Division 13B.10 — DEPARTMENT OF BUILDING AND SAFETY

A. Purpose

This Division describes the powers, duties, and processes of the Department of Building and Safety

as they relate to this Chapter and Chapter I. (General Provisions and Zoning) of this Code.

B. Permits and Vesting of Development Plan

1. Permits

No permit pertaining to the use of land or buildings shall be issued by any department, officer,

or employee of this City, vested with such duty, unless the application for the permit has been

approved by the Department of Building and Safety as to conformance of said use with the

provisions of this Chapter or Chapter I. (General Provisions and Zoning) of this Code. Any permit or Certificate of Occupancy issued in conflict with the provisions of this Chapter or

Chapter I. (General Provisions and Zoning) of this Code shall be null and void.

2. Vesting of Development Plan

a. Whenever plans sufficient for a complete plan check are accepted by the Department of

Building and Safety and a fee is paid, a vested right is granted to the project to proceed

with its development in substantial compliance with the zoning, and development rules,

regulations, ordinances and adopted policies of the City of Los Angeles in force on the

date that the plan check fee is paid as indicated on a valid building permit application.

These rights shall not include exemption from other applications or approvals that may

be necessary to entitle the project to proceed (i.e., subdivision, zone variance, design

review board review, etc.) and from subsequent changes in the Building and Safety and

Fire regulations found necessary by the City Council to protect the public health and safety

and which are applicable on a citywide basis, contained in Chapter V, (Public Safety and

Protection) and Chapter IX. (Building Regulations) of this Code and policies and standards

relating to those Chapters or from citywide programs enacted after the application is

deemed complete to implement State or Federal mandates.

b. These rights shall end:

i. 18 months after the plan check fee is paid, or if a permit is issued during that time,

when the building permit terminates pursuant to Sec. 98.0602 (Expiration of Permits)

of this Code;

ii. When subsequent changes are made to those plans that increase by more than five

percent or decrease by more than 10 percent the height, floor area, or occupant load

of the proposed-structure;

iii. When the use of the property is changed;

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iv. When changes exceed or violate the regulations of this Chapter or Chapter I. (General

Provisions and Zoning) of this Code in force on the date the plan check fee was paid;

or

v. When the discretionary land use approval for the project terminates under the

provisions of this Chapter or Chapter I. (General Provisions and Zoning) of this Code or

any ordinance adopted pursuant to this Chapter or Chapter I. (General Provisions and

Zoning) of this Code.

c. In the case that a discretionary land use approval is required, the vesting rights in plan

check will be extended for the time period during which the discretionary land use

approval is being processed. However, in no case will the extension of vesting rights

exceed more than 18 months beyond the original vesting expiration timeline.

C. Yard Area Modifications

The Department of Building and Safety shall have the authority to hear and determine requests for yard area modifications pursuant to Chapter IX. (Building Regulations), Sec. 98.0403.1(a)11.

(Powers of the Department and the Board) of this Code.

Parking Facility Modifications

1. The Superintendent of Building or the Superintendent's designee may grant slight

modifications in the requirements of Chapter I. (General Provisions and Zoning), Sec. 12.21 A.5.

and Chapter I. (General Provisions and Zoning) Sec. 12.21 A.16. for lots subject to Chapter I., or

4C.4.3. (Parking Area Design) and Div. 4C.3. (Bicycle Parking) of this Zoning Code (Chapter 1A)

for lots subject to this Chapter, if it is impractical to apply the design criteria set forth therein

due to the unusual topography, peculiar shape of location of the lot, or where parking angles are less than 40 degrees. The Superintendent of Building may also grant slight modifications in such requirements where such modifications will improve the design or functioning of the

parking area or garage, or where attendant parking is ensured to his or her satisfaction.

2. The power to grant such modifications shall be exercised in accordance with the procedure

established in Section 98.0403 of this Code.

D. Inspection of Premises

1. Whenever it is necessary to make an inspection to enforce any of the provisions or to perform

any duty imposed by this Code or other applicable law, or whenever the Superintendent of

Building or his/ her authorized representative has reasonable cause to believe that there exists

in any building or upon any premises any violation of the provisions of this Article or other

applicable law, the Superintendent of Building or his/her authorized representative is hereby

authorized to enter such property at any reasonable time and to inspect the same and perform

any duty imposed upon the General Manager by this Code or other applicable law, provided

that:

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a. If such property be occupied, he/she shall first present proper credentials to the occupant

and request entry explaining his/her reasons therefor; and

b. If such property be unoccupied, he/she shall first make a reasonable effort to locate

the owner or other persons having charge or control of the property and request entry,

explaining his reasons therefor. If such entry is refused or cannot be obtained because the

owner or other person having charge or control of the property cannot be found after due

diligence, the Superintendent of Building or his/her authorized representative shall have

recourse to every remedy provided by law to secure lawful entry and inspect the property.

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A. Applicability

1. The Director may investigate and make a decision upon

appeals from determinations of the Los Angeles Department

of Building and Safety (LADBS) where it is alleged there is

error or abuse of discretion in any order, interpretation,

requirement, determination or action made by LADBS in the

enforcement or administration of this Chapter or Chapter I.

(General Provisions and Zoning) of this Code and other land use ordinances in site specific cases.

2. This Section does not apply to requests for extensions of time

to comply with any order issued by LADBS.

3. An appeal to the Director may only be made after the LADBS

has rendered a decision in writing and provided written justification and findings on an appeal made pursuant to Sec.

98.0403.2(a) (Procedures for Appeals to the Department and

to the Board) of this Code.

B. Initiation

1. Any aggrieved person may file an appeal at a public counter

of the Department of City Planning. For the purposes of this process, the person filing an appeal on the LADBS

determination will be considered the applicant.

Sec. 13B.10.2. Appeals from LADBS Determinations

1 Initiation

APPROVE

OR DENY

APPEAL AVAILABLE

2. The appeal shall be filed within 15 days after the LADBS renders a decision in writing

with justification and findings on the issues set forth in the appeal made pursuant to Sec.

98.0403.2(a) (Procedures for Appeals to the Department and to the Board) of this Code.

3. The appeal to the Director must be accompanied by a written copy of the decision of LADBS,

and any written copy of the underlying order, interpretation, requirement, determination or action taken on the matter by LADBS. The applicant shall set forth specifically how there was

error or abuse of discretion in the action of LADBS. Each appeal shall be accompanied by a filing fee as specified in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots

subject to Chapter I., or Article 15. (Fees) of this Zoning Code (Chapter 1A) for lots subject to

this Chapter.

4. Filing an appeal stays, with respect to that site, all enforcement proceedings and actions

pertaining to this Chapter or Chapter I. (General Provisions and Zoning) of this Code, and other land use ordinances pending the Director’s decision. However, filing an appeal will not prevent

the issuance of a building permit or performance of work authorized by the permit when all

Code and other land use requirements are met to the satisfaction of the LADBS, and only

after consideration of the issues set forth in the appeal to the LADBS made pursuant to Sec.

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98.0403.2(a) (Procedures for Appeals to the Department and to the Board) of this Code. Filing

an appeal does not delay enforcement proceedings or actions related to the abatement of

imminent life safety hazards.

C. Notice

1. Notice of Appeal Filing

Upon receipt of the Appeal from LADBS Determination, the Department of City Planning shall notify the owner of the subject property if an appeal is filed by a third party.

2. Notice of Public Hearing

The following notice is required for the public hearing on the initial decision, if held:

3. Notice of Public Hearing on Appeal

The following notice is required for the public hearing on the appeal to the Area or City

Planning Commission:

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

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2. Decision Maker

The Director is the initial decision maker.

3. Public Hearing

City of Los Angeles Zoning Code Chapter 1A

The Director shall set the matter for hearing if it is likely to be controversial, giving notice in the manner specified in Subsection C. (Notice) above.

4. Decision

a. The Director shall investigate the matter.

b. The Director shall render a decision within 75 days after the appeal period expires. If

the Director fails to make a timely decision, the applicant may file a request for transfer

of jurisdiction to the Area Planning Commission pursuant to Sec. 13A.2.6. (Transfer of

Jurisdiction) .

5. Transmittal

The Director shall transmit a copy of the decision to the applicant, property owner, appellant,

the Department of Building and Safety, owners of all properties abutting, across the street

or alley from, or having a common corner with the subject property, and to all persons who requested notification in writing.

E. Standards for Review and Required Findings

1. In making a determination on an Appeal from LADBS Determination, the Director shall

consider whether there was an error or abuse of discretion by LADBS.

2. The Director shall make a finding regarding whether the matter may have a citywide impact.

3. The Director shall find that there is no citywide impact if the matter concerns only the use

of the specific property, or circumstances or issues connected with other zoning matters which are unique to the affected site and would not generally apply to other sites in the City,

or would not result in changes in the application of this Chapter and Chapter I. (General

Provisions and Zoning) of this Code and other land use ordinances to other sites.

4. In making a determination on an appeal of the Director’s initial decision on an Appeal from

LADBS Determination, the Area Planning Commission or City Planning Commission shall

consider whether there was an error or abuse of discretion by the Director.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

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G. Appeals

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Decision Maker

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The Area Planning Commission is the appellate decision maker on a matter that the Director

found did not have a citywide impact. The City Planning Commission is the appellate decision

maker on a matter that the Director found does have a citywide impact.

3. Filing

An applicant or any other person aggrieved by a decision of the Director may appeal that

decision to the Area Planning Commission or City Planning Commission.

4. Appellate Decision

a. Before acting on any appeal, the appellate body will set the matter for a public hearing,

giving notice in the manner specified in Subsection C. (Notice) of this Section .

b. The appellate body shall act within 75 days after the expiration of the appeal period.

H. Modification of the Action

No modification is available.

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A. Applicability

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1. The provisions of this Section shall apply to every recycling center or yard operating pursuant

to a valid Certificate of Occupancy and to every collection bin operating pursuant to a valid

building permit. In addition, these provisions shall be applicable to every recycling center

or yard operating with nonconforming status pursuant to Chapter I. (General Provisions

and Zoning), Sec. 12.23 (Nonconforming Building and Uses) for lots subject to Chapter I., or

Article 12. (Nonconformities) of this Zoning Code (Chapter 1A) for lots subject to this Chapter,

and any rights otherwise granted by Chapter I. (General Provisions and Zoning), Sec. 12.23

(Nonconforming Building and Uses) or Article 12. (Nonconformities) of this Zoning Code

(Chapter 1A), may be revoked pursuant to this Section .

2. Definitions

For the purpose of this Section the following words and phrases are defined:

Collection Bins. Any box, canister, receptacle, or other container that can be opened and closed, and

is used for collecting salvageable personal property, including, but not limited to, clothing, shoes, books, and household items for periodic off-site processing and/or redistribution. For purposes of this definition, salvageable personal property shall not include recyclable materials not intended

for re-use, including, but not limited to, newspapers, plastic, glass, aluminum, electronics, toxic or

hazardous materials, and solid waste; nor any personal property that, because of its size, does not fit inside the collection bin.

Department. The Department of Building and Safety.

Recycling Center. Any recycling collection or buyback site, recycling sorting facility, or other recycling

oriented site which does not do any processing other than mechanical compaction to reduce the

volume of recyclable containers for economy of storage.

Superintendent. The Superintendent of Building or his or her authorized representative.

Yard. Any automobile or truck dismantling yard, junk yard, scrap metal or recycling materials

processing yard or cargo container storage yard or any open storage location where used

materials and equipment of any kind, including vehicles, boats, or airplanes, which are inoperable,

wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles,

are stored or processed.

B. Initiation

1. Inspections

a. Each recycling center, yard, or collection bin shall be available for inspection by the

Department to verify compliance with all applicable provisions of this Code.

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b. An inspection fee as specified in Sec. 98.0402(e) (Annual inspection Fee) of this Code shall

be paid by each business operator or property owner to the Department. The business

operator and the property owner of every site under the jurisdiction of this Section shall be notified of all fees, fines, penalties, costs, or other assessments resulting from

enforcement of this Section and are jointly and severally responsible to ensure that code compliance is maintained, at all times, and that payment of all fees, fines, penalties, costs, or other assessments due for each qualifying business as specified by this Section, is made to the Department. If all fees, fines, penalties, costs or other assessments due pursuant

to this Section are not paid, a lien may be placed upon the property as provided in Sec.

98.0402(g) of this Code and Sec. 7.35.1 et seq. of the LAAC. In addition, failure to pay all fees, fines, penalties, costs or other assessments is sufficient cause to institute a Certifcate i

of Occupancy revocation hearing.

c. An inspection may also be made whenever a complaint is received by the Department

concerning a violation of this Code or as needed to verify continued compliance with

applicable Code requirements. Accessory storage-only yards, where no business is

conducted and which are nearby but not contiguous with a main yard, may be subject

to an inspection and an additional fee of one half of the annual inspection fee for each

primary yard.

2. Order to Comply

a. If a recycling center, yard, or collection bin that is inspected is found to be in violation of

any provision of this Code, the Superintendent shall send an order to comply (“Order”) to

the owner of the property and the operator of the recycling center, yard, or collection bin.

b. The violation must be corrected by the compliance date specified in the Order, which shall

be no more than 30 days from the date the Order is mailed.

c. The compliance date as specified in the Order may be extended for an additional period

not to exceed 45 days if the owner or operator of the recycling center, yard, or collection

bin presents evidence of unusual hardship to the satisfaction of the Superintendent.

d. Failure to comply with the Order may result in a revocation of Certificate of Occupancy.

A revocation hearing may be canceled upon correction of violation and payment of a fine based on the fine schedule in Subsection H. (Additional Standards and Provisions) of this

Section . If a collection bin is found in violation of this Section after the Department has

issued and resolved an order to comply for a previous collection bin violation on the same

property, then revocation proceedings shall commence on the Certificate of Occupancy

for the collection bin and the Department shall issue no further Certificate of Occupancy

permits for collection bins on that property.

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3. Re-Inspection

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The Superintendent shall re-inspect a recycling center, yard, or collection bin for which

an Order was issued pursuant to this Section subsequent to the compliance date or any

authorized extension thereof.

4. Enforcement Authority Prior to Revocation Notice

The Superintendent may commence enforcement pursuant to Sec. 98.0408 (Issuance of

Citations by Designated Employees) of this Code if the violations noted in an Order are not

corrected on or before the due date noted upon such notice.

C. Notice of Intent to Revoke and Revocation Hearing

1. If any violation specified in an Order or citation is not corrected prior to the compliance date

or any extension thereof, or if the annual inspection fee has not been paid within 60 days of

assessment, then Certificate of Occupancy revocation proceedings shall be commenced by

issuance of a Notice of intent to Revoke (“Notice”), which shall be sent to the owner of the

property and the operator of the recycling center or yard subsequent to any re-inspection

pursuant to Subsection A (Applicability) of this Section .

2. The Notice shall state the following:

a. The date and place of the revocation hearing, which shall be scheduled at least 15 days

and not more than 90 days from the date of issuance of the Notice.

b. A list of all uncorrected violations as of the compliance date.

3. Owner and operator may obtain copies of all inspection reports related to these violations.

4. Revocation Hearing

a. The Board of Building and Safety Commissioners may appoint a Hearing Ofcerfi to

conduct the hearing, which Hearing Ofcerfi shall not be any individual who participated

in the issuance of any of the Notices required by this Section . Subpoenas may be issued

pursuant to Sec. 98.0307 (Subpoenas) of this Code. The hearing shall be conducted pursuant to the provisions of Sec. 98.0308 (Evidence) and 98.0309 (Official Notices) of this

Code.

b. Revocation proceedings may only be terminated if each violation noted in the Notice

is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subsection I. (Additional

Standards and Provisions) of this Section .

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D. Decision

1. Hearing Ofcerfi ’s Report

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Within 30 days of the conclusion of the revocation hearing, the Hearing Ofcerfi shall report its findings and recommendations in writing to the Board of Building and Safety Commissioners.

2. Board of Building and Safety Commissioners Determination

a. Revocation may be ordered by the Board of Building and Safety Commissioners if it finds

that any required fees, fines, penalties, costs or other assessments have not been paid or any of the violations specified in the Order have not been corrected, except for the

circumstances stated in Subsection E. (Standards for Review and Required Findings) of this

Section .

b. In making its determination, the Board of Building and Safety Commissioners may hear

from the owner, operator, or other interested party.

c. The determination of the Board of Building and Safety Commissioners is final.

E. Standards for Review and Required Findings

The Board of Building and Safety Commissioners may, in its discretion, determine that a Certifcate i of Occupancy should not be revoked if it makes both of the following findings:

1. Taken together, the remaining uncorrected violations specified in the Order do not have an

adverse effect on neighboring properties or on the general public; and

2. The owner or operator of the yard has paid the fine specified in Subsection I. (Additional

Standards and Provisions) of this Section with respect to all violations listed in the Notice of

Revocation.

F. Scope of Decision

1. Termination of Revocation Proceedings

The Superintendent shall terminate Certificate of Occupancy revocation proceedings upon a finding that each violation of this Code specified in the Notice has been corrected and the fine specified in such Notice has been paid. Termination may only occur on or before the date of

the revocation hearing.

2. Loss of Non-Conforming Rights

Notwithstanding any provision of this Code to the contrary, where a Certificate of Occupancy

is revoked pursuant to this Section, a new Certificate of Occupancy for the property may only be issued if all requirements of the Code in effect, at the time of issuance of the new certificate, are satisfied. A site which has no valid Certificate of Occupancy and seeks a

Certificate of Occupancy shall retain no rights under Chapter I. (General Provisions and

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Zoning), Sec. 12.23 (Nonconforming Building and Uses) nor under Article 12. (Nonconformities)

of this Zoning Code (Chapter 1A).

G. Appeals

There is no appeal.

H. Additional Standards and Provisions

1. Fine Schedule

The fine for each violation listed in the Notice shall be as specified in Sec. 98.0402(f)2. (Code

Enforcement Costs incurred; investigation Costs, Fees and Fines) of this Code.

2. Parking of Vehicles in Custody of Any Yard

No vehicle or any part of any vehicle in the custody or possession, for any reason, of a yard, as defined in this Section, shall be parked, left standing, placed, or stored outside of the approved

enclosure on the lot where the yard is located, except that vehicles and parts may be stored

within an approved auxiliary storage yard. In addition, all parking stalls on the lot and any

access driveways leading to the parking spaces that are required by this Code must remain

clear and available for parking of operative vehicles.

I. Further Action

1. Repeat Violations

Despite any provision of this Section to the contrary, if a business or property owner is issued a

subsequent notice for a code violation within one year of the initial notice of an Order for the

same code violation then all of the following apply:

a. Each violation cited in a subsequent Order shall carry a fine as specified in Sec. 98.0402(f)1.

(Code Enforcement Costs incurred; investigation Costs, Fees and Fines) of this Code and

shall be paid within 15 days of the compliance date of any subsequent Order.

b. The compliance date for any subsequent order to comply shall be no more than 10 days

from the date of mailing of notice for repeat violations.

c. No extension of the compliance date may be granted for repeat violations.

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A. Applicability

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1. The provisions of this Section shall apply to every automotive repair garage use in the City of

Los Angeles, including those in existence prior to May 27, 1990 and every used vehicle sales

area.

2. Exception

Used car sales areas operated in conjunction with and on the same lot or on contiguous lots

with a new car dealer are exempted from the annual inspections required by this Section.

3. Definitions

For the purpose of this Section the following words and phrases are defined:

Department. The Department of Building and Safety.

Used Vehicle Sales Area. An area or lot where any type of used motor vehicle or trailer is displayed for

sale.

Automotive Repair Garage. For lots subject to Chapter I. (General Provisions and Zoning) of this

Code, this term means: All retail or wholesale uses which are enumerated in the definition for “Automotive Repair” in Section 12.03 (Definitions) of this Code, and all testing, installation of

vehicle equipment or accessories, and the application of paint, sprayed coloring, or other types of covering or the recovering of any part of a vehicle interior or exterior. Included in this definition

are smog testing shops whether for test only or for repairs, window tinting or replacement shops,

application of vinyl or similar covering materials, installation of parts or accessories on the site of a

parts store, and all other similar uses. For lots subject to this Chapter, this term means any use described by the definition of: 1) motor

vehicle services: light 2) motor vehicle services: heavy 3) or motor vehicle services: large vehicle per Part 5D. (Use Definitions) .

B. Initiation

1. Inspections

a. The physical facilities of each automotive repair garage or used vehicle sales area shall be

open to the Department for inspections.

b. An inspection fee as specified in Sec. 98.0402(e) (Annual inspection Fee) of this Code shall

be paid by each business operator or property owner to the Department upon notice.

The business operator and the property owner of every site under the jurisdiction of this Section shall be notified of all fees, fines, penalties, costs, or other assessments resulting

from enforcement of this Section and are jointly and severally responsible to ensure that code compliance is maintained, at all times, and that payment of all fees, fines, penalties, costs, or other assessments due for each qualifying business as specified by this Section,

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is made to the Department. If all fees, fines, penalties, costs or other assessments due

pursuant to this Section are not paid, a lien may be placed upon the property as provided

for in Sec. 98.0402(g) (Code Enforcement Costs incurred: investigation Costs, Fees and

Fines) of this Code and Sec. 7.35.1 et seq. of the LAAC. In addition, failure to pay all fees, fines, penalties, costs or other assessments is sufficient cause to institute a Certifcate of i

Occupancy revocation hearing.

c. An inspection may also be made whenever a complaint is received by the Department

concerning a violation of this Code by an automotive repair garage or used vehicle sales

area or as needed to verify continued compliance with applicable Code requirements.

Accessory storage only yards, where no business is conducted, which are nearby but not

contiguous with a main automotive repair garage, may also be subject to inspection and

an additional fee of one half of the annual inspection fee for the yard or building.

2. Order to Comply

a. If the physical facilities of an automotive repair garage or used vehicle sales area are found

to be in violation of any provision of this Code, the Department shall send an order to

comply (“Order”) to the owner of the property and the operator of the automotive repair

garage or used vehicle sales area. The Order shall state the following:

i. The nature of the violation and the Code section violated;

ii. The compliance date by which the violation must be corrected.

b. Failure to correct the violation on or before the compliance date or any authorized

extension may result in commencement of proceedings to revoke the Certifcate of i

Occupancy. These proceedings may involve a revocation hearing. A personal appearance at the hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subsection H. (Additional Standards and Provisions) of this Section ;

c. An appeal may be filed from the Order in the manner provided by Subsection G. (Appeals)

of this Section .

3. Re-Inspection

The Department may re-inspect an automotive repair garage or used vehicle sales area for

which an Order was issued pursuant to this Section subsequent to the compliance date or any

authorized extension.

4. Enforcement Authority Prior to Revocation Notice

The Superintendent may commence enforcement pursuant to Sec. 98.0408 (Issuance of

Citations by Designated Employees) of this Code if the violations noted in an Order are not

corrected on or before the due date noted upon such notice.

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C. Notice of intent to Revoke and Revocation Hearing

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1. If any violation specified in the Order is not corrected prior to the compliance date or any

extensions, or if the annual inspection fee has not been paid within 60 days of assessment,

pursuant to Sec. 98.0402(e) (Annual inspection Fee) of this Code, then the Department may

commence Certificate of Occupancy revocation proceedings by issuance of a Notice of intent

to Revoke (“Notice”). This Notice shall be sent to the owner of the property and the operator of

the automotive repair garage or used vehicle sales area.

2. The Notice shall state the following:

a. The date and place of the revocation hearing, which shall be scheduled at least 15 days

and not more than 90 days from the date of issuance of the Notice.

b. A list of all violations uncorrected as of the compliance date.

3. Copies of all inspection reports related to such violations are available for inspection by the

owner or operator.

4. Revocation Hearing

a. The Board of Building and Safety Commissioners may appoint a Hearing Ofcerfi to

conduct the hearing, which Hearing Ofcerfi shall not be any individual who participated

in the issuance of any of the Notices required by this Section . Subpoenas may be issued

pursuant to Sec. 98.0307 (Subpoenas) of this Code. The hearing shall be conducted pursuant to the provisions of Sec. 98.0308 (Evidence) and 98.0309 (official Notices) of this

Code.

b. Revocation proceedings may be terminated if each violation noted in the Notice is

corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subsection I. (Additional

Standards and Provisions) of this Section .

D. Decision

1. Hearing Ofcerfi ’s Report

Within 30 days of the last day of the revocation hearing, the Hearing Ofcerfi shall report its findings and recommendations in writing to the Board of Building and Safety Commissioners.

2. Board of Building and Safety Commissioners Determination

a. Within 30 days of receipt of the Hearing Ofcerfi ’s report, the Board of Building and Safety

Commissioners shall determine whether the Certificate of Occupancy shall be revoked.

b. In making its determination, the Board of Building and Safety Commissioners may hear

from the owner, operator, or other interested party.

c. The determination of the Board of Building and Safety Commissioners is final.

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Administration | ARTICLE 13 Div. 13B.10. (Department of Building and Safety)

E. Standards for Review and Required Findings

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City of Los Angeles Zoning Code Chapter 1A

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In ordering a revocation, the Board of Building and Safety Commissioners shall find that:

1. Any of the violations specified in the Order have not been corrected, or that the fines specified

in Subsection H. (Additional Standards and Provisions) have not been paid;

2. That, taken together, the remaining uncorrected violations have significant adverse effects on

surrounding properties or the health, peace, or safety of persons residing or working in the

surrounding area; and

3. The owner or operator of the automotive repair garage or used vehicle sales area has failed to

demonstrate to the satisfaction of the Board of Building and Safety Commissioners the ability

or willingness to eliminate problems associated with the automotive repair garage or used

vehicle sales area operation.

F. Scope of Decision

1. Loss of Non-Conforming Rights

Notwithstanding any provision of this Code to the contrary, if a Certificate of Occupancy is

revoked pursuant to this Subsection, then a new Certificate of Occupancy for the property may only be issued if all requirements of the Code in effect at the time of application for such new Certificate are satisfied.

G. Appeals

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Appellate Decision

a. Except for extensions of time granted by the Department as authorized in Subsection

H. (Additional Standards and Provisions) and despite any provisions of this Code to the

contrary, there shall be no appeal to the Board of Building and Safety Commissioners from

any notice issued or determination made by the Department pursuant to this Section .

b. Appeals may be made from Department determinations of violations of Paragraph 3.

(Parking of Cars in Custody of Automotive Repair Garage or Used Vehicle Sales Area) and

Paragraph 4. (Minimum Standards) of Subsection H. (Additional Standards and Provisions)

of this Section .

H. Additional Standards and Provisions

1. Fine Schedule

a. The fine for each violation listed in the Notice shall be as specified in Sec. 98.0402(f)2.

(Code Enforcement Costs incurred: investigation Costs, Fees and Fines) of this Code.

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Administration | ARTICLE 13 Div. 13B.10. (Department of Building and Safety)

b. Fines Distinct from Other Penalties and Fees

City of Los Angeles Zoning Code Chapter 1A

The above fines are separate and distinct from both misdemeanor or infraction fee

penalties provided in the Code and the noncompliance fees authorized in Sec. 98.0411

(Non-Compliance Fees) of this Code.

2. Time Limits for Compliance With Order

a. The automotive repair garage or used vehicle sales area shall comply with the Order

described in Subsection B.2 (Initiation; order to comply) of this Section on or before the compliance date specified in the Order, or any authorized extension. The compliance date

shall be not more than 30 days from the date of the Order.

b. The Department may grant an extension of the compliance date specified in the Order

for an additional period not to exceed 45 days if the owner or operator of the automotive

repair garage or used vehicle sales area presents satisfactory evidence to the Department that unusual difficulties would prevent substantial compliance without such extension.

c. Upon an appeal, the Board of Building and Safety Commissioners may grant an extension

of the compliance date for an additional period not to exceed 180 days if it finds that

the correction of Code violations requiring extensive building alterations would create a

hardship without such extension.

3. Parking of Cars in Custody of Automotive Repair Garage or Used Vehicle Sales Area

No vehicle left in the custody or possession, for any reason, of an automotive repair garage

or used vehicle sales area shall be parked, left standing or stored outside the lot on which the

automotive repair garage or used vehicle sales area is located, except that such vehicles may

be stored within an approved storage yard. A responsible person shall be on the premises

of each automotive repair garage or used vehicle sales lot during hours of operation. This

person shall maintain current records, in a manner that can be immediately supplied to any

enforcement agency upon request (subject to applicable state or federal laws), including the license plate number, vehicle identification number and registered owner of each vehicle

currently in the custody or possession of the automotive repair garage or used vehicle sales

lot for purposes of repair, sales, trade, shipment or other disposition. This Subdivision shall not

apply to employees’ vehicles used for commuting.

4. Minimum Standards

All automotive repair garages shall comply with the minimum standards described in Chapter

I. (General Provisions and Zoning), Sec. 12.26 F. (Automotive Repair Garage and Used Vehicle

Sales Area; Minimum Standards) for lots subject to Chapter I., or all Use Standards that pertain

to the subject use per the lot's applied pursuant to Part 5B. (Use Districts) for lots subject to

this Zoning Code (Chapter 1A).

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Administration | ARTICLE 13 Div. 13B.10. (Department of Building and Safety)

I. Further Action

1. Repeat Violations

City of Los Angeles Zoning Code Chapter 1A

Notwithstanding any provision of this Section to the contrary, if a business or property owner

is issued a subsequent notice for a code violation within one year of the initial notice of an

Order for the same code violation then all of the following apply:

a. Each violation cited in a subsequent Order shall carry a fine as specified in Sec. 98.0402(f)1.

of this Code and shall be paid within 15 days of the compliance date of any subsequent

Order.

b. The compliance date for any subsequent order to comply shall be no more than 10 days

from the date of mailing of notice for repeat violations.

c. No extension of the compliance date may be granted for repeat violations.

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Administration | ARTICLE 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A