2020. (Added by Ord. No. 186,639, Eff. 5/29/20.)

3. If the Superintendent of Building determines that an item of request involves a material, device or method of construction appropriate for a General Approval under LAMC Section 98.0501, such request shall be accompanied by a filing fee of $165.00 for each request submitted which includes such item.

A supplemental fee as specified in LAMC Section 98.0501(b)4. shall be charged to cover processing time in excess of one hour. If the Department determines that the material submitted with the appeal request substantiates the claim made therein, and no request to hold a hearing is pending, the Department may grant a conditional approval of such request.

4. In any appeal the appellant making the request shall cause to be made, at the appellant's own expense, any tests required by the Department to substantiate the claims therein.

5. The Department may hold any hearings it deems appropriate to consider the appeal.

(b) Appeals to the Board under the Power Granted by LAMC Section 98.0403.1 (b). (Amended by Ord. No. 185,587, Eff. 7/16/18.)

1. Such appeals shall be made in writing, upon appropriate forms provided by the Department.

2. Appeals shall be accompanied by a filing fee based upon the subject of the request as set forth in LAMC Tables 4-A or 4-B of this division.

EXCEPTIONS:

A. No filing fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.

B. No filing fee shall be required for any appeal on a child care facility if the owner or operator is a nonprofit child care organization that has filed a notarized affidavit to that effect with the Department.

3. If the Board determines that evidence is required to be taken or that further investigation is necessary to decide any such appeal, the Board may refer the matter to a hearing examiner for hearing and report in accordance with provisions of Los Angeles City Charter Section 217 or to an ordinance- established advisory board, or may refer the matter to the Department for further investigation and report, whichever the Board deems most appropriate.

4. In any appeal, the appellant or person making such request shall cause to be made, at the appellant's own expense, any tests required by the Board to substantiate the claims therein.

5. In addition to any other appeal fees required by this subsection, each appeal shall be accompanied by an inspection fee of $84.00 per inspection when, in the opinion of the Department, the appeal requires field inspections to verify site conditions. The Department may charge an additional inspection fee as specified in LAMC Section 98.0412(a) for each inspection necessary to verify compliance with the conditions established by the Board in any approval or conditional approval.

6. Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.

TABLE NO. 4-A FILING FEES* FOR APPEALS

            FIRST ITEM FOR SINGLE BUILDING

Group Occupancy TYPE OF BUILDING** Each Additional Item V IV III I & II R-3 & U $215.00 $215.00 $215.00 $215.00 $76.00 All Others $354.00 $354.00 $354.00 $632.00 $215.00 All other filing fees not covered in the above schedule including appeals pursuant to Los Angeles Municipal Code Section 12.26, shall be $500.00 for the first item and $150.00 for each additional item.

• See LAMC Subsection

91.105.4 for fees for referral to the Sign Advisory Committee. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

** Accessory building, structures or appendages will be considered the same as main building and occupancy.

TABLE NO. 4-B FILING FEES* FOR APPEALS GRADING AND SOIL REQUIREMENTS

Number of Lots Construction Unstable Soil of Geology Each Additional Item Requirements 1-5 Lots $280 $480 $115 6 or more lots $580 $880 $280

• See LAMC Subsection 91.105.3 for fees for referrals to the Engineering Geology Advisory Committee. (Amended by Ord. No. 185,587, Eff. 7/16/18.)