Los Angeles County Municipal Code Ch. 20.12 Water Appeals Board

A.

There is established in the county of Los Angeles a board to be called the "water appeals board," consisting of 10 members, qualified to represent the following classifications: One member qualified to represent public utility management. One member qualified to represent fire protection engineering. One member qualified to represent builder-developers. One member qualified to represent mutual water companies. One member qualified to represent publicly owned water systems. One member qualified to represent the general public. One registered civil engineer qualified in the fields of water system design. One member qualified to represent organized labor. Two members to meet any one or more of these qualifications. Each member of the board of supervisors may nominate candidates for two positions as members of the water appeals board.

B.

There shall be six advisory members who shall have no vote; one shall be designated by the county engineer, one by the director of planning, one by the health officer, one by the road commissioner, one by the county counsel and one by the forester and fire warden. Insofar as possible, the board shall obtain from appropriate agencies lists of persons qualified to be voting members of the water appeals board from which it can make the appointments provided for in this section.

(Ord. 90-0086 § 28, 1990; Ord. 7880 § 1, 1960; Ord. 7834 Ch. 1 Art. 4 § 181, 1960.)

A.

The board shall appoint the members of the water appeals board who shall at their first meeting classify themselves by lot so that two members shall serve for a term of four years; two members for a term of three years; two members for a term of two years and two members for a term of one year. Thereafter, each appointive member shall serve for a term of four years or until his successor is duly appointed by the board. Vacancies shall be filled for an unexpired term in the manner in which original appointments are made.

B.

The tenure of each member is subject to the provisions of Section 5.12.050 of this code, and to the right of the board of supervisors to remove any member at its pleasure.

(Ord. 12299 § 14, 1981; Ord. 8366 § 1, 1963; Ord. 7880 § 2(part), 1960; Ord. 7834 Ch. 1 Art. 4 § 182, 1960.)

County employees who serve as members of, secretary of, or clerical help of the water appeals board shall receive no additional compensation, but all time spent by such employees while so serving shall be deemed to be time spent by them in the performance of their duties of their respective positions. Appointive members of the water appeals board shall receive compensation as may from time to time be provided in the Salary Ordinance of the county of Los Angeles (set out at Title 6 of this code). In the absence of any provision for salary, the members of the water appeals board shall serve without compensation, except that when required to travel in the performance of their duties, they shall be reimbursed for their necessary traveling expense, including transportation, meals and lodging, in accordance with applicable provisions of the Administrative Code of the county (see Title 5 of this code).

(Ord. 8282 § 2, 1962; Ord. 7834 Ch. 1 Art. 4 § 183, 1960.)

The water appeals board may appoint a secretary who shall perform the duties specified by this Division 1 and by the water appeals board.

(Ord. 8282 § 1 (part), 1962; Ord. 7834 Ch. 1 Art. 4 § 182.5, 1960.)

Meetings of the water appeals board shall be held at the call of the chairman and at such other times as the water appeals board may determine, in suitable places to be designated from time to time by the water appeals board; all hearings before the water appeals board shall be open to the public. Minutes of the proceedings pursuant to Section 20.12.140 shall be kept by the water appeals board showing the voting records of the members and other official actions. Such minutes shall be public records.

(Ord. 8329 § 1, 1963; Ord. 7834 Ch. 1 Art. 4 § 185, 1960.)

Every advisory member of the water appeals board so requested by any voting member of the board shall, and every other advisory member thereof may, attend a meeting of the board held pursuant to Section 20.12.280.

(Ord. 8329 § 2 (part), 1963; Ord. 7834 Ch. 1 Art. 4 § 200, 1960.)

The water appeals board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Division 1.

(Ord. 7834 Ch. 1 Art. 4 § 186, 1960.)

In varying the application of any provision of this Division 1, in modifying any order given pursuant thereto, in revoking any registration or authorization, or in any other quasijudicial decision, affirmative votes of five members of the water appeals board shall be required. No member of the water appeals board shall pass upon any question in which he, or any corporation in which he is a shareholder, is interested.

(Ord. 7880 § 2 (part), 1960; Ord. 7834 Ch. 1 Art. 4 § 184, 1960.)

Any aggrieved person may take an appeal to the water appeals board from any decision or determination made pursuant to this ordinance or Section 307 of Ordinance 2225, the Building Code (see Title 26 of this code). An appeal shall be taken within 30 days from the date of the decision or determination by filing with the water appeals board a notice of appeal, specifying the grounds therefor. The authority making the decision or determination appealed from shall forthwith transmit to the water appeals board all the factual data pertinent thereto.

(Ord. 7993 § 1 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 187, 1960.)

A fee of $2,326.00 to be applied to the department of public works and a fee to be applied to the fire department in the amount specified in Title 32, Section 320, of this code will be charged by the director of public works for each case filed with the water appeals board.

Beginning on July 1, 2003, and thereafter on each succeeding July 1, the amount of each fee in this section shall be adjusted by the lesser of 1) the increase, if any, in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles-Long Beach-Anaheim areas, as published by the United States Government Bureau of Labor Statistics, from March of the previous calendar year to March of the current calendar year, or 2) the increase, if any, in the cost of providing the service for which the fee is collected, as confirmed by the auditor-controller; the adjusted fee shall be rounded to the nearest dollar; provided, however, notwithstanding any of the above, no fee shall exceed the cost of providing the service for which the fee is collected.

(Ord. 2008-0039 § 2, 2008; Ord. 2005-0033 § 6, 2005; Ord. 2003-0017 § 3, 2003; Ord. 88-0063 § 4, 1988; Ord. 82-0187 § 4, 1982.)

* Editor's note: Fee changes in this section were made by the director of public works due to increases in the Consumer Price Index and are effective July 1, 2025.

A.

If any person has filed or intends to file a petition for, or is otherwise seeking a change of zone, exception, special use permit, license or other permission to erect any structure or to carry on any activity, or both, and the ability to comply with this Division 1 is a material consideration, the water appeals board may permit such person to take an appeal as an aggrieved person pursuant to Section 20.12.090 if the water appeals board finds that it is both practicable and feasible to, and that it is necessary to determine whether or not:

In erecting and using the proposed structure or in carrying on the proposed activity the applicant can obtain water in such quantities and at such pressures as will comply with the provisions of Division 1 of this title; or

Upon the completion of the proposed structure or the beginning of the proposed use, the applicant will be entitled to a variance pursuant to Section 20.12.140.

B.

The refusal or acceptance of jurisdiction pursuant to this section shall be at the sole discretion of the water appeals board and shall be final. There shall be no appeal from a refusal of the water appeals board to accept jurisdiction. If the water appeals board accepts jurisdiction, it shall decide the matter pursuant to this chapter, and its decision shall be subject to review as provided in this chapter.

(Ord. 8336 § 1 (part), 1963; Ord. 7834 Ch. 1 Art. 4 § 187.2, 1960.)

In order to determine whether or not to recommend to the board a change of zone or other amendment to the Zoning Ordinance (set out at Title 22 of this code), the regional planning commission may request either the county engineer or the forester and fire warden to supply it with information concerning the required fire flow, the existing amount and pressure, and other facts pertaining to the existing or proposed water supply of the territory which may be affected by the change of zone or other amendment. The county engineer and forester and fire warden shall comply with such request.

(Ord. 8336 § 1 (part), 1963; Ord. 7834 Ch. 1 Art. 4 § 187.4, 1960.)

The water appeals board may delegate to its secretary the duty to set any appeal for hearing. In those cases, if any, in which it does so, upon receiving a notice of appeal the secretary shall see the matter for a public hearing. In all other cases the water appeals board shall do so.

(Ord. 8282 § 3, 1962; Ord. 7834 Ch. 1 Art. 4 § 187.5, 1960.)

As soon as an appeal has been set for hearing, the secretary shall give not less than five days' notice in writing of the time and place of such hearing to the appellant and to all members of the water appeals board, including advisory members, and to such other persons including but not confined to such public officers, departments, bureaus or agencies, if any, as he believes may be interested.

(Ord. 8282 § 4, 1962; Ord. 7834 Ch. 1 Art. 4 § 188, 1960.)

A.

If at the conclusion of such hearing the water appeals board finds that any provision of this Division 1, or of Section 307 of Ordinance 2225, the Building Code, or any order of any officer pursuant to this Division 1 would, if enforced, cause unnecessary hardships or practical difficulties inconsistent with economic feasibility or normal development, or would do manifest injustice, or would impose a burden upon any person disproportionate to any benefit to the general public, or would be contrary to the spirit and purpose of this Division 1 or public interest, it may vary the application of the provisions of this Division 1 or such order to the extent necessary to avoid such results. The water appeals board shall specify the reasons for its decision.

B.

Where the requirements of a customer are such that a water utility can not supply such requirements without adding to or increasing its water system, upon the request of such customer or such water utility the water appeals board may recommend as to what proportion of the costs should be borne by such customer and by such water utility.

(Ord. 7834 Ch. 1 Art.4 § 189, 1960.)

The water appeals board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision shall be in writing and shall indicate the vote. Every decision shall be promptly filed with the authority making the original decision or determination giving rise to the appeal, and a certified copy of the water appeals board's decision shall be mailed or otherwise delivered to appellant. Unless an appeal is taken from such decision, or if an appeal is taken and the decision is affirmed, the authority making the original decision or determination appealed from shall abide by the decision of the water appeals board.

(Ord. 7834 Ch. 1 Art. 4 § 190, 1960.)

Within 15 days after receipt by the appellant or water utility of a copy of a decision of the water appeals board, he or any other person deeming himself aggrieved by such decision, including any county officer, whether the officer from whose decision the appeal to the water appeals board was taken, or any other county officer, may file with the clerk of the board of supervisors a written notice of appeal from such decision.

(Ord. 7834 Ch. 1 Art. 4 § 191, 1960.)

Every person taking an appeal to the board from a decision of the water appeals board, except a county officer, at the same time shall deposit with the clerk of the board an amount which the clerk estimates to be ample to cover the cost of one original and five carbon copies of the transcript or transcripts of all hearings held by the water appeals board. For the purpose of this section, the cost shall be assumed to be:

A.

The actual amount charged, where the transcripts are prepared by a private contractor, or his estimate thereof;

B.

Where the transcript is prepared by a county employee, the amount provided by law as fees of the county clerk for preparing such transcript.

(Ord. 7993 § 2 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 192.1, 1960.)

The clerk of the board shall keep a permanent and accurate account of all deposits received on an appeal, giving the name of the appellant upon whose account the same was deposited, the date and amount thereof, together with the number of the case to which it relates.

(Ord. 7993 § 2 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 192.2, 1960.)

If the board modifies the decision of the water appeals board and determines that the taking of the appeal was justified, or if the board reverses the decision of the water appeals board, the clerk of the board shall refund to the appellant the entire amount of his deposit.

(Ord. 7993 § 2 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 192.3, 1960.)

If a refund is not due to the appellant pursuant to Section 20.12.190, and if the actual cost of the transcripts is more than the amount deposited by the appellant, such appellant shall deposit the deficiency; if less, the clerk of the board shall refund the difference to the appellant.

(Ord. 7993 § 2 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 192.4, 1960.)

If the board itself holds a public hearing on an appeal, no refund shall be made to the appellant except as provided in Section 20.12.190, whether a transcript is prepared, prepared in part, or not prepared at all; but the amount deposited shall be paid into the general fund of the county as partial reimbursement for the expenses of such hearing. If the board does not hold a

hearing on appeal, and no transcript is prepared, the money deposited for the preparation of the transcript shall be refunded to the appellant.

(Ord. 7993 § 2 (part), 1961; Ord. 7834 Ch. 1 Art. 4 § 192.5, 1960.)

Upon receiving a notice of appeal, the board of supervisors may:

A.

Affirm the action of the water appeals board; or

B.

Require a transcript or recording of the testimony and all other evidence upon which the water appeals board made its decision. Upon receiving such evidence, the board of supervisors shall take such action as, in its opinion, is indicated by such evidence; or

C.

Refer the matter back, with or without instructions, to the water appeals board for further proceedings; or

D.

Set the matter for hearing before itself. At such hearing the board of supervisors shall hear and decide the matter de novo as if no other hearing had been held.

(Ord. 7834 Ch. 1 Art. 4 § 192, 1960.)

If requested by the board of supervisors to do so, the water appeals board shall transmit to the board of supervisors one original and six copies of a complete transcript or a complete recording of all of the testimony, and also all papers, exhibits, maps and other evidence introduced before the water appeals board in any case decided by the water appeals board.

(Ord. 7834 Ch. 1 Art. 4 § 193, 1960.)

In deciding an appeal, the board of supervisors shall not hear or consider any evidence of any kind other than the evidence received from the water appeals board, or any argument on the merits of the case other than that contained in the notice of appeal, unless it sets the matter for hearing before itself, as provided in this chapter, and gives not less than five days' notice of the time and place of such hearing as provided in Section 20.08.110 to the appellant, the person who appealed to the water appeals board, the authority making the original decision or determination from which the appeal was taken to the water appeals board and the water utility which will be affected by the final decision.

(Ord. 7834 Ch. 1 Art. 4 § 194, 1960.)

Any person who deems himself aggrieved by a decision of the board of supervisors pursuant to this Division 1, whether previously a party to the proceedings or not, may within 15 days after the filing of such decision, apply to a court having jurisdiction thereof for a review of such decision.

(Ord. 7834 Ch. 1 Art.4 § 195, 1960.)

Every county officer, including the authority from whose decision an appeal to the water appeals board was taken, and every other person, shall comply with any decision made pursuant to this Division 1 which has become final, whether made by the water appeals board, the board of supervisors, or a court.

(Ord. 7834 Ch. 1 Art. 4 § 196, 1960.)

The water appeals board may recommend to the board any amendment to this Division 1, or the adoption, amendment or repeal of any other ordinances or any other legislation relating to the supplying of water which the water appeals board deems advisable, and may make any other suggestions and recommendations, pertinent to its duties, to the board.

(Ord. 7834 Ch. 1 Art.4 § 197, 1960.)

In addition to the matters provided for in Section 20.12.140, the water appeals board may hold hearings on other matters pertinent to this Division 1, including, but not confined to:

A.

Determining what water utilities, if any, required by this Division 1 to register, have not registered, and, if so, why not;

B.

Determining what amendments, if any, to this Division 1, to any other ordinance, or to any state statute, or what other legislation, state or local, is advisable and should be recommended;

C.

Determining more effective means for the administration of this Division 1.

(Ord. 8329 § 2 (part), 1963; Ord. 7834 Ch. 1 Art. 4 § 198, 1960.)

In conducting any hearing or discussion pursuant to Section 20.12.280, one member shall be sufficient to constitute a quorum of the water appeals board at such a meeting. A majority of the members present may take any action authorized by Section 20.12.280. This section does not apply to hearings or recommendations pursuant to Section 20.12.140.

(Ord. 8329 § 2 (part), 1963; Ord. 7834 Ch. 1 Art. 4 § 199, 1960.)