SEC. 161.601. RIGHT OF ENTRY.

(Amended by Ord. No. 185,644, Eff. 7/6/18.)

A. General. Whenever it is necessary to conduct an inspection or perform any duty under this Article or other applicable law, the General Manager is authorized to enter any residential rental property, building, unit or structure falling within the scope of this Article, between 8:00 a.m. and 6:00 p.m., or any other agreed upon time reached with the person in control or possession of the residential property, building, unit or structure. Before gaining entry, the General Manager shall serve a notice pursuant to Section 161.601 B. of this Article. However, an inspection notice need not be served if the General Manager gains entry by obtaining the consent of the person in control or possession of the residential rental property, building, unit or structure, as follows:

1. If the building, unit or structure is occupied, the General Manager shall present proper credentials to the occupant; explain the reasons for the inspection; and request consent to conduct an inspection.

2. If the building, unit or structure is unoccupied, the General Manager shall locate the owner or other person having charge or control of the property, building, unit, or structure and present proper credentials; explain the reasons for the inspection; and request consent to conduct an inspection.

B. Inspection Notice. Except as otherwise provided in this Division, the General Manager shall serve an inspection notice to the property owner/landlord and tenant in accordance with Section 161.409 of this Article at least 30 calendar days prior to the inspection date.

C. Right to Object to an Inspection. The property owner/landlord and tenant may object to the inspection notice by seeking pre-compliance judicial review.

1. Pre-compliance judicial review shall be sought at least ten calendar days before the inspection date provided on the inspection notice in any Court of competent jurisdiction located in the City of Los Angeles.

2. A person seeking pre-compliance judicial review of an inspection notice shall follow the applicable rules of court, including, but not limited to, the time for providing notice to the Department and content and service of the notice.

D. Inspection Warrant.

1. If consent to conduct an inspection is refused or cannot be obtained, the General Manager shall secure entry to inspect the premises by getting an inspection warrant under California Code of Civil Procedure Sections 1822.50 through 1822.57.

2. Notice that an inspection warrant has been obtained shall be served by the General Manager on the property owner/landlord or tenant at least five calendar days before the warrant is set to be executed, unless the judge finds that immediate execution is reasonably necessary in the circumstances shown.

3. The notice that an inspection warrant has been issued shall include the name of the judicial officer who issued the warrant and the officer’s address or department.

4. Before the date the warrant is set to be executed, the property owner/landlord or tenant may seek judicial review of the inspection warrant before the judicial officer who issued the warrant.

E. Exigent Circumstances. Notwithstanding the foregoing, if the General Manager has reasonable cause to believe that a residential rental property, building, unit, structure, or common area subject to this Article is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the General Manager shall have the right to immediately enter and inspect the premises by use of any reasonable means to effect entry.

SEC. 161.602. PERIODIC INSPECTIONS.

(Amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Frequency of Periodic Inspections. Except as otherwise provided in this Article, the Department shall make a reasonable effort to conduct a periodic inspection once every four years of all residential rental properties, buildings, units and structures falling within the scope of this Article.

B. Criteria for More Frequent Periodic Inspections. The Department shall promulgate regulations, subject to approval of the City Council, determining when a residential rental property, building, unit, or structure falling within the scope of this Article may be inspected more frequently than provided in Section 161.602 A. due to a substantial risk of violation of this Article. The regulations may include the following criteria:

1. The extent and seriousness of the current violations and any reasonably anticipated effect on the occupants.

2. The history of the property during the past four years, including whether the property has been the subject of orders issued by other agencies concerning health and safety violations; orders imposed by the General Manager under Division 8 of this Article; or involvement in nuisance abatement.

3. The age of the premises.

4. The record in the past four years of the persons or entities who own, manage or control the property with respect to health or safety violations at the premises or other properties and whether the violations have been subject to enforcement action.

5. Whether the property has delinquent fees imposed under Division 9 of this Article.

6. Whether there are tax defaults on the property.

7. If a master-metered property, whether there are any delinquent utility bills in excess of 6 months.

8. Any other criteria determined by the Department to be indicative of the existence of health or safety violations.

• C. Regulations and Policies. The General Manager may adopt regulations and policies to implement this Section.