Los Angeles Municipal Code Div. 9 Cost Recovery and Penalties for Violation

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

Section 161.901.1 Inspection Fees. 161.901.2 Additional Fees for Inspections. 161.901.3 Exemption from Fees. 161.901.4 New Property Owner. 161.903.1 [Late Charge.] 161.903.2 [Failure to Pay.] 161.903.3 Rent Withholding. 161.903.3.1 [When Permitted.] 161.903.3.2 [Affirmative Defense.]

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

The Department’s costs, including preparation, inspections, appearances at hearings, the cost of administration and supervision of any work required to abate substandard buildings or violations cited in a notice and order, and all attendant costs for this code enforcement action shall be assessed upon the property owner, at an accrued hourly rate to be set by the General Manager if the General Manager determines that the owner has not completed the required corrective action for all code violations cited in the notice or order within the time period specified in the notice or order or any extensions granted.

(Amended by Ord. No. 175,596, Eff. 12/7/03.)

In addition to any other remedy 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 division or Division 3.5 of this article as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

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

Any person or entity violating this article shall be liable for a civil fine of up to $1,000 for each day the violation is committed or permitted to continue. The fine shall be assessed and recovered in a civil action brought by the City Attorney in any court of competent jurisdiction. There may be no more than one violation per building per day. The Department shall also be entitled to the costs of enforcing this article, pursuant to a court order. Any fine assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Department. The Department shall have the authority to pursue any of the remedies, including fines or fees authorized by California Health and Safety Code Sections 17980, 17980.6 through 17981, and 17992, and any other remedies provided by law. (Amended by Ord. No. 175,596, Eff. 12/7/03.)

Any person or entity properly served in the manner set forth in this article, with a notice or order by the General Manager declaring a building to be a substandard building, or setting forth a violation of this article and demanding its correction within a specified period of time, shall be presumed, in civil proceedings, to have failed to comply with the notice or order if the time for correction has expired without correction of the violation.

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

Any person or entity who erects, constructs, enlarges, alters, repairs, moves, improves, converts or demolishes, equips, uses, occupies, or maintains any building or structure or permits the above to be done, in violation of any provision of this article, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of up to $1,000 or by imprisonment not exceeding six months, or by both, and that person shall be deemed guilty of a separate offense for every day the violation, disobedience, omission, neglect or refusal continues. Any person who does any work in violation of any of the provisions of this article, or any order of the General Manager made pursuant to this article , and any person having charge of work who permits it to be done, shall be liable for the penalty provided.

Any person violating any of the provisions, or failing to comply with any of the requirements of this article shall be guilty of a misdemeanor except that violations of Sections 161.806, 161.807, 161.903.3, and 161.1201 shall not constitute a misdemeanor.

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

No civil or criminal fine, penalty or cost shall be imposed for seeking pre-compliance judicial review of an inspection notice.