SEC. 98.0104. CONFLICTING SECTIONS.

(Amended by Ord. No. 133,738, Eff. 2/5/67.)

(a) Insofar as any provision of any other article of this chapter conflicts with any provision of this article, such provision shall be deemed to be superseded by the provision of this article with which it is in conflict.

(b) Notwithstanding any provision in Chapter IX of the LAMC to the contrary, the revocation or suspension of any license as defined herein shall be done in accordance with this article. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

SEC. 98.0105. INSPECTIONS.

(Amended by Ord. No. 186,839, Eff. 1/4/21.)

(a) General. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the Superintendent of Building or the Superintendent’s authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of Chapter IX of the LAMC, or other applicable law, or any condition which makes such building or premises hazardous, unsafe or dangerous, the Superintendent of Building or the Superintendent’s authorized representative is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Superintendent of Building by Chapter IX of the LAMC or other applicable law, provided that:

(1) If such property is occupied, the Superintendent or the Superintendent’s authorized representative shall first present proper credentials to the occupant, explain the reasons for the inspection, and request consent to enter; and

(2) If such property is unoccupied, the Superintendent or the Superintendent’s authorized representative shall first make a reasonable effort to locate the owner or other person having charge or control of the property, explain the reasons for the inspection, and request consent to enter; and

(3) If consent to enter is refused or cannot be obtained, whether a property is occupied or unoccupied, the Superintendent of Building or the Superintendent’s authorized representative shall obtain an inspection warrant.

(b) Exigent Circumstances. Notwithstanding the foregoing, if the Superintendent of Building or the Superintendent’s authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Superintendent or the Superintendent’s authorized representative shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Superintendent or the Superintendent’s authorized representative shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection. No person shall fail or refuse, after proper demand has been made upon them, as provided above, to promptly permit the Superintendent of Building or the Superintendent’s authorized representative to make any necessary inspection in the exigent circumstances. Any person violating this subsection shall be guilty of a misdemeanor.

(c) The applicant, by accepting any permit issued pursuant to Chapter IX of the LAMC, does thereby consent and agree to the entry upon the premises described in the permit by Department personnel for the purpose of conducting such inspections as are required by Chapter IX of the LAMC or other applicable laws.