Los Angeles Municipal Code Art. IV Failure to Comply

Section 134.01 Enforcement. 134.02 Penalties. 134.03 Notice. 134.04 Hearing. 134.05 Reservation of Rights. 134.06 Relief from Compliance. 134.07 Department Not to Discriminate. 134.08 Public Health and Safety Not to Be Affected. 134.09 Powers of the Department. 134.10 Citizens Advisory Committee. 134.11 Severability.

The Department of Water and Power shall enforce the provisions of Article II and Article III of this chapter.

It shall be unlawful for any customer to fail to comply with any of the provisions contained in Article II or Article III of this chapter. Notwithstanding any other provisions of the Los Angeles Municipal Code the penalties set forth herein shall be exclusive, and not cumulative with any other penalty prescribed in any other section of this Code. The penalties for failure to comply with any of the provisions of this chapter shall be as follows:

a. Violations of the Provisions of Article II.

(i) On the first and second violations by any customer, a warning notice of the fact of such Article II violations shall be issued by the Department and delivered to the customer as provided herein, and if

the violation is of Subsections a, b, c, d, e, or f of Section 132.01 hereof or of Section 132.02 hereof and the customer fails to comply promptly with the requirements of this chapter after receiving notice of said violation, the Department shall terminate service to said customer until such time as compliance thereto is assured, as determined by the Department in its sound discretion. If the violation is of

Subsections h, i, or j of Section 132.01, a surcharge for the 1st and 2nd violations shall be made to the customer in an amount equal to not less than ten percent (10%) nor more than one-hundred percent (100%) of that customer’s electrical bill for the billing period during which the violation occurred in accordance with the following schedule:

Residential/Industrial Customers

(Ten Percent (10%) Reduction Required):

Reduction Achieved 1st Violation Surcharge 2nd Violation Surcharge 8% but less than 10% 10% 20% 6% but less than 8% 20% 40% 4% but less than 6% 30% 60% 2% but less than 4% 40% 80% less than 2% 50% 100%

Commercial/lnstitutional Customers

(Twenty Percent (20%) Reduction Required):

Reduction Achieved 1st Violation Surcharge 2nd Violation Surcharge 16% but less than 20% 10% 20% 12% but less than 16% 20% 40% 8% but less than 12% 30% 60% 4% but less than 8% 40% 80%

less than 4% 50% 100%

(ii) For a third violation by any customer during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the shorter the Department shall access a surcharge where applicable equal to that scheduled for a second violation and shall discontinue electrical service to that customer at the premises at which the violation occurred for a period of two (2) days, upon the giving of notice of the third violation to said customer in the manner herein set forth.

(iii) For a fourth violation by any customer, during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the

shorter the Department shall assess a surcharge where applicable equal to that scheduled for a second violation and shall discontinue electrical service to that customer at the premises at which the violation occurred for a period of five (5) days, upon the giving of notice of such violation to said customer in the manner herein set forth.

(iv) For each subsequent violation by any customer during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the shorter, the Department shall access a surcharge where applicable equal to that scheduled in a second violation and shall discontinue electrical service to that customer at the premises at which the

violation occurred for a period of not less than five (5) days or more than thirty (30) days, as determined by the General Manager.

b. Violations of Provisions of Article III. The Department shall discontinue service to a customer for non-compliance with any of the provisions contained in Article III hereof if, after notice as provided herein, a customer has not initiated compliance or sought a hearing regarding such notice. Service will be restored only after the customer has established compliance with the provision of Article III hereof.

c. Service Charge. The Department shall have the right to recover from the customer all reasonable expenses incurred by the Department in disconnecting and reconnecting the customer’s service pursuant to

the provisions of this chapter and the Department’s rules and regulations adopted pursuant thereto.

The Department shall give notice of each violation to the customer committing such violation as follows:

a. If the penalty assessed is limited to the surcharge described hereinabove, by enclosing with the billing on which said surcharge appears a written notice of the violation.

b. If the penalty assessed is, or includes, the termination of service to the customer for any period of time whatever, notice of the violation shall be given in the following manner:

(i) By giving written notice thereof to the customer personally; or

(ii) If the customer be absent from their place of residence and from their assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy
through the United States mail addressed to the customer at either their place of business or residence; or

(iii) If such place of residence and business cannot be ascertained, or a person of suitable age and discretion cannot be located at the premises, then by affixing a copy in a conspicuous place on the
property where the failure to comply is occurring and also by delivering a copy to a person there residing, if such person can be found, and also sending a copy through the United States mail addressed to
the customer at the place where the property is situated.

Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of the customer’s right to a hearing on the violation.

Any customer against whom a penalty is or may be levied pursuant to this chapter shall have a right to a hearing on the merits of the alleged violation upon the written request of that customer. The Council and Mayor shall adopt such regulations and rules as they, in their sound discretion, deem reasonable and necessary to the formation, procedure and operation of one or more appeal boards to conduct hearings pursuant to this section.

The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service.

a. Prerequisites to Relief. Any customer who is dissatisfied with the application of any of the provisions of this chapter, as the same relate to the customer, may seek relief as set forth below. No relief shall be granted to any customer in the absence of a showing by the customer that the customer has achieved the maximum practical reduction in electricity consumption in their residential, commercial or industrial energy usage, as the case may be, other than in the specific area in which relief is sought. In deciding what is the maximum practical reduction in electricity consumption, the appeal board shall take into consideration all relevant factors, specifically including, although not limited to, the particular question of whether any additional reduction in electrical energy consumption will result in a significant rise in unemployment. Any relief granted pursuant to this subsection shall be only to the extent minimally necessary to avoid a significant rise in unemployment and to achieve the ends reasonably sought in making the application. No relief shall be granted to any customer who, when requested by the Department, fails to provide the Department with information whereby the services provided to the customer can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter.

b. Relief Available. A customer may seek relief as herein provided for any application of the provisions of this chapter that adversely affect the customer at such times as Phase I of the energy curtailment plan is in effect. During Phase II of the energy curtailment plan or any subsequent phase which may hereinafter be imposed, or during the capacity curtailment plan, a customer may seek relief as herein provided only as to the issue of whether that customer committed the particular act or acts, or omitted to perform the particular act or acts, as alleged by the Department.

c. Procedure for Application for Relief. The Mayor, with the concurrence of the City Council, shall establish such number of review boards and appeal boards as the Mayor deems necessary. Each such board shall be composed of 3 members, one of whom shall represent business, one of whom shall represent labor, and one of whom shall represent the general public.

(i) A review board shall promptly examine all Department administrative action regarding resolution of applications for relief which affect commercial, industrial or institutional customers and shall promptly

examine a representative sample of the administrative action taken by the Department regarding the request for relief by residential customers.

(ii) As to each request for relief considered by it, a review board shall, in its discretion, either: not take exception to the Department’s disposition of the matter; return said matter to the Department for reconsideration; or forward the matter to an appeal board. If no exception is taken to the Department’s disposition of the matter, or if the Department’s disposition of the matter is not considered by a review board, and the customer has not filed a timely application for a hearing pursuant to Subsection (d) below, said disposition shall become final.

(iii) Applications for relief from the provisions of this chapter and the operation of the review and appeals board shall be in accordance with the rules and regulation established by the Mayor with the
concurrence of the City Council.

d. Administrative Remedies. The filing by a customer of an application for a hearing before an appeal board, within five (5) days of the Departmental action complained, shall automatically stay the implementation of the proposed course of action by the Department pending the decision of the appeal board. No other or further stay shall be granted by the Department. Requests for relief hereunder may be filed immediately upon this chapter becoming effective.

e. Wilful Misrepresentation. Notwithstanding any other provision of law, and in addition thereto and not in lieu thereof, any wilful misrepresentation of material fact by any person to the Department or to any review or appeal board established pursuant to this chapter, made for the purpose of securing relief from the provisions of the chapter for any customer, is unlawful. A violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment.

The Department shall provide electricity to its customers in accordance with the provisions of this chapter, and in a manner reasonably calculated to effectuate the intent thereof and without regard to the status or nature of the customer.

Nothing contained in this chapter shall be construed to require the Department to curtail the supply of electricity to any customer when, in the discretion of the Department or an appeal board, such energy is required by that customer to maintain an adequate level of public health and safety, nor shall anything in this chapter be construed so as to require action by any customer which would violate any federal, state or local law, rule, or regulation, or endanger the health and safety of any person, or fail to provide a minimal level of security.

a. The Department, in its discretion, may adjust the base assigned to any customer if that customer establishes, to the satisfaction of the Department, that the base, as herein provided, would cause the customer great hardship for reasons including but not necessarily limited to demonstration of substantial conservation achievements, technological improvements to that customer’s premises since the base period, increased employment in said customer’s business since the base period, a substantial change in either the manner or the extent of use of electricity at the location in question since the base period, and abnormal temperature changes, economic fluctuations, and occupancy factors occurring since the base period.

b. The Department shall have the power to reclassify any residential commercial, institutional, or industrial customer to any other classification upon a showing of good cause by said customer of why all customers similarly situated should be so reclassified.

c. The Department shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it deems appropriate thereto to resolve said appeal prior to the submission of said appeal to an appeal board. If a resolution of the appeal is mutually agreed upon between the Department and the customer, the agreement and the fact of concurrence therewith shall be in writing subscribed by the customer, and shall be submitted to a review board as required by Section 134.04. No further appeal may then be taken by the customer on the same, or substantially similar, circumstances and facts.

d. The Department shall have the power to take any and all other steps it deems reasonable and proper to facilitate the fair and just enforcement of this chapter and appeals taken pursuant thereto.

e. The Department shall consult with and consider the advice and recommendations submitted to it by the Citizens Advisory Committee.

a. Upon the enactment by the Mayor of the Emergency Energy Curtailment provisions of this ordinance, the City Council, subject to the approval of the Mayor, may create a Citizens Advisory Committee comprised of 16 members to give counsel to and make recommendations to the Department and the City with respect to the implementation and administration of those provisions of the ordinance and to recommend such amendments thereto as the Committee believes appropriate.

b. Upon creation of the Citizens Advisory Committee, the Councilperson for each Council district shall appoint one person to represent the Councilperson’s office and the Mayor shall appoint one person to serve on each committee. Once created, the committee shall conduct its first meeting at the call of the Chief Legislative Analyst and organize itself by the election of a Chairperson and Secretary. Thereafter such committee shall meet at the call of either its Chairperson, the Mayor, or the City Council.

c. The City Departments of Building and Safety, Police, Fire, Public Works, Airports, Harbor, Recreation and Parks, Transportation, and Water and Power shall each appoint a representative to attend the meetings of such committee and provide such staff support as the committee shall request.

If any section, subsection, clause, or phrase in this chapter or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases of the application thereof to any person or circumstance be held invalid.