Los Angeles Municipal Code § 98.0413 Surcharge for Electrical and Mechanical Testing

(Title Amended by Ord. No. 168,231, Eff. 10/18/92.)

Section

• 98.0401 Superintendent of Buildings May Inspect Records.

• 98.0402 Code Enforcement Costs Incurred: Investigation Costs, Fees and Fines.

• 98.0403.1 Powers of the Department and the Board.

• 98.0403.2 Procedures for Appeals to the Department and to the Board.

• 98.0404 Extra Territorial Inspections.

• 98.0405 Charges for Printed Materials and Miscellaneous Type Services.

• 98.0406 Inspection Fees for Off Hours Inspection.

• 98.0407 Special Enforcement Procedure Fees.

• 98.0408 Issuance of Citations by Designated Employees.

• 98.0410 Surcharge for Development Services Centers.

• 98.0411 Non-compliance Fees.

• 98.0412 Inspection Fees.

• 98.0414 Certification Fees.

• 98.0415 Clerical, Issuing or Research Fees and Miscellaneous Fees.

• 98.0416 Building and Safety Systems Development Surcharge.

• 98.0417 Processing Fees for Miscellaneous Certificates of Compliance.

98.0418 Surcharges for Development of Automated Systems and General Plan Maintenance for the Department of City Planning.

• 98.0419 Waiver of Fees for Structures Damaged in the 1994 Northridge Earthquake.

• 98.0420 Refunds of Department Fees.

• 98.0421 Code Violation Inspection Fee.

• 98.0422 Fees for Off Hours Plan Check and Other Service.

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

Any person engaged in the business of selling, installing or constructing equipment or appliances for which a permit is required under Chapter IX of the LAMC, shall keep written permanent records of all such installations, showing the permit number and date, the address of the place where equipment was installed, the type of installation, and the name of the owner for whom such installation was made. The Superintendent of Building, or the Superintendent’s duly authorized representative, shall have the power to examine, at any reasonable hour, all necessary books and records of any such person for the purpose of ascertaining whether or not permits have been secured for selling, installing or constructing equipment or appliances as required under Chapter IX of the LAMC.

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

(a) Investigation Fee Required. Whenever any work has been commenced without authorization by a permit or application for inspection, and that work violates any provision of Articles 1 through 8 of Chapter IX of the LAMC, and if no order has been issued by the Department or a court of law requiring said work to proceed, a special investigation shall be made prior to the issuance of any permit, license or application for inspection.

An Investigation Fee, which shall be double the amount charged for an application for inspection, license or permit fee, shall be collected on each permit, license or application for inspection so investigated. The required investigation fee shall be in addition to any other fees required by Articles 1 through 8 of Chapter IX of the LAMC. In no event shall the Investigation Fee be less than $400.00.

The payment of the Investigation Fee shall not exempt any person from compliance with the provisions of the Code nor from any penalty prescribed by law.

(b) Collection Fee for Delinquent Invoice For Boilers, Pressure Vessels, Elevators and Emergency Systems. Whenever an owner or user of any apparatus, equipment or emergency system fails to pay the fees required by LAMC Sections 92.0126, 92.0129(d), 92.0132(b), (d) and (e), 93.0235 and 97.0314 within 60 days after notification, the owner or user shall additionally pay, a collection fee equal to 50% of the required fee specified under these same LAMC sections.

(c) An investigation fee of $15.00 per report shall be charged and collected for each boiler or pressure vessel insurance report not submitted as required by LAMC Section 97.0318. This investigation fee shall become due 30 days after the date the inspection has been performed and remains unreported and is in addition to the insurance processing fee.

(d) Non-Compliance Inspection Fee Required. See LAMC Section 98.0411.

(e) Annual Inspection Fee. (Amended by Ord. No. 187,248, Eff. 12/13/21.) Whenever the Department makes annual inspections pursuant to Sections 12.26 F.3., 12.26 I.5., and 13.03 of the Los Angeles Municipal Code (or any other provision of this Code), the Department shall collect a fee from the property owner or business operator for inspection of each "recycling center" and "yard" business as defined in Section 12.26 F.1., each "automotive repair garage" and "used vehicle sales area" business as defined in Section 12.26 I.1., each "surface mining operation" as defined in Section 13.03 B., and each "Collection Bin" as defined in Section 12.03. The annual inspection fees shall be as follows:

1. For each recycling center, yard, automotive repair garage, used vehicle sales area or Collection Bin, $457.00.

2. For each surface mining operation, $265.00.

(f) The Department shall collect an amount levied by penalty fine from every property owner or business operator of a recycling center, yard, automotive repair garage, used vehicle sales area, or Collection Bin, as described in Subsection (e) above, for the following violations of the Los Angeles Municipal Code: (Amended by Ord. No. 187,248, Eff. 12/13/21.)

1. Repeat Violation. Pursuant to Sections 12.26 F.15. and 12.26 I.17. of the Los Angeles Municipal Code, a penalty fine of $200.00 shall be levied when cited in a subsequent notice to comply for the same violation.

2. Notice of Revocation or Failure to Pay Repeat Violation Fine. In addition to any revocation, pursuant to Sections 12.26 F.14. and 12.26 I.16. of the Los Angeles Municipal Code, a penalty fine in the amount of $750.00 shall be levied for each violation specified in a notice of intent to revoke or as a result of failure to pay a repeat violation fine.

(g) 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 section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

(Former Sec. 98.0403 Redesignated by Ord. No. 165,310, Eff. 12/31/89.)

(a) Powers of the Department.

1. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce all ordinances and laws relating to the construction, alteration, repair and demolition, or removal of buildings or structures in the City, and to the installation, alteration, repair, use, and operation of all heating, plumbing, lighting, ventilating, refrigerating, electrical and mechanical appliances and equipment in those buildings or structures.

2. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce all ordinances and laws relating to the construction, alteration, repair, removal or installation of elevators, escalators, console and/or stage lifts, incline cars, manlifts (including any other personnel lifts), personnel hoists, steam boilers, pressure vessels and all connections and appurtenances pertaining to their proper functioning.

3. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) The Department is granted the power to enforce the zoning ordinances of the City.

4. (Amended by Ord. No. 171,455, Eff. 1/30/97.) The Department shall have the power and duty to enforce all ordinances and laws relating to grading and control of excessive dust emission.

5. The Department shall have the power and duty to enforce all portions of the Rules and Regulations of the State Fire Marshal which relate to the construction, alteration, repair, demolition, or removal of buildings, or structures, and to the use and operation of all heating, plumbing, lighting, ventilating, refrigerating, electrical, and mechanical appliances therein. Provided, however, that no application for modification of specific provisions of the Rules and Regulations of the State Fire Marshal shall be granted by the Department, unless and until such application shall be first submitted to the Chief Engineer of the Fire Department or the Chief’s representative for report and recommendation with respect thereto.

6. The Department shall have the power to enforce those building regulations mandated by State or Federal law to be enforced by the local building Department or building official.

7. The Department shall have the power to enforce States laws relating to buildings, structures and construction activities provided the authority to do so has been allowed or granted by the State and the Department has determined to undertake such enforcement.

8. The Department shall have the power to enforce other ordinances and laws when designated to do so by law.

9. In the exercise of the powers enumerated in this subsection, the Department shall have the power to apply the building ordinances of the City (Chapter IX of the LAMC) and those building regulations mandated by state law to be enforced by the local agency, building Department or Building Official to buildings and structures containing one or more air space lots as defined in Article 2, Chapter I of the LAMC so as to treat the entirety of such buildings or structures as if they were on or within a single lot, provided: (Amended by Ord. No. 185,587, Eff. 7/16/18.)

i. That such buildings or structures or portions thereof would otherwise conform to such ordinances and regulations, but for the creation of such air space lots; and

ii. That a covenant and agreement, in a form designed to run with the land and satisfactory to the Department be recorded with the Office of the County Recorder and a copy filed with the Department by the owners binding themselves and future owners and assigns to keep, preserve and maintain all portions of such buildings or structures in accordance with and pursuant to such building ordinances and regulations.

10. (Amended by Ord. No. 170,141, Eff. 1/2/95.) The Department shall have the power to hear and act upon requests for slight modifications in individual cases to the building ordinances of the City, and regulations under Articles 1 through 8 of Chapter IX of the Los Angeles Municipal Code.

In granting a request for a slight modification, the Department shall determine that the slight modification is reasonably equivalent to the ordinance requirement involved, that a special individual reason makes the strict letter of the ordinance impractical and that the slight modification is in conformity with the spirit and purpose of the code or codes involved.

11. (Added by Ord. No. 170,141, Eff. 1/2/95.) The Department shall have the power to hear and determine requests for slight modifications for individual cases in the yard area requirements of the zoning ordinance, provided that in each such modification, the Superintendent shall first find that a special, individual reason makes the strict letter of the ordinance impractical and that the modification is in conformity with the spirit and purpose of the ordinance involved. Any action granting a modification shall be recorded and entered in the files of the Department.

For structures and additions constructed after January 1, 1995, slight modifications from the yard requirements shall be limited to deviations permitting portions of buildings to extend into a required yard or other open space a distance of not to exceed 20 percent of the width or depth of such required yard or open space. However, for structures and additions existing prior to January 1, 1995, slight modifications may be granted for yard deviations slightly over 20 percent.

Except as expressly provided herein, the Superintendent of Building shall not grant deviations from the lot area, height, or density requirements. Further, the Superintendent shall not grant deviations from the yard requirements relating to the height of fences and walls, or including those for tennis or paddle tennis courts and other game courts.

If the yard regulations cannot reasonably be complied with or it is difficult to determine their application on lots of peculiar shape or location, then the regulations may be modified or determined by the Superintendent of Building. The Superintendent may also waive all or part of the required loading space on unusually shaped lots, oddly located lots, or hillside lots, when such space cannot reasonably be provided or utilized.

Requests for yard modifications as provided in this subsection shall be made in accordance with the procedures established in Section 98.0403.2 of the Los Angeles Municipal Code.

12. (Amended by Ord. No. 173,364, Eff. 7/29/00.) The Department shall have the power to enforce any administrative nuisance abatement determination made by the Zoning Administrator, former Board of Zoning Appeals, City Planning Commission, Director of Planning or City Council. There shall be no administrative appeal to any City official or Board from such an enforcement action by the Department.

(b) Powers of the Board.

1. (Amended by Ord. No. 175,428, Eff. 9/28/03.) The Board shall have the power to hear and act upon appeals filed by any person aggrieved by the Department requesting a slight modification under this section, except for those actions permitted in subsection (a)11.

If the Board grants a slight modification on appeal, then the Board shall make the same findings as required by the Department when acting on a slight modification.

2. (Amended by Ord. No. 175,428, Eff. 9/28/03.) The Board shall have the power to hear and determine appeals from orders, interpretations, requirements, determinations, or actions of the Department pertaining to enforcement of specific ordinances, regulations, or laws in site-specific cases. These appeals shall state how the Department has erred or abused its discretion in the matter of the appeal. The Department shall provide the Board with a written report on the appeal. The Department, however, may reverse or modify the action appealed at any time prior to final action by the Commission. The Board shall hear and make its determination on the appeal no later than the 30th calendar day after the appeal is heard.

Notwithstanding the above, the Board shall have no authority to hear and determine appeals from orders, interpretations, requirements, determinations, or actions of the Department pertaining to enforcement of specific ordinances, regulations, or laws contained in Chapter I of the LAMC and in other land use ordinances. Any appeal concerning these requirements shall be made to the Director of Planning in accordance with the provisions set forth in LAMC Section 12.26 K. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

The Department shall maintain a file of requests from individuals or groups who wish to be notified of certain determinations on individual job addresses. These requests shall be submitted to the Department in writing and shall specify the subject job address, and the address and telephone number where they wish to be notified. The request shall be in force until the end of the calendar year in which the request is filed and the request may be renewed at any time during the subsequent calendar year.

The Department shall provide a copy of board agendas by U.S. mail to individuals or groups who wish to receive them. The mailing of agendas shall be maintained by a yearly subscription fee of $50.00. A subscription fee of $25.00 will be charged if there is less than six months remaining in the calendar year. Fees for individual and/or mail requests for copies of board agendas and other documents shall be as set forth in Los Angeles Administrative Code Sections 12.31 and 12.32.

3. The Board shall have the power to act in other situations as provided by ordinance or law.

4. The Board shall have the power to refuse to hear an appeal if the Board determines that the appeal is basically a restatement of a previous appeal on the same job and no substantial additional justification has been presented by the appellant.

5. The power of the Board shall not include the right to hear and act upon any of the following:

i. An appeal from the Department’s action on a request for a slight modification, an appeal of a legitimate Department order or an appeal objecting to the Department’s determination, if such appeal is:

a) Filed on or after the date a citation is issued charging a person with a violation of the Code or any other ordinance or law enforced by the Department, and the appeal in any way involves the citation issuance, an arrest associated with the citation issuance, or the facts or Code issues underlying the citation issuance.

b) (Amended by Ord. No. 170,324, Eff. 3/6/95.) Filed on or after evidence of a violation of the Code or any other ordinance or law enforced by the Department is presented to and accepted by the City Attorney for criminal prosecution.

If an appeal or request for a slight modification is not filed with 15 days after the Department’s action on the violation, the action and/or determination of the Department shall be final.

ii. An appeal in violation of limitations placed upon the Board’s powers as specified in other ordinances, regulations, or law.

iii. (Repealed by Ord. No. 175,428, Eff. 9/28/03.)

iv. If the Board or Superintendent determines that an appeal or request for a slight modification, filed with the Board, relates to Department enforcement of laws or access to public accommodations and housing by the physically handicapped, then the matter shall be referred to the Handicapped Access Appeals Commission for its action. The Board’s jurisdiction shall not include the right to hear appeals from or otherwise review any action, order, or determination of the Handicapped Access Appeals Commission.

v. (Amended by Ord. No. 173,159, Eff. 5/7/00, Oper. 7/1/00.) An appeal dealing with financial, personnel, or administrative issues or other similar matters.

vi. (Amended by Ord. No. 173,364, Eff. 7/29/00.) An appeal seeking relief from any nuisance abatement determination or enforcement decision of the Department relating to any administrative nuisance abatement determination made by the Zoning Administrator, former Board of Zoning Appeals, City Planning Commission, Director of Planning or City Council.

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

(a) Appeals to the Department Under Power Granted in LAMC Section 98.0403.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

1. Such appeals shall be made in writing, upon appropriate forms provided by the Department.

2. An appeal processing fee of $130.00 for the first item and $39.00 for each additional item shall be paid by the appellant prior to the Department processing the appeal and making a determination.

In addition to the appeal processing fee required above, an inspection fee of $84.00 per inspection shall be paid by the appellant when, in the opinion of the Department, the appeal requires field inspections to verify site conditions. Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.

An additional inspection fee as described in LAMC Section 98.0412(a) may be charged by the Department for each inspection necessary to verify compliance with the conditions established by the determination of the Department.

EXCEPTIONS:

A. No appeal fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.

B. No appeal fee shall be required for any appeal on a child-care facility if the owner or operator is a nonprofit child-care organization that has filed a notarized affidavit to that effect with the Department.

C. No appeal fee shall be required for any appeal filed to request an extension of time to comply with an order issued by the Department. This exception shall expire on September 24, 2020. (Added by Ord. No. 186,639, Eff. 5/29/20.)

3. If the Superintendent of Building determines that an item of request involves a material, device or method of construction appropriate for a General Approval under LAMC Section 98.0501, such request shall be accompanied by a filing fee of $165.00 for each request submitted which includes such item.

A supplemental fee as specified in LAMC Section 98.0501(b)4. shall be charged to cover processing time in excess of one hour. If the Department determines that the material submitted with the appeal request substantiates the claim made therein, and no request to hold a hearing is pending, the Department may grant a conditional approval of such request.

4. In any appeal the appellant making the request shall cause to be made, at the appellant's own expense, any tests required by the Department to substantiate the claims therein.

5. The Department may hold any hearings it deems appropriate to consider the appeal.

(b) Appeals to the Board under the Power Granted by LAMC Section 98.0403.1(b). (Amended by Ord. No. 185,587, Eff. 7/16/18.)

1. Such appeals shall be made in writing, upon appropriate forms provided by the Department.

2. Appeals shall be accompanied by a filing fee based upon the subject of the request as set forth in LAMC Tables 4-A or 4-B of this division.

EXCEPTIONS:

A. No filing fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.

B. No filing fee shall be required for any appeal on a child care facility if the owner or operator is a nonprofit child care organization that has filed a notarized affidavit to that effect with the Department.

3. If the Board determines that evidence is required to be taken or that further investigation is necessary to decide any such appeal, the Board may refer the matter to a hearing examiner for hearing and report in accordance with provisions of Los Angeles City Charter Section 217 or to an ordinance-established advisory board, or may refer the matter to the Department for further investigation and report, whichever the Board deems most appropriate.

4. In any appeal, the appellant or person making such request shall cause to be made, at the appellant's own expense, any tests required by the Board to substantiate the claims therein.

5. In addition to any other appeal fees required by this subsection, each appeal shall be accompanied by an inspection fee of $84.00 per inspection when, in the opinion of the Department, the appeal requires field inspections to verify site conditions. The Department may charge an additional inspection fee as specified in LAMC Section 98.0412(a) for each inspection necessary to verify compliance with the conditions established by the Board in any approval or conditional approval.

6. Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.

TABLE NO. 4-A

FILING FEES* FOR APPEALS

* See LAMC Subsection 91.105.4 for fees for referral to the Sign Advisory Committee. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

** Accessory building, structures or appendages will be considered the same as main building and occupancy.

TABLE NO. 4-B

FILING FEES* FOR APPEALS GRADING AND SOIL REQUIREMENTS

* See LAMC Subsection 91.105.3 for fees for referrals to the Engineering Geology Advisory Committee. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) The Department of Building and Safety may make inspections outside the territorial boundaries of the City of Los Angeles when the Superintendent of Building determines that such inspection is necessary for the City’s public health, safety or general welfare. Such inspections may include the inspection of items intended to be used in building construction or as building equipment in the City of Los Angeles. Employees of the Department of Building and Safety shall inspect such items that are manufactured or fabricated during the process of such manufacturing or fabrication in accordance with the requirements of the Los Angeles Municipal Code.

(b) The Superintendent shall adopt reasonable rules and regulations governing such inspections made outside the City boundaries. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(Amended by Ord. No. 168,231, Eff. 10/18/92.)

The Department shall charge and collect the following amounts for the items shown in LAMC Table 4-C of this division prior to providing such materials and/or service to members of the public. The charges herein established shall be sufficient to fully compensate the City for all expenses incurred in the preparation, production, handling and distribution of the items listed and including general overhead expenses. The Superintendent of Building shall periodically review such charges to insure that all applicable expenses to the City are full compensated. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

TABLE 4-C

CHARGES FOR PRINTED MATERIALS

(Amended by Ord. No. 168,231, Eff. 10/18/92.)

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

The Department may, at its discretion, make inspections at other than normal working hours upon application therefor by a permittee. A fee in addition to fees charged elsewhere in this Code, at a rate of $100.00 per hour shall be charged for such inspection, time to include travel to and from place of inspection, with a minimum of $300.00.

(Amended by Ord. No. 168,231, Eff. 10/18/92.)

Whenever special enforcement procedures are required to obtain compliance with properly executed Departmental orders that apply to application for inspection of Construction Permits, a fee of $ 32.00 shall be assessed in addition to fees specified elsewhere in the Municipal Code.

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

(a) In the performance of their duties, Senior Safety Engineers-Pressure Vessels, Senior Safety Engineers- Elevators, Safety Engineers-Pressure Vessels, Safety Engineers-Elevators, Senior Electrical Equipment Testers, Electrical Equipment Testers, Equipment Safety Investigators, Electrical and Mechanical Engineering Assistants, Building Electrical and Building Mechanical Engineering Associates assigned to the Electrical and Mechanical Test Laboratories, and Senior Inspectors and Inspectors in the classifications of Building, Building- Mechanical, Electrical, Heating and Refrigeration and Plumbing shall have the power, authority and immunity of a public officer or employee, as set forth in California Penal Code Section 836.5, to make arrests without a warrant whenever any of them has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in their presence in violation of an ordinance or statute which such employee has the duty to enforce. Those ordinances or statutes shall include any law set forth in Subsection (b) of this section. In accordance with LAMC Section 11.06, in any case in which a person is arrested pursuant to this authority and the person arrested 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 such person signs the written notice to appear, thereby promising to appear, the person shall not be taken into physical custody.

(b) Any person designated in LAMC Section 98.0408(a) shall have the power, authority and immunity of a public officer or employee under California Penal Code Section 836.5 to make arrests without a warrant whenever that person has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in their presence which is a violation of any of the following LAMC Sections:

or a violation of State of California Penal Code Section 556 or 556.1.

(c) Those persons designated in LAMC Section 98.0408(a) are hereby authorized to issue parking citations as provided in LAMC Section 80.01.1 for the violation of LAMC Sections 80.53, 80.56, 80.73(b)2.A.(1), (2), (3), 80.73(b)2.F., 80.73.2, 80.77 and 85.01(b); and California Vehicle Code Section 22500(f).

(Title and Section Amended by Ord. No. 184,548, Eff. 12/11/16.)

(a) There shall be added to the total of all fees imposed for registration of medical marijuana collectives provided for in Article 5.1, Chapter IV of the LAMC and for any permit, plan check, license, application, report, and inspection provided for in Articles 1 through 8, Chapter IX of the LAMC, excluding LAMC Sections and Subsections 91.6205.18, 91.107.4.4, 91.107.4.6, 98.0402, 98.0411, 98.0416, 98.0418 and 98.0716, a surcharge in an amount equal to the greater of 3% of the fees or $1.00. All monies received from this surcharge shall be deposited to and expended as provided for the Construction Services Trust Fund pursuant to Los Angeles Administrative Code Section 5.321. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(b) The previous surcharge amount of two percent is increased solely to pay for the $21.76 million cost of developing and implementing BuildLA, a comprehensive enterprise wide development services system, and shall not be used to pay for ongoing BuildLA costs such as maintenance or system hosting services.

(c) The surcharge increase shall be returned to the greater of two percent or one dollar when the City Administrative Officer determines the surcharge increase has recovered the $21.76 million cost of BuildLA.

(Amended by Ord. No. 168,231, Eff. 10/18/92.)

(a) Noncompliance Fee. (Amended by Ord. No. 171,175, Eff. 7/25/96.) If, in the course of enforcing any state law or local ordinance, the Department issues an order to a person and the person fails to comply with that order within 15 days following the due date for compliance specified in the order and any extension thereof, then the Department shall have the authority to collect a noncompliance fee.

The purpose of this fee is to recover a portion of the cost of any additional inspection and administrative or appeal proceedings incurred by the Department in order to enforce the Code or secure compliance with the order. No more than one such fee shall be collected for failure to comply with an order. This noncompliance fee shall be in addition to fees specified elsewhere in the Los Angeles Municipal Code.

The Department shall not impose a noncompliance fee unless the order states that “a proposed noncompliance fee may be imposed for failure to comply with the order within 15 days after the compliance date specified in the order or unless an appeal or slight modification is filled within 15 days after the compliance date”.

EXCEPTION: If a person against whom an order is issued appeals that order within 15 days after the compliance date set forth in the order, then the Department may not impose a noncompliance fee until a final appeal determination upholding or modifying the underlying Department order has been made. The Department may then impose a noncompliance fee only for failure to comply with the final appeal determination within 15 days after the compliance date or dates specified in the determination.

(b) Appeal. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any person served with an order and notice of proposed non-compliance fee may appeal the order and proposed imposition of the non-compliance fee or request a slight modification pursuant to the procedures set forth in LAMC Section 98.0403.1.

The Department or the Board may rescind or modify the proposed non-compliance fee under the authority granted by LAMC Section 98.0403.1.

If the appeal or request for slight modification is not filed within 15 days after the compliance date or extensions granted therefrom, the determination of the Department to impose and collect a non-compliance fee shall be final.

(c) Collection of the Noncompliance Fee. (Amended by Ord. No. 175,596, Eff. 12/7/03.) If the Department determines pursuant to Subsections (a) and (b) of this section that a noncompliance fee is due, then it shall notify the person cited, by United States mail in a sealed envelope, with postage paid, addressed to the last known address of the person cited as that address appears in the last equalized assessment roll. The notice of noncompliance fee shall state that:

“if the noncompliance fee incurred is not remitted to the Department within 30 days after the date of mailing of this notice, the Department shall impose a late charge equal to two times the noncompliance fee and a collection fee equal to 50 percent of the original noncompliance fee. Any person who fails to pay the noncompliance fee, late charge or collection fee shall also pay interest. Interest shall be calculated at the rate of one percent per month, or fraction of a month, on the amount of the noncompliance fee, late charge and collection fee imposed, from the 60th day after the date of mailing of this notice until the date of payment.”

Service of the notice of noncompliance fee shall be deemed to have been completed at the time of deposit in the United States mail.

The person cited shall remit the noncompliance fee to the Department within 30 days after the date of mailing the notice of noncompliance fee. If the person cited fails to do so, then the Department may demand payment of the noncompliance fee from the person cited and may withhold the issuance of building permits, licenses or approvals to the cited person until the noncompliance fee has been paid.

A late charge equal to two times the noncompliance fee and a collection fee equal to 50 percent of the original noncompliance fee shall be imposed if the fee is not paid within 30 days after the date of mailing the notice of noncompliance fee. Any person who fails to pay the noncompliance fee, late charge or collection fee shall also pay interest. Interest shall be calculated at the rate of one percent per month, or fraction of a month, on the amount of the noncompliance fee, late charge and collection fee imposed, from the 60th day after the date of mailing the notice of noncompliance fee until the date of payment. Any partial payments of the noncompliance fee, late charge, collection fee or interest received shall be applied first to interest, then late charge and collection fee, and lastly to the noncompliance fee.

The City shall have the right to bring legal action in any court of competent jurisdiction to enforce the order and collect the amount of these fees. 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 section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

Notwithstanding the foregoing, the noncompliance fee payment deadline shall be 90 days from the invoice print date instead of 30 days after the date of mailing the notice of noncompliance fee. This 90-day deadline for payment of the fee shall apply to all invoices issued up to and including September 24, 2020. (Added by Ord. No. 186,638, Eff. 5/29/20.)

(d) The amount of the non-compliance fee shall be as shown in Table No. 4 D.

TABLE NO. 4-D

(Amended by Ord. No. 184,674, Eff. 1/29/17.)

NONCOMPLIANCE INSPECTION FEES

BUILDINGS, OTHER STRUCTURES, OPEN USES, SIGNS, LICENSES AND EQUIPMENT

NON-COMPLIANCE FEE

EXISTING BUILDING ENERGY AND WATER EFFICIENCY (EBEWE) PROGRAM

GRADING

* Refer to LAMC Section 91.7003 for definition of slope failure classification. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(Amended by Ord. No. 180,868, Eff. 10/22/09.)

The following fees when referenced to this section by other sections of Chapter IX of the Los Angeles Municipal Code shall be collected by the Department for the following types of inspections:

1 When the cumulative fees set forth in this Code are less than the minimum fee, the minimum fee shall be paid which shall include the issuing fee.

2 The fee for single fixture shall apply to the installation of only one electrical, plumbing or mechanical fixture/ equipment and shall include the issuing fee.

(Deleted by Ord. No. 178,883, Eff. 7/26/07.)

(Amended by Ord. No. 171,185, Eff. 7/22/96.)

Before accepting for filing any application for a Certificate of Qualification or a Maintenance Certificate of Registration, the Department shall collect from the applicant the following fees:

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

The Department may collect a fee from the applicant or appellant for the following types of services:

* A minimum fee of $104.00 shall be payable when a request for a written report on a property or code item is made and any balance shall be due prior to the release of the report. Written reports for which this fee is applicable shall include, but not limited to, interpretation of the public records for the property (document research), termination of covenants and agreements, written interpretation or request for modification of the codes (municipal and/or other codes and regulations), and issuance of reports seeking the status of code violations, permitted use, etc. of a property or other similar purposes.

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

There shall be added to the total of all fees imposed for registration of medical marijuana collectives provided for in Article 5.1, Chapter IV of the LAMC and for any permit, plan check, license, application, report and inspection provided for in Articles 1 through 8, Chapter IX of the LAMC, excluding LAMC Sections and Subsections 91.6205.18, 91.107.4.4, 91.107.4.6, 98.0402(f), 98.0410, 98.0411, 98.0416, 98.0418 and 98.0716, a surcharge in the amount equal to the greater of 6% of the fee or $1.00. All monies received from this surcharge shall be deposited to and expended as the "Building and Safety Systems Development Account" of the Department of Building and Safety Building Permit Enterprise Fund pursuant to Los Angeles Administrative Code Section 5.121.8.

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

The Department of Building and Safety shall charge a fee of $29.00 for the processing of each Certified Licensed Contractor Certificate of Compliance. Such certificates shall be provided for each retrofit of a hot water heater, forced air unit, air-conditioning unit, plumbing fixture, solar panel, domestic water piping within a dwelling or accessory swimming pool, metallic water service piping, reroof, smoke detector, shower pan, masonry and concrete fences not exceeding 6 feet (1828.8 mm) in height replaced or installed, and masonry chimneys repaired as specified in the LAMC.

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

(a) There shall be added to the total of all fees imposed for any building permit required by the provisions of Article 1, Chapter IX of the LAMC, an automated systems development surcharge in an amount equal to the greater of 6% of the fee or $1.00, except that any other surcharge shall be excluded from the computation of the surcharge under this Subsection (a). The Fire Hydrant Fee in LAMC Subdivision 91.107.4.4, and the Arts Development Fee in LAMC Subdivision 91.107.4.6 shall also be excluded from the computation of the surcharge under this Subsection (a). In addition, an administrative fee of $5.00 shall be collected each time the surcharge is collected. Monies received from this surcharge shall be deposited into the City Planning Systems Development Fund pursuant to Los Angeles Administrative Code Section 5.457, except that the $5.00 fee shall be deposited into the Department of Building and Safety Permit Enterprise Fund and credited to the departmental receipts of the Department.

(b) There shall be added to the total of all fees imposed for any building permit required by the provisions of Article 1, Chapter IX of the LAMC, a general plan maintenance surcharge in an amount equal to the greater of 7% of the fee or $1.00, except that any other surcharge shall be excluded from the computation of the surcharge under this Subsection (b). The Fire Hydrant Fee in LAMC Subdivision 91.107.4.4, and the Arts Development Fee in LAMC Subdivision 91.107.4.6 shall also be excluded from the computation of the surcharge under this Subsection (b). In addition, an administrative fee of $5.00 shall be collected each time the surcharge is collected. Monies received from this surcharge shall be deposited into the Department of City Planning Long-Range Planning Special Revenue Fund pursuant to Los Angeles Administrative Code Section 5.400, except that the $5.00 fee shall be deposited into the Department of Building and Safety Permit Enterprise Fund and credited to the departmental receipts of the Department.

The monies received pursuant to this section shall be used for the maintenance of the City's General Plan and all associated underlying plans or elements, ordinances, and other associated planning initiatives. Fifty percent (50%) of the monies received after the effective date of this ordinance shall be used for costs directly related to updating the City's 35 Community Plans.

(Added by Ord. No. 169,813, Eff. 5/10/94.)

Notwithstanding any provision of the LAMC or the Los Angeles Administrative Code to the contrary, the following provisions shall apply to work performed to demolish, repair or rebuild a building or structure damaged or destroyed as a result of the 1994 Northridge Earthquake and its aftermath. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) The Department shall waive all fees which the Superintendent of Building determines are required by Articles 1 through 8 of Chapter IX of the LAMC to repair earthquake damage or to demolish and/or rebuild a building, structure or portion thereof destroyed as a result of the Northridge Earthquake Local Emergency. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(b) In addition, in order to qualify for the waiver of fee as provided in Subsection (a) above, at the time the owner makes application for a permit to demolish or build, the owner shall certify and execute a statement, under penalty of perjury, that any payment or settlement received or to be received from any insurance company for the loss and/or damage sustained from the January 17, 1994 Northridge Earthquake and its aftermath does not or will not include the cost of permits; and that if a payment or settlement from any insurance company does include the cost of permits, then the owner will reimburse the City for such cost.

(c) This ordinance shall apply retroactively so as to permit the full refund, upon submission of a claim therefor, of all fees heretofore paid which would have been subject to waiver by the provisions of this ordinance. In order to qualify for such reimbursement, an owner must certify and execute under penalty of perjury a statement as set forth in Subsection (b) above.

(d) The waiver of fees provided in this section shall be in effect until January 17, 1997. (Amended by Ord. No. 171,168, Eff 8/16/96.)

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

No claim for refund of Department fees shall be allowed in whole or in part unless filed with the City Clerk within 12 months from the date of expiration of the permit/application or of any extensions granted by the Department or within 12 months from the date of any Department or Board action in which a valuation, as required by Chapter IX of the LAMC, is lowered pursuant to the provisions of LAMC Section 98.0403.1. In the case a valuation is lowered, the refund shall be 100% of the difference paid and what should have been paid on all fees.

Insofar as the provisions of this section are in conflict with the provisions of LAMC Sections 22.12 and 22.13, the language of this section shall be construed to control and supersede the language of said sections as to any such conflict.

(Title and Section Amended by Ord. No. 181,497, Eff. 2/3/11.)

(a) Code Violation Inspection Fee. The Department may impose a fee equivalent to the Department's actual cost of investigation or $336.00, whichever is less, whenever the Superintendent of Building conducts an inspection and issues an order or notice after verification of violation(s) of any provision(s) of the Los Angeles Municipal Code, Administrative Code or any Ordinance or State law enforced by the Department.

The fee may be imposed only after a violation is identified and verified upon inspection by the Superintendent. The individual(s) notified, shall be jointly and severally responsible to ensure that the fee specified in this section is paid to the Department. Notification of the fee shall be given to the property owner, person in control of the property, the actual violator, tenant in possession and/or business operator as may be relevant and determined by the Superintendent.

(b) Notice. Notification of the order or notice and the Code Violation Inspection Fee shall be sent by United States Mail in a sealed envelope, with postage paid, addressed to the last known address of the person cited as the address appears in the last equalized assessment roll or delivered in person. Service of the notice shall be deemed to have been completed at the time of deposit with the United States Postal Service.

(c) Collection of the Code Violation Inspection Fee. The person cited shall remit the Code Violation Inspection Fee to the Department within 30 days of the effective date of the order or notice. If a permit is required in order to correct a violation stated in the order or notice, the permit shall not be issued until the Code Violation Inspection Fee including any late charge is paid. Failure to pay the Code Violation Inspection Fee within 30 days after notification will result in a late charge of two (2) times the Code Violation Inspection Fee plus a 50 percent (50%) collection fee for a maximum total of $1,176.00. The Code Violation Inspection Fee is in addition to any other applicable fee, fine or penalty specified elsewhere in the Los Angeles Municipal Code, Administrative Code or any Ordinance or State Law enforced by the Department.

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 section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

Notwithstanding the foregoing, the Code Violation Inspection Fee payment deadline shall be 90 days from the effective date of the order or notice instead of 30 days from the effective date of the order or notice. This 90-day deadline for payment of the fee shall apply to all orders and notices issued up to and including September 24, 2020. (Added by Ord. No. 186,638, Eff. 5/29/20.)

(d) Noncompliance Fee. (Amended by Ord. No. 185,587, Eff. 7/16/18.) A noncompliance fee pursuant to LAMC Section 98.0411 may be charged.

(e) Appeals. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any person served with an order or notice may appeal the Code Violation Inspection Fee or request a slight modification pursuant to the procedures set forth in LAMC Section 98.0403.1.

The Department or the Board may rescind or modify the Code Violation Inspection Fee under the authority granted by LAMC Section 98.0403.1.

If the appeal or request for slight modification is not filed within 30 days after the effective date of the order or notice or extensions granted therefrom, the determination of the Department to impose a Code Violation Inspection Fee shall be final.

(Added by Ord. No. 171,668, Eff. 8/28/97.)

At the request of the applicant, the Department may, at its discretion, provide plan check or other services at other than normal working hours upon application therefor by an applicant. A fee, in addition to fees charged elsewhere in this code, equal to 50 percent of the fees for plan checking or other services or processing shall be collected at the time of the request.