Chapter 22.242 — ENFORCEMENT PROCEDURES

This Chapter establishes procedures for enforcement of the provisions of this Title 22. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.242.020 - General Prohibitions.

A.

No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered, or maintained and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Title 22.

B.

No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter, or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this Title 22.

C.

No permit or entitlement may be issued or renewed for any use, construction, improvement, or other purpose, unless specifically provided for or permitted by this Title 22.

(Ord. 2019-0004 § 1, 2019.)

A.

Every person violating any condition or provision either of this Title 22, permit, or approval thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in Section 22.242.050 (Infractions). Each violation is a separate offense for each and every day during any portion of which the violation is committed.

B.

Each violation determined to be an infraction by this Title 22 shall be punishable by a fine of $100 for the first violation. Subsequent violations of the same provision of this Title 22 shall be punishable by a fine of $200 for the second violation and $500 for the third violation in a 12-month period as provided by applicable law. The fourth and any further violations of the same provision of this Title 22 which are committed at any time within a 12-month period from the date of the commission of the first violation shall be deemed misdemeanors. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together. The increased penalties set forth in this Section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom.

(Ord. 2019-0004 § 1, 2019.)

Any use of property contrary to the provisions of this Title 22 shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the County may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.242.050 - Infractions.

Violations of the provisions contained in the following list are deemed infractions:

A.

Automobile, truck, or other motor vehicle repair conducted outside of an enclosed building.

B.

Inoperative vehicle parking or storage.

C.

Keeping or parking of vehicles in violation of Section 22.112.040.C (Residential and Agricultural Zones), Section 22.140.585.F.8.a.i.(a), or Section 22.140.585.F.8.a.ii.

D.

Outside display and/or sales, except when authorized by and in accordance with a Special Event Permit (Chapter 22.188).

E.

Signs prohibited by Section 22.114.040 (Prohibited Signs Designated).

(Ord. 2020-0032 § 32, 2020; Ord. 2019-0004 § 1, 2019.)

The provisions of this Title 22 may also be enforced by injunction issued by any court having jurisdiction over the owner or occupant of any real property affected by such violation or prospective violation.

(Ord. 2019-0004 § 1, 2019.)

A.

Final Zoning Enforcement Order.

1.

In the course of enforcing any provision of this Title 22, the Director shall have the authority to issue a Final Zoning Enforcement Order concerning any property not in compliance with the provisions of this Title 22. Such order shall state, in not less than 14-point type in substantially the following form, that "Failure of the owner or person in charge of the premises to comply with this order within 15 days after the compliance date specified herein, or any written extension thereof, shall subject the violator to a noncompliance fee in the amount indicated on the Filing Fee Schedule, unless an appeal from this order is received within 15 days after the compliance date. Such appeal shall comply with Section 22.242.070.C of the Los Angeles County Code." The Director's issuance of a Final Zoning Enforcement Order shall be final unless an appeal from the order has been received.

2.

Service of a Final Zoning Enforcement Order shall be upon:

a.

The person in real or apparent charge and control of the premises involved;

b.

The record owner;

c.

The owner or holder of any lease of record; or

d.

The record owner of any interest in or to the land or any building or structure located thereon.

3.

Service shall be by personal delivery or by registered or certified mail, return receipt requested, at the Director's election.

4.

In the event the Director, after reasonable effort, is unable to serve the order as specified above, proper service shall be by posting a copy of the order on the premises. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable.

B.

Noncompliance Fee.

1.

If a Final Zoning Enforcement Order has not been complied with within 15 days following the compliance date specified in the order, or any written extension thereof, and no appeal of such order has been timely received as provided in this Section, the Director shall have the authority to impose and collect a noncompliance fee in the amount indicated on the Filing Fee Schedule. The fee shall be subject to annual review and adjustment as provided in Section 22.250.010.D (Annual Fee Review).

2.

The purpose of the noncompliance fee is to recover costs of zoning enforcement inspections and other efforts by the Director to secure substantial compliance with a zoning enforcement order. Not more than one such fee shall be collected for failure to comply with a zoning enforcement order. The noncompliance fee shall be in addition to any other fees required by the County Code.

3.

The determination of the Director to impose and collect a noncompliance fee shall be final, and it shall not be subject to further administrative appeal.

C.

Appeal of Final Zoning Enforcement Order.

1.

Any person upon whom a Final Zoning Enforcement Order has been served may appeal the order to the Hearing Officer within the time specified in Subsection A, above. Such appeal shall contain any written evidence that the appellant wishes to be considered in connection with the appeal. If applicable, the appeal shall state that said person has applied for the appropriate permit or other administrative approval pursuant to this Title 22.

2.

The Hearing Officer shall consider such appeal within 45 days from the date that the appeal is received and shall notify the appellant of the decision within a reasonable period of time thereafter in the manner described in this Section for service of a Final Zoning Enforcement Order. The Hearing Officer may sustain, rescind, or modify the Final Zoning Enforcement Order. The decision of the Hearing Officer shall be final and effective on the date of decision, and it shall not be subject to further administrative appeal.

D.

Imposition and Collection of the Noncompliance Fee.

1.

The Director shall notify the person against whom a noncompliance fee is imposed in the manner described in this Section for service of a Final Zoning Enforcement Order. The Director may waive the imposition and collection of a noncompliance fee where the Director determines such waiver to be in the public interest.

2.

The person against whom the noncompliance fee is imposed shall remit the fee to the Director within 15 days after the date of service of said notice.

E.

Penalty After Second Notice of Noncompliance Fee. If the person against whom a noncompliance fee has been imposed fails to pay such fee within 15 days of notification as provided above, the Director may send a second notice of noncompliance fee in the manner described in this Section for service of a Final Zoning Enforcement Order. If the fee has not been paid within 15 days after the date of service of the second notice of noncompliance fee, the County shall withhold the issuance of a building permit or other approval to such person until the noncompliance fee has been paid in full. An administrative penalty assessment equal to two times the noncompliance fee and a collection fee equal to 50 percent of the noncompliance fee shall also be imposed if the fee is not paid within 15 days after the date of service of the second notice. The administrative penalty assessment and collection fee, after notice, shall become part of the debt immediately due and owing to the County. The County thereafter shall have the right to institute legal action in any court of competent jurisdiction to collect the amount of the noncompliance fee, administrative penalty assessment and collection fee. In any suit brought by the County to enforce and collect the noncompliance fee, administrative penalty assessment and collection fee, the County shall be entitled to collect all costs and fees incurred in such proceedings.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.244 - ORDINANCE AMENDMENTS