Los Angeles Municipal Code Div. 4 Authority

(Title and Division Amended in Entirety by Ord. No. 173,011, Eff. 1/30/00.)

Section 161.401 Authority to Administer and Enforce. 161.402 [Uniform Housing Code Adopted.] 161.407 Authorized Representative. 161.408 [Conflicting Provisions.]

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

A. Inspection. The General Manager shall have the authority to conduct inspections of residential rental properties, buildings, units, and structures falling within the scope of this Article. Inspections may be periodic or complaint-based.

B. Re-inspections. The General Manager has the authority to conduct re-inspections after the compliance date stated in the notice and order to determine if the violation has been corrected. If the violation has not been corrected, the General Manager may schedule a General Manager’s hearing or take any other enforcement action deemed appropriate under Chapter XVI of this Code.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Laws, Regulations and Codes. The General Manager shall have the authority to administer and enforce the provisions of this Article, the State Housing Law (Part 1.5 of Division 13 of the California Health and

Safety Code), the State Housing Law Regulations (Sub-chapter 1, Chapter 1, Division 1, Title 25 of the California Code of Regulations), and this Code relating to the maintenance, sanitation, ventilation, use, occupancy, and habitability of existing residential rental properties, buildings, units, and structures falling within the scope of this Article, including enforcement of those requirements governing any alteration, addition, or repair.

B. Abatement Procedures. In addition to the abatement procedures set forth in the State Housing Law and State Housing Law Regulations, the General Manager shall have the authority to utilize the procedures in Divisions 81 and 89 of the Los Angeles Building Code (Article 1, Chapter IX of this Code) to abate existing residential rental properties, buildings, units, and structures that have been determined to be a nuisance, hazardous, or substandard.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Section 201.3, 1997 Edition, of the Uniform Housing Code is hereby adopted by reference.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. The General Manager is hereby designated as an authorized representative of the Superintendent of Building of the Department of Building and Safety for the purpose of implementing and enforcing the following provisions:

1. Los Angeles Building Regulations (Chapter IX of this Code) relating to the maintenance, sanitation, ventilation, use, occupancy, and habitability of existing residential rental properties, buildings, units, and structures falling within the scope of this Article, including enforcement of those requirements governing alterations, additions, or repairs.

2. Los Angeles Zoning Code (Article 2, Chapter I of this Code) Sections 12.21 A.1.(a), 12.21 A.4.(m), 12.21 A.8., and 12.21 C.1.(g).

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

The General Manager is hereby designated as the enforcement agency for the City of Los Angeles, and the Council is designated the governing board of the enforcement agency for the purposes of California Code of Regulations, Title 25, Part 1, Division 1, Subchapter 1, Article 6. The General Manager shall have the authority to propose procedures, standards and guidelines to aid in the enforcement of these provisions of state law which shall become effective upon their adoption by Council by ordinance.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

The General Manager is authorized to call upon the Chief of the Fire Department, Chief of Police, General Services Department, and all other City officers, employees, departments and bureaus to aid and assist in the enforcement of this Article, and it shall then be their duty to enforce the provisions of this Article and to perform those duties as may come within their respective jurisdictions.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

The General Manager shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. These interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.

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

Whenever a power is granted to or a duty imposed upon the General Manager, the power may be exercised or the duty performed by a duly authorized representative of the General Manager under this article.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Nothing in this article shall be interpreted as limiting or prohibiting the authority of City officers or departments to continue to enforce any other provision of this Code or any state or federal law under their jurisdiction. Nothing herein shall be interpreted as authorizing the enforcement of this article contrary to any provision of state or federal law.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Issuance of Orders. If, upon inspection, one or more violations of this Code is discovered, the General Manager shall cause to be issued a notice and order pursuant to this Article, except that, upon inspection, if the premises is declared substandard pursuant to the State Housing Law (Part 1.5 of Division 13 of the California Health and Safety Code), the General Manager shall cause to be issued a notice and order pursuant to the provisions of the State Housing Law.

B. Service on Property Owner/Landlord. Except as otherwise provided, any notice or order required to be served on the property owner/landlord under this Article shall be completed by either:

1. Personal service; or

2. Posting a copy of the notice or order in a conspicuous place on the property along with service by United States Mail, in a sealed envelope, postage prepaid, addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail shall be deemed complete at the time of deposit in the mail.

C. Service on Tenant. Except as otherwise provided, any notice or order required to be served on the tenant under this Article shall be completed by either:

1. Personal service; or

2. Posting the notice or order in a conspicuous place on the property and on a prominent place on each affected unit; or

3. Posting a copy of the notice or order in a conspicuous place on the property along with service by United States mail, in a sealed envelope, postage prepaid, to each affected residential unit. Service by mail shall be deemed complete at the time of deposit in the mail.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Arrest Authority and Immunity. In the performance of the General Manager’s duty, the General Manager shall have the power, authority and immunity of a public officer or employee as set forth in California Penal Code Section 836.5 and to make arrests without a warrant whenever the General Manager has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in the General

Manager’s presence in violation of an ordinance or statute which the employee has the duty to enforce, including: Sections 12.21 A.1.(a), 12.21 A.4.(m), 12.21 A.8., 12.21 C.1.(g), 80.01.1, 91.109.1, 91.310.4, 91.6103, 91.6109, 91.8102.2, 91.8104, and 91.8603.1.1 of this Code, or a violation of California Penal Code Sections 556 or 556.1.

B. Written Notice to Appear. In accordance with Section 11.06(b) of this Code, in cases where a person is arrested pursuant to this Article and does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and shall release the person on the person’s promise to appear as prescribed by California Penal Code Sections 853.5 and 853.6. If the person signs the written notice to appear, thereby promising to appear, the person shall not be taken into physical custody.