Los Angeles County Municipal Code Ch. 11.84 Administrative Action

A permittee or the owner or operator of a facility operating without a valid unified program facilities permit may be subjected to administrative action for any of the following causes:

A.

Fraud, willful misrepresentation, or any willful, inaccurate or false statement in applying for a new or renewed permit;

B.

Fraud, willful misrepresentation, or any willful, inaccurate or false statement in any report required by this division;

C.

Failure to abate, correct or rectify any noncompliance within the time specified in the notice of noncompliance;

D.

Failure to correct conditions constituting an unreasonable risk of an unauthorized release of hazardous substances within a reasonable time after notice from a governmental entity other than the County;

E.

Engaging in conduct that constitutes a significant violation;

F.

Failure to abide by any administrative action imposed by the Director;

G.

Failure to pay fees as established by Chapter 11.82; or

H.

Failure to abide by any compliance dates established by this division or state or federal law.

(Ord. 2015-0016 § 73, 2015; Ord. 97-0016 § 68, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Unless the Director finds that an immediate suspension under Section 11.84.050 or a red tag is necessary to protect the public health or safety from imminent danger, the Director shall issue a notice of noncompliance to a permittee, owner or operator of a facility that fails to comply with the provisions of this division or any conditions or limitations of the permit before instituting administrative action pursuant to Section 11.84.010. Such notice shall specify the ground or grounds upon which the notice is based, the pertinent code section or sections with which the facility is not in compliance, and the correction period by which time the violation must be remedied. The correction period shall be thirty (30) days unless the Director determines that a shorter correction period is necessary to protect the public health or safety. Such notice shall be sent by first class mail to the permittee, or if no permit has been issued or applied for, to the owner or operator of the facility. If the violation is not remedied to the satisfaction of the Director prior to the expiration of the correction period, the Director may institute administrative action.

B.

Within five (5) days of the Director's issuance of a notice of noncompliance, the permittee, owner, or operator may make a written request to the Director to reconsider such notice. Such request for reconsideration shall specify the reasons why such permittee, owner, or operator believes the notice of noncompliance should not have been issued or should be modified. The Director shall assign the task of reviewing and responding to such request for reconsideration to a member of the Director's staff whose position is at least at the level of a supervisor of the inspector who prepared the notice of noncompliance, and such person shall undertake an independent review of the written record of the notice of noncompliance. Based upon this independent review, the Director shall either affirm, modify, or rescind the notice of noncompliance and notify the person requesting reconsideration of his or her decision in writing within ten (10) days of receiving the request for reconsideration. Failure of the Director to provide a response within ten (10) days will not invalidate the notice of noncompliance. Unless the Director determines that a shorter correction period is necessary to protect public health or safety, if the Director takes longer

than ten (10) days to respond to a request for reconsideration, the Director shall extend the correction period as necessary to provide the permittee, owner or operator sufficient time to correct the violation once the Director issues a response to the request for reconsideration. If the Director declines to extend the correction period, the permittee, owner or operator shall correct the violation within the correction period without waiving its right to a response to the request for reconsideration.

(Ord. 2015-0016 § 74, 2015; Ord. 97-0016 § 69, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

If an owner or operator of a facility fails to correct a violation within the time period specified in a notice of correction issued pursuant to Section 11.84.020 or such additional time allowed by the Director, or if the Director determines that an immediate suspension under Section 11.84.050 or a red tag is warranted, the Director may institute administrative action.

B.

Administrative action may include:

An order to correct the particular noncompliance specified in the notice issued pursuant to Section 11.84.020;

Affixing a red tag or immediate suspension under Section 11.84.050;

A revocation of the unified program facility permit and approval of a provisional permit specifying corrective actions required and a timetable to accomplish compliance;

Suspension of the permit for the facility for a specified period not to exceed six (6) months;

Modification or addition of conditions of the permit;

Revocation of the unified program facility permit. If the grounds for administrative action are based on subsection C, D, or E of Section 11.84.010, and if such grounds are limited to one (1) or more underground storage tanks, the remedial action taken shall be limited to those underground storage tanks; and

An administrative enforcement order pursuant to Division 20, Chapter 6.11, of the California Health and Safety Code, section 25404.1.1.

C.

Notice of administrative action shall be served by personal service or certified mail on the permittee, or if no permit has been issued or applied for, on the owner or operator of the facility.

(Ord. 2015-0016 § 75, 2015; Ord. 97-0016 § 70, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Any person who disputes an administrative action other than administrative enforcement order pursuant to Division 20, Chapter 6.11, of the California Health and Safety Code, section 25404.1.1, may make a written request for a hearing before the appeals board to review the decision. The request shall be made within fifteen (15) calendar days of the issuance of the notice of the administrative action being disputed, shall include the address of the person making the request for the purpose of correspondence by the Director, and shall also include all the information and evidence that the requestor wants the Director to consider. The failure to submit a written request for a hearing within the fifteen (15) calendar day period shall constitute a waiver of the right to a hearing, and, upon such failure, the administrative action shall become final.

Upon receipt of a request for hearing, the Director shall issue a written notice of hearing to the person making the request setting forth the time and place of the hearing. The notice shall be given at least ten (10) days prior to the hearing date.

Hearings to review administrative enforcement orders issued pursuant to Division 20, Chapter 6.11, of the California Health and Safety Code, section 25404.1.1, shall be conducted in accordance with the requirements of that statute.

(Ord. 2015-0016 § 76, 2015; Ord. 97-0016 § 71, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Whenever the Director finds that suspension of a permit prior to a hearing for administrative action is necessary to protect the public health or safety from imminent danger, the Director may immediately suspend any permit pending the hearing for administrative action. The Director shall immediately notify the permittee of such suspension by having a written notice of the suspension personally served on the permittee and/or by posting such notice at the facility in noncompliance or by other appropriate means.

(Ord. 2015-0016 § 77, 2015; Ord. 97-0016 § 72, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The appeals board shall conduct hearings in conformance with the rules adopted pursuant to Section 11.72.070. After the hearing, the appeals board may affirm, reverse or modify the administrative action taken by the Director. The appeals board shall render a written decision, stating the findings upon which the decision is based and the action taken, if any. The decision of the appeals board shall be final.

(Ord. 2015-0016 § 79, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)