Los Angeles Municipal Code Div. 81 Existing Buildings and Structures – General Requirements

(Division 81 Amended by Ord. No. 171,175, Eff. 7/25/96.)

Section 91.8101 General Provisions. 91.8102 Enforcement. 91.8103 Existing Building Rights. 91.8104 Basic Maintenance and Repair of Existing Buildings and Premises. 91.8105 Illegal Buildings, Construction and Use. 91.8106 Fire District Requirements. 91.8108 Nuisances, Hazardous Buildings and Substandard Residential Buildings. 91.8109 Relocated Buildings. 91.8110 Unreinforced Masonry Bearing Wall Buildings. 91.8111 Residential Heating. 91.8112 Residential Plumbing. 91.8113 Rod Bracing Systems. 91.8114 Parapets and Appendages. 91.8115 Sandblasting. 91.8116 Special Provisions for Light-housekeeping Rooms. 91.8117 Fire Watch.

91.8118 Pool Water Clarity. 91.8119 Historical Buildings and Structures.

(Amended by Ord. No. 182,850, Eff. 1/3/14.)

91.8101.1. Purpose. The purpose of this division is to establish minimum standards to regulate and encourage the proper maintenance and use of existing buildings, structures and premises in order to safeguard life, limb, health, property and public welfare.

91.8101.2. Scope. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The provisions of this chapter shall apply to all or portions of existing buildings, structures or premises.

EXCEPTIONS:

1. Historical buildings may comply with LAMC Section 91.8119.

2. Existing commercial or industrial buildings, for which a building permit was issued prior to April 1, 1994, may be converted to "joint living and work quarters," provided the existing building complies

with Division 85, Article 1, Chapter IX of the LAMC and any other applicable section of the LAMC.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

91.8102.1. General. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, maintain, move, improve, remove, convert, demolish, equip, use or occupy any existing building, structure, premises or portion thereof in violation of the provisions of this division.

Any person who violates or causes or permits another person to violate any provision or requirement of this division is guilty of a misdemeanor. Any person includes an owner, lessor, sublessor, manager or person in control of a building subject to this division. The legal owner of a building is that person, firm, corporation, partnership or other entity whose name or title appears on record with the Los Angeles County Recorder’s Office.

91.8102.2. Occupant Responsibility. It shall be unlawful for any tenant or other individual occupying any dwelling unit, efficiency dwelling unit, guest room or suite in a building to fail to keep the dwelling unit, efficiency dwelling unit, guest room or suite free from an accumulation of debris, filth, rubbish and garbage.

91.8102.3. Penalties. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) Any person convicted of a misdemeanor due to violation of any provision or requirement of this division is subject to penalties as prescribed by Section 11.00(m) of the Los Angeles Municipal Code, which is quoted in part as follows:

“Every violation of this Code is punishable as a misdemeanor unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

Every violation of this Code which is provided for therein to be an infraction is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $50.00 for the first violation, $100.00 for a second violation of the same provision within one year, and $250.00 for each additional violation of the same provision within one year.

Each person shall be guilty of a separate offense for each and every day during any portion of which any violations of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.”

Nothing in this division or Code shall prohibit the payment of investigative costs by any person so convicted of any provision of this division, to the Department of Building and Safety to restitute said agency for all costs expended to investigate and/or enforce the provisions of this Code.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

91.8103.1. General. Every existing building or structure constructed under a valid permit and occupied in conformance with code regulations and Department approvals in effect at the time of such construction and occupancy shall be allowed to continue to exist under those regulations and approvals even though subsequently adopted regulations and approvals have changed the requirements, provided the building, structure or portion thereof does not become a nuisance, a hazardous building, or a substandard residential building, and provided further, that subsequently adopted regulation specifically applicable to existing buildings or structures are met.

91.8103.2. Repair, Rehabilitation, Alteration, and Addition. Repair, rehabilitation, alteration and addition shall comply with Article 1.2, Chapter IX of the LAMC. (Amended by Ord. No. 184,692, Eff. 12/30/16.)

91.8103.3. Group I Occupancy. Buildings classed in Group I Occupancy because of the use or character of the occupancy that are not more than 3 stories in height, that were established prior to March 4, 1972, and that have been continuously operated as that use or character since that time shall comply with Article 1.2, Chapter IX of the LAMC. (Amended by Ord. No. 184,692, Eff. 12/30/16.)

(Added by Ord. No. 171,175, Eff. 7/25/96.)

Every existing building, structure, premises or portion thereof shall be maintained in conformity with the code regulations and Department approvals in effect at the time of such construction and occupancy unless specifically exempt by written approval of the Department.

Every existing building, structure, or portion thereof shall be maintained in a safe and sanitary condition and good repair. The premises of every building or structure shall be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material.

91.8104.1. All physical elements of every existing building, structure or portion thereof shall be maintained by cleaning, painting, staining, refinishing or other restorative means, in a condition as close as reasonably feasible to their originally required and approved state.

91.8104.2. The interior of every existing building, structure and portion thereof and the exterior wall surfaces and premises thereof shall be maintained clean and free from accumulation of debris, rubbish, garbage, trash, overgrown vegetation and other similar material.

91.8104.3. The roof of every building or structure shall be kept waterproof and all devices which were provided to convey the roof water from the roof shall be maintained so as to be capable of fulfilling that purpose.

91.8104.4. The walls and ceilings of every room in every building, structure or portion thereof shall be finished, sealed, coated, painted, or covered in an approved manner so as to maintain them in a clean and sanitary condition. Loose wallpaper or other surfacing shall be removed or repaired so as to provide a smooth, tight-fitting, clean and sanitary surface.

91.8104.5.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The doors, windows, cabinets, frames and similar finishes shall be finished, sealed, coated, painted or covered in an approved manner so as to maintain them in a clean and sanitary condition. Broken or cracked glass or plastics shall be replaced. Torn, worn or broken screens shall be repaired, replaced or removed, unless removal is otherwise prohibited by Code.

91.8104.5.2. Legally required insect screens shall not be removed for other than repair or replacement.

91.8104.6. The floor and floor covering of every room in every building, structure or portion thereof shall be maintained in a clean and sanitary condition. The floor and covering shall be maintained free from defects, holes, loose, worn or missing portions which could present a safety hazard to occupants.

91.8104.7. The plumbing fixtures, shower enclosures, wastewater drain lines, water supply lines, counters, drainboards and adjoining wall and floor areas provided to protect against water damage in every building or structure shall be maintained in good repair and in a clean and sanitary condition.

Leaking drain or supply lines shall be repaired or replaced. Cracked, chipped or damaged fixtures shall be repaired or replaced. All surfaces provided to protect against water damage shall be without cracks, defects or missing portions. All fixtures, enclosures, counters and surfaces shall be kept in a clean and sanitary condition free from dirty or foreign materials.

91.8104.8.1. The electrical service, lines, switches, outlets, fixtures and fixture coverings and supports in every building or structure shall be maintained in good repair. Broken, loose, frayed, inoperative, defective or missing portions shall be repaired or replaced. The fixtures, fixture coverings, switches, and outlets shall be maintained in a clean and sanitary condition free from dirty or foreign materials.

91.8104.8.2. Unless specifically permitted in the National Electrical Code, flexible cords and cables shall not be used as a substitute for the fixed wiring of a structure.

91.8104.8.3. Panelboards and fuseholders shall not be equipped with fuses which exceed the rated ampacity of the protected circuit.

91.8104.9. All plumbing and waste drain lines in every building or structure shall be maintained clear of blockages which would cause overflow at any fixture or which would cause any fixture to overflow under the condition of normal water supply to that fixture.

91.8104.10.1. All water supply lines to kitchen and bathroom fixtures shall be maintained so as to provide at least one gallon per minute rate of water flow, of at least 100o F. However, the maximum temperature at the water heater or storage tank need not exceed 140o F.

91.8104.10.2. Hot water shall continue to be provided to each residential kitchen and bathroom fixture at all times.

91.8104.10.3. No time clock or other devices shall be installed to prevent the supply of the required hot water to residential rental units at any time.

91.8104.11. The existing central heating or individual unit heating for each dwelling unit or guest room shall be maintained in good repair and operable.

91.8104.12. The exterior wall surfaces of every existing building or structure shall be maintained weathertight, in good repair and in a clean and sanitary condition.

91.8104.13. All fences shall be maintained in good repair and shall be kept straight, uniform and structurally sound. Wooden fences shall be either painted or stained or otherwise treated or sealed in an approved manner to prevent their becoming a nuisance from weathering or deterioration.

91.8104.14. All masonry units shall be maintained with head, bed and wall joints solidly filled with mortar.

91.8104.15. The exterior of all privately owned buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley.

91.8104.16. Properties must be free of dead vegetation, shrubs, and trees. In addition, any existing or new irrigation equipment must be maintained and in working order (local and state requirements may apply to watering frequency and consumption). (Added by Ord. No. 184,692, Eff. 12/30/16.)

(Added by Ord. No. 171,175, Eff. 7/25/96.)

Every existing building, structure or portion thereof constructed without a building permit shall be made to conform to the provisions of this Code or shall be demolished and removed. Any use or occupancy existing in a building without authorization of a building permit shall be discontinued and removed or shall be made to conform to the provisions of this Code.

(Amended by Ord. No. 181,758, Eff. 8/8/11.)

91.8106.1. Fire Sprinklers. (Amended by Ord. No. 185,587, Eff. 7/16/18.) In an existing building in Fire District No. 1, every story or basement which has a floor surface elevation more than 4 feet (1219.2 mm) lower than the highest elevation of the floor landing or tread of any required exit from that story shall be sprinklered.

EXCEPTION: Building that is occupied only as a single-family dwelling.

(Amended by Ord. No. 171,858, Eff. 1/23/98.)

Existing buildings which have been determined to be nuisances, hazardous buildings or substandard residential buildings under Division 89, Article 1, Chapter IX of the LAMC are subject to compliance with all the requirements of this Code for a new building. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Department may require an existing building which has been determined to be a nuisance, a hazardous building, or a substandard residential building to comply with all current requirements of this Code for a new building, or may allow the repair of the building without requiring compliance with all the requirements of this Code for a new building where it is determined that the continuance of the existing condition does not pose a substantial hazard to life, limb, health, property or public welfare.

91.8108.1. Additional Requirements for Buildings Determined to Be Nuisances, Hazardous or Substandard Residential Buildings. The Department may impose additional requirements for buildings determined to be nuisances, hazardous or substandard residential buildings in order to address specific conditions that affect proper maintenance, use, repair, rehabilitation, alteration and to safeguard life, limb, health, property and public welfare. If the Department determines to impose additional requirements, the owner shall be notified that a hearing has been scheduled before the Board of Building and Safety Commissioners to determine if additional requirements should be imposed.

91.8108.2. Notice of Intent and Public Hearing. The notice of intent to impose additional requirements and the notice to hold a public hearing before the Board of Building and Safety Commissioners shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the address shown on the last equalized assessment roll. Service by mail shall be deemed to have been completed at the time of deposit in the U. S. Mail. The failure of any owner or person to receive the notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any notice may be made by an affidavit of any employee of the City which shows service in conformity with this section.

The notice shall indicate:

1. The street address of the building or premise, or the approximate street address if no street address has been assigned.

2. That the condition of the building constitutes a nuisance, hazardous or substandard residential building.

3. The additional requirements to be imposed by the Department.

4. Identify the need for the additional requirement.

5. That the owner must appear at a hearing conducted by the Board, at a time, date and location specified in the notice, which shall be at least 15 days from the date of the notice.

6. That upon any such appearance, the owner will be given the opportunity to present and to elicit testimony and other evidence to show cause why the additional requirements should not be imposed.

   7. That this appearance may be made by the submission of written materials if they have been received by the City at least three days prior to the scheduled hearing at the mailing address specified in the notice.

91.8108.3. Public Hearing. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The matter shall be scheduled for hearing before the Board on the date and time specified in the notice. The Board shall proceed to determine whether the additional requirements specified in the notice of intent should be imposed.

The person notified to appear, or the actual owner of the parcel or premises in the event the person notified is not the owner, or any person representing the owner who attends the hearing, shall be given an opportunity to present and to elicit testimony and any other evidence on whether the additional requirements should be imposed. The Board shall proceed with the hearing whether or not that person is in attendance. Written material shall be considered by the Board if it is received at least three days prior to the scheduled hearing date.

At the conclusion of the hearing, the Board shall make a finding and determine whether the condition of the premises warrants additional requirements in order to safeguard life, limb, health, property and public welfare. The owner and any other person who appeared at the scheduled public hearing on behalf of the owner, either in person or by the submission of written material, shall be notified in writing of the determination of the Board. Once the Board has acted, it shall have no further jurisdiction over any matter relating to the imposition of additional requirements on the premises. Any further determinations in this regard, including requests for extensions of time, shall be within the sole jurisdiction and discretion of the Superintendent of Building and not appealable to the Board.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

Any building or structure moved into, out of, or within the City shall comply with the requirements of Division 83, Article 1, Chapter IX of the LAMC.

(Amended by Ord. No. 184,692, Eff. 12/30/16.)

Existing unreinforced masonry bearing wall buildings constructed or under construction prior to October 6, 1933, shall conform to the requirements of Division 88, Article 1, Chapter IX of the LAMC. For other than full compliance to Division 88, Article 1, Chapter IX of the LAMC, all alterations, repairs, additions, Change of Occupancy, change in Class Rating per LAMC Table 88-A, Change in Occupancy Category, and increase in occupant load shall comply with the requirements of Article 1.2, Chapter IX of the LAMC.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

91.8111.1. Every residential unit which is rented or leased shall be provided with approved heating facilities capable of maintaining a room temperature of 70o F. at a point three feet above the floor in all habitable rooms.

Where individual heating facilities are provided within a residential unit, a rating of the facilities in B.T.U. equal to six B.T.U. per cubic foot of habitable floor area shall be considered as fulfilling the required temperature level. All gas heating facilities shall be properly vented.

91.8111.2. Where the heating facilities cannot be activated by the occupant of a residential unit, the owner shall activate the heating facilities whenever the residential unit temperature is 70o F. or less. No time clocks or other devices shall be installed to prevent the occupants of the residential unit from activating the heating facility.

91.8111.3. A legally installed comfort heating appliance shall not be removed or made inoperable.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

When existing water heaters serving rental or lease residential units are replaced, they shall be replaced with units which will provide an overall equivalency or greater in water heater gallon capacity and rate of heat recovery to the replaced units.

Any water heater which is relocated, reinstalled or newly installed from the interior of the building to a location outside the building shall be installed in an approved enclosure. Any new water heater which is installed outside the building shall be installed in an approved enclosure.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

Buildings constructed with adjustable steel rod bracing systems designed to transfer horizontal forces shall be subject to inspection after completion of the building or structure for the purpose of maintaining proper adjustments of the bracing assembly. The owner shall be duly notified if adjustments are found necessary and, upon the receipt thereof, shall cause adjustments to be made satisfactory to the Department.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

No building shall have any parapet or appendage attached to or supported by an exterior wall of the building and located adjacent to a public way or to a way set apart for exit from a building or passage of pedestrians, if such parapet or appendage is not so adequately constructed, anchored or braced as to remain wholly in its original position in event of an earthquake having the effect designated by Division 16, Article 1, Chapter IX of the LAMC.

Whenever the Department determines by inspection that an existing parapet or appendage is not so adequately constructed, anchored or braced as to remain wholly in its original position, the Department shall, by written notice addressed to the owner, person or agent in control of the building, designate and describe the hazards and inadequacies of construction, anchorage or bracing determined by such inspection and direct that the necessary corrections be made to ensure that all of the parapet or appendage remain in its original position. Upon receipt of such notice, the owner, person or agent in control of the building where such parapet or appendage exists, shall, within one year from the date of such notice:

1. Submit to the Department suitable corrective plans;

2. Obtain the necessary alteration permit; and

3. Complete all the work necessary or ordered. All the plans thus submitted shall have the intent of eliminating the parapet or appendage, or reconstructing such parapet or appendage so that it will conform structurally with requirements of this Code, or strengthening such parapet or appendage by bracing or other means so that it will resist the forces of an earthquake and remain in its original position.

Any person receiving a notice as set out in this section may appeal from the notice of the Department in the manner provided by LAMC Sections 98.0403.1 and 98.0403.2.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

No building or other structure shall be sandblasted except by a wet process precluding the creation of dust and dry debris.

Inspection shall be made by the Department after scaffolding and protective enclosure are in place and before work is started.

EXCEPTION: Dry sandblasting may be permitted by the Department only when evidence is submitted that this process is necessary for the proper cleaning of the building or structure. No permission may be granted unless it can be shown that the use of this process will not be detrimental to adjoining property or public welfare.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

91.8116.1. General. (Amended by Ord. No. 186,488, Eff. 12/27/19.) This division does not prevent the use of a room as a light-housekeeping room in any building, provided that such room fully complies with the provisions of this section.

A light-housekeeping room is any room which is designed and used both as a sleeping room and for the cooking or preparation of food.

91.8116.2. Special Provisions.

91.8116.2.1. (Amended by Ord. No. 186,488, Eff. 12/27/19.) Light-housekeeping rooms shall contain not less than 150 square feet in area and shall be occupied by not more than two people. The cooking appliance therein, if any, shall be used solely for the cooking or preparation of meals for consumption by the occupants of the room. The use of cooking appliances, existing in rooms prior to September 20, 1963, shall be in accordance with the provisions of LAMC Subsections 91.8116.2.2 through 91.8116.2.10.

EXCEPTION: A room having a superficial floor area of not less than 120 square feet may be used for light-housekeeping if it is occupied by only one person.

91.8116.2.2. The cooking appliances used therein, if any, shall have no more than two burners. If electric appliances are used, they shall have been tested and approved by the Underwriters Laboratories. If gas appliances are used, they shall have been tested and approved by the American Gas Association.

91.8116.2.3. The installation, maintenance or use of said cooking appliance shall not be hazardous to life, health or property.

91.8116.2.4.1. Said cooking appliance shall rest upon its own legs, or shall be an approved, built-in unit of fixed installation. Said appliance shall be set not closer than six inches from any wall or projection thereof, and shall rest upon an impervious surface.

91.8116.2.4.2. The walls behind and adjacent to said cooking appliance shall be lined or back-flashed with noncombustible material equivalent to 1/4–inch asbestos mill board. The back-flashing shall extend from 12

inches below to 24 inches above the base of the appliance. There shall be clear and unobstructed space of 36 inches above the surface of the cooking appliance.

EXCEPTION: Approved prefabricated kitchen units.

91.8116.2.5.1. Gas-burning appliances shall be connected to the gas supply piping by approved metal piping with an approved gas shutoff valve readily accessible within the room, and maintained in accordance with the provisions of the Plumbing Code.

Electrical appliances and serving circuits shall be installed and maintained in accordance with the provisions of the Electrical Code.

91.8116.2.5.2. Guest rooms, other than those legally converted for light-housekeeping purposes, shall not contain a fuel-gas-burning or electrically energized cooking appliance.

91.8116.2.6. The room shall contain an approved sink with hot and cold running water.

91.8116.2.7. An approved storage cabinet shall be installed in the room. All food, dishes and cooking and eating utensils shall be stored therein when not in use.

91.8116.2.8. The bed in such a room, or any drapes, curtains or other readily combustible material shall be so located that they do not come in contact with the cooking appliances, if any.

91.8116.2.9. Any toilet room opening directly into such a room shall have a tight-fitting door.

91.8116.2.10. An approved method of heating shall be installed in each such room. Cooking appliances shall not be used for the purpose of heating such rooms. No cooking appliance shall be installed within a closet in such a room.

91.8116.3. Bath and Water Closet Facilities. In any building containing six or more light-housekeeping rooms, there shall be one water closet and one bath facility for each five units or fraction thereof. In any building containing five or less light-housekeeping rooms, there shall be one water closet and one bath facility which may be in the same room for each three light-housekeeping units in the building. Such toilet and bath facilities shall be accessible to and from a public hallway.

(Added by Ord. No. 171,175, Eff. 7/25/96.)

Whenever the Department of Building and Safety determines by inspection that a violation affecting life safety from threat of fire exists in an occupied building, the Department may require that a fire watch be assigned to the building. The fire watch shall be a licensed uniformed person chosen by the owner and approved by the Department and shall perform duties in accordance with the Department’s fire watch procedures. The fire watch shall remain in effect until all fire safety work is completed and approved by the Department. Any person who fails to comply with a Department fire watch order shall be guilty of a misdemeanor.

(Amended by Ord. No. 185,587, Eff. 7/16/18.)

The recirculation and purification system of any swimming pool, fish pond, or any other body of water which is required to be fenced by LAMC Section 91.6109, shall be operated and maintained so as to keep the water in such pool or other body of water clean and of reasonable clarity.

In order to define reasonable clarity of the water in such pool, pond or body of water, the following standard shall be applied: A painted black disk, 6 inches in diameter on a 12 inch by 12 inch (304.8 mm x 304.8 mm) white tile, placed at the bottom of the pool at its deepest point, shall be clearly visible from the sidewalks around the pool from all distances up to 10 yards (9.14 m) from such disk, or the water is determined to not be of reasonable clarity.

(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)

Notwithstanding any other provisions of this Code to the contrary, the following provisions shall apply in addition to the provisions of Title 24, Part 8 of the California Code of Regulations, the State Historical Building Code.

91.8119.1. Additions, Alterations and Repairs. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Additions, alterations and repairs shall be made in accordance with the nonconforming rights of LAMC Subsection 91.8101.2 and Section 91.8103.

91.8119.2. Change of Use or Occupancy. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Change of use or occupancy shall comply with LAMC Sections 91.8203 and 91.8204.

91.8119.3. Earthquake Hazard Buildings. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Where the requirements of Division 88, Article 1, Chapter IX of the LAMC are more restrictive than the requirements of this division, the requirements of Division 88, Article 1, Chapter IX of the LAMC shall apply.

91.8119.4. Preservation of Historical Buildings.

91.8119.4.1. If the Department determines that any building, structure, premises or portion thereof, (1) has been designated an historical monument or (2) is being considered as a historical monument by the Cultural Heritage Commission, and (3) is subject to vandalism, or unlawful entry, or has become a hazardous building, nuisance or substandard building, then the Department may cause the building, structure, or premises or any portion thereof, to be immediately barricaded and protected by such means as the Department may deem advisable, including the use of a Department awarded contract.

91.8119.4.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Department may cause the building, structure or premises, or any portion of the building, structure or premises, to be immediately barricaded or protected from further deterioration. The barricading or protection may be accomplished by any City department with the forces to perform the work, upon receipt of a request from the Department, or by any forces under contract to the City. Where the work is accomplished by other than City forces, the cost shall be paid from the "Repair and Demolition Fund" as established in LAMC Section 91.8906. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property upon which the particular building or structure or any portion is located, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

91.8119.4.3. The administrative fee of 40 percent of the costs shall not be included in the calculation of costs incurred for or arising out of any barricading, or protecting, resulting from an event or course of events that prompted a declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor of the State, or by the President of the United States. (Amended by Ord. No. 175,596, Eff. 12/7/03.)

91.8119.4.4. (Amended by Ord. No. 185,587, Eff. 7/16/18.) If the Department determines that the building, structure, or premises or portion thereof is not in danger of imminent deterioration or vandalism, then the Department may, in lieu of the above, require the building, structure or premises or any portion thereof to be secured, repaired or protected pursuant to the provisions of Division 89, Article 1, Chapter IX of the LAMC.

91.8119.5. Vandalism of Historical Buildings. The Department shall have the authority to issue an Order to Comply to an owner of any building that has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission if the Department determines that the building has become subject to vandalism or constitutes a public nuisance. In such circumstances, the Department shall have the authority to issue any order it deems appropriate to keep the property from being further vandalized or from becoming a public nuisance including, but not limited to, ordering that the building be secured and fenced.

For the purposes of this provision, any building which has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission shall include the interiors and exteriors of any accessory building located on an historic site.

91.8119.5.1. Security measures that the Department may order shall include, but not be limited to, the following:

1. The installation of the maximum allowed height under this Code of chain- link perimeter fencing with top mounted horizontal pipe and razor wire, and at least one securely-locked pedestrian gate and the
posting of “NO TRESPASSING” signs, pursuant to Section 41.24 of the Los Angeles Municipal Code, at 25-foot intervals.

2. Steel or plywood closures, with one-inch diameter air holes, installed at all doors and windows. (Sandwich panel installation shall be used so as to avoid drilling into window frames and sashes, doors,
ornament or masonry units.)

3. The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.

Any temporary modifications required to be made to secure the building shall be reversible.

91.8119.5.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any plans or proposals for work required to be performed pursuant to an Order to Comply to secure any building from being further vandalized or from becoming a public nuisance must first be reviewed by the Cultural Affairs Department to ensure that any work done to secure the building will not damage or alter the historic character of the building. This review by the

Cultural Affairs Department must be completed within ten working days from the date any request for review is submitted. The Cultural Affairs Department shall only disapprove a plan or proposal to secure a building if the work will significantly damage or alter the historic character of the building. If the work to be performed includes substantial alteration, the procedures set forth in Los Angeles Administrative Code Section 22.171.12 shall be utilized for review by the Cultural Affairs Department.

Failure to act upon a request for review within the time periods set forth herein shall constitute a waiver by the Cultural Affairs Department of the right to review plans or proposals for the work to be performed. Work ordered to be performed immediately pursuant to an Order to Comply, as determined by the Department of Building and Safety, may be commenced and completed without prior review by the Cultural Affairs Department.

Nothing herein shall be interpreted to prohibit an owner from taking immediate temporary measures to secure a building from unauthorized entry.

91.8119.5.3. 91.8119.5.3.(Amended by Ord. No. 185,587, Eff. 7/16/18.) It shall be unlawful for any property owner to fail to comply with any Order to Comply issued by the Department under this provision and every failure shall be punishable as a misdemeanor.

91.8119.5.4. Additional Remedies – Notice Of Intention. (Amended by Ord. No. 185,587, Eff. 7/16/18.) In addition to the remedies provided by this Code, should an owner fail to comply with an Order to Comply, the Department may take the necessary measures, including those authorized under LAMC Sections 91.8903, 91.8904 and 91.8905, to immediately secure the property against vandalism or prevent it from becoming a public nuisance. Prior to taking these measures, the Department shall send a Notice of Intention to the owner pursuant to the provisions set forth in LAMC Subdivisions 91.8903.3.3 and 91.8903.3.4.

Except for measures taken pursuant to LAMC Section 91.8905, when a Notice of Intention is issued under this section, the provisions of LAMC Subdivision 91.8903.3.5, through and including Subdivision 91.8903.4.3, shall also apply.

This provision is in addition to the remedies provided in LAMC Sections 91.8903, 91.8904, and 91.8905.

All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40% of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City's costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.