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Division D›Article 8

SEC. 98.0304. NOTICE OF DEFENSE TO ACCUSATION.

Los Angeles Building Code — LAMC Chapter IX · 2026-08 edition · updated 2026-09-09 · Los Angeles

(a) Form and Purpose. Within ten days after service upon the respondent of the accusation, the respondent may file one or more notices of defense in which the respondent may: request a hearing; object to the accusation upon the ground that it does not state acts or omissions upon which the Department may proceed; object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare their defense; admit the accusation in whole or in part. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Failure to File Notice of Defense – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within ten days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s right to a hearing, but the Department, in its discretion, may nevertheless conduct a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(c) Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It must be verified but need not follow any particular form.

(d) Amendment of Accusation. At any time before the matter is submitted for decision, the Board, Superintendent or hearing examiner may order or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the respondent shall be afforded a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

SEC. 98.0305. NOTICE OF HEARING ON ACCUSATION.

(a) Service. The notice of hearing shall be delivered or mailed to all parties at least five days prior to the hearing. The date of the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The respondent may file a written waiver of time and request an immediate hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(b) Form. The notice to respondent shall be substantially in the following form, but may include other information: (Amended by Ord. No. 185,587, Eff. 7/16/18.)

You are hereby notified that a hearing will be held before (the Board, Superintendent of Building or name of hearing examiner) at _______________ on the ____ day of __________ 20 ___, at the ______ hour of ____, upon the charges made in the accusation served upon you. You may be present at the hearing; you may, but need not, be represented by counsel; you may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board, Superintendent of Building or name of hearing examiner).

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▸Contents — Los Angeles Building Code — LAMC Chapter IX
Los Angeles Building Code — LAMC Chapter IX
  1. Chapter IX
  2. Chapter IX — BUILDING REGULATIONS
  3. Division 1
  4. Division 2
  5. Division 3
  6. Division 4
  7. Division 5
  8. Division 6
  9. Division 7
  10. Division 8
  11. Division 9
  12. Division 10
  13. Division 11
  14. Division 12
  15. Division 13
  16. Division 14
  17. Division 15
  18. Division 16
  19. Division 17
  20. Division 18
  21. Division 19
  22. Division 20
  23. Division 21
  24. Division 22
  25. Division 23
  26. Division 24
  27. Division 25
  28. Division 26
  29. Division 27
  30. Division 28
  31. Division 29
  32. Division 30
  33. Division 31
  34. Division 32
  35. Division 33
  36. Division 34
  37. Division 35
  38. Division 61
  39. Division 62
  40. Division 63
  41. Division 67
  42. Division 70
  43. Division 71
  44. Division 72
  45. Division 82
  46. Division 83
  47. Division 85
  48. Division 88
  49. Division 89
  50. Division 90
  51. Division 91
  52. Division 92
  53. Division 93
  54. Division 94
  55. Division 95
  56. Division 96
  57. Division 5 — REGISTRATION
  58. Division 16A
  59. Division 17
  60. Division 18
  61. Division 19
  62. Division 20
  63. Division 21
  64. Division 17
  65. Division 18
  66. Division C
  67. ▸Division D
    Overview
    1. SEC. 96.300. INTENT.
    2. SEC. 96.301. DEFINITIONS.
    3. SEC. 96.302. REPORTS REQUIRED.
    4. SEC. 96.303. APPLICATION.
    5. SEC. 96.304. CONTENTS OF REPORTS.
    6. SEC. 96.305. FEE FOR REPORTS.
    7. SEC. 96.306. EFFECTIVE PERIOD OF REPORT.
    8. SEC. 96.307. DELIVERY OF THE REPORT.
    9. SEC. 96.308. EXCEPTIONS.
    10. SEC. 96.309. NON-COMPLIANCE NOT TO INVALIDATE SALE OR EXCHANGE…
    11. SEC. 96.310. EFFECTIVE DATE.
    12. Article 7
    13. ▸Article 8
      Overview
      1. SEC. 98.0102. PURPOSE AND SCOPE OF ARTICLE.
      2. SEC. 98.0104. CONFLICTING SECTIONS.
      3. SEC. 98.0106. AUTHORITY TO ACCEPT UNDERPAYMENTS AND OVERPAYMEN…
      4. SEC. 98.0107. CONTRACTOR PERMIT APPLICANTS – BUSINESS AND PAYR…
      5. SEC. 98.0108. POSTING OF ORDERS.
      6. SEC. 98.0109. EXPRESS PERMITS.
      7. SEC. 98.0201. AUTHORITY TO MAKE RULES AND REGULATIONS.
      8. SEC. 98.0202. REVOCATION, SUSPENSION, LIMITATION OF LICENSES.
      9. SEC. 98.0302. GENERAL PROVISIONS.
      10. SEC. 98.0303. ACCUSATION RE SUSPENSION OR REVOCATION OF LICENS…
      11. SEC. 98.0304. NOTICE OF DEFENSE TO ACCUSATION.
      12. SEC. 98.0306. AMENDMENT OF ACCUSATION AFTER SUBMISSION.
      13. SEC. 98.0307. SUBPOENAS.
      14. SEC. 98.0308. EVIDENCE.
      15. SEC. 98.0309. OFFICIAL NOTICES.
      16. SEC. 98.0310. METHOD OF DECISION IN CONTESTED CASES.
      17. SEC. 98.0311. DEFAULTS AND UNCONTESTED CASES.
      18. SEC. 98.0312. RECONSIDERATION.
      19. SEC. 98.0401. SUPERINTENDENT OF BUILDING MAY INSPECT RECORDS.
      20. SEC. 98.0402. CODE ENFORCEMENT COSTS INCURRED: INVESTIGATION C…
      21. § 98.0403
      22. SEC. 98.0405. CHARGES FOR PRINTED MATERIALS AND MISCELLANEOUS …
      23. SEC. 98.0406. INSPECTION FEES FOR OFF HOURS INSPECTION.
      24. SEC. 98.0407. SPECIAL ENFORCEMENT PROCEDURE FEES.
      25. SEC. 98.0408. ISSUANCE OF CITATIONS BY DESIGNATED EMPLOYEES.
      26. SEC. 98.0410. SURCHARGE FOR DEVELOPMENT SERVICES CENTERS.
      27. SEC. 98.0411. NON-COMPLIANCE FEES.
      28. SEC. 98.0412. INSPECTION FEES.
      29. SEC. 98.0413. SURCHARGE FOR ELECTRICAL AND MECHANICAL TESTING.
      30. SEC. 98.0414. CERTIFICATION FEES.
      31. SEC. 98.0415. CLERICAL, ISSUING OR RESEARCH FEES AND MISCELLAN…
      32. SEC. 98.0416. BUILDING AND SAFETY SYSTEMS DEVELOPMENT SURCHARGE.
      33. SEC. 98.0417. PROCESSING FEES FOR MISCELLANEOUS CERTIFICATES O…
      34. SEC. 98.0418. SURCHARGES FOR DEVELOPMENT OF AUTOMATED SYSTEMS …
      35. SEC. 98.0419. WAIVER OF FEES FOR STRUCTURES DAMAGED IN THE 199…
      36. SEC. 98.0420. REFUNDS OF DEPARTMENT FEES.
      37. SEC. 98.0421. CODE VIOLATION INSPECTION FEE.
      38. SEC. 98.0422. FEES FOR OFF HOURS PLAN CHECK AND OTHER SERVICES
      39. SEC. 98.0501. ALTERNATE MATERIALS, DEVICES AND METHODS OF CONS…
      40. SEC. 98.0502. APPLIANCES, FIXTURES AND EQUIPMENT.
      41. SEC. 98.0504. ENVIRONMENTAL REPORTS.
      42. SEC. 98.0601. PURPOSE.
      43. SEC. 98.0602. EXPIRATION OF PERMITS.
      44. SEC. 98.0603. EXPIRATION OF PLAN CHECK.
      45. SEC. 98.0605. TIME LIMITS OF REQUESTS FOR EXTENSION.
      46. SEC. 98.0702. DEFINITIONS.
      47. SEC. 98.0703. ENFORCEMENT AUTHORITY.
      48. SEC. 98.0704. ENFORCEMENT REMEDIES.
      49. SEC. 98.0705. STRICT LIABILITY OFFENSES.
      50. SEC. 98.0707. ADMINISTRATIVE ABATEMENT PROCEDURES FOR VACANT A…
      51. SEC. 98.0708. STANDARDS FOR FENCING AND BARRICADING A VACANT S…
      52. SEC. 98.0710. CONTINUOUS ABATEMENT AUTHORITY.
      53. SEC. 98.0711. ABATEMENT COST.
      54. SEC. 98.0712. CONTINUOUS PUBLIC NUISANCES.
      55. SEC. 98.0713. DUTY TO FILE A STATEMENT OF INTENT.
      56. SEC. 98.0714. POSTING NAME OF RESPONSIBLE PERSON.
      57. SEC. 98.0715. REINSPECTION FEE.
      58. SEC. 98.0716. VACANT STRUCTURE PENALTY.
      59. SEC. 98.0717. PROCEDURES FOR BARRICADED AND VACANT STRUCTURE P…
      60. SEC. 98.0718. APPEAL OF BARRICADED AND VACANT STRUCTURE PENALTY.
      61. SEC. 98.0719. ADMINISTRATIVE ENFORCEMENT HEARING.
      62. SEC. 98.0720. FAILURE TO PAY PENALTIES.
      63. SEC. 98.0721. ALLOCATION OF VACANT BUILDING PENALTY.
    14. Article 9

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