Section 98.0403.2 - PROCEDURES FOR APPEALS TO THE DEPARTMENT AND TO THE BOARD.

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

a. Appeals to the Department under Power Granted in Section 98.0403.1.

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

2. (Amended by Ord. No. 171,185, Eff. 7/22/96.) 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 by this subdivision, an inspection fee of $65.00 shall be paid by the appellant when, in the opinion of the Department, the appeal requires a field inspection to verify site conditions.

An additional inspection fee as described in 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.

EXCEPTION:

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 Los Angeles Municipal Code is the same as specified on said order.

3. If the Superintendent determines that an item of request involves a material, device or method of construction appropriate for a General Approval under Section 98.0501 of the Los Angeles Municipal Code, 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 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.

6. (Added by Ord. No. 169,322, Eff. 2/26/94.)Requests for an extension of time under EXCEPTION 5 of Section 91.8604(a)2B must be accompanied by a fee of $300.00 for the initial appeal. The yearly fee for subsequent extensions is $200.00. The above fees shall include the processing fee and the site verification fee authorized in Subsection (a) of this section.

b. Appeals to the Board under the Power Granted by Section 98.0403.1(b).

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

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

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

EXCEPTIONS:

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 Los Angeles Municipal Code is the same as specified in said order.

No filing fee shall be required on any appeal on a child care facility where 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 Section 89 of the City Charter 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 when, in the opinion of the Department, the appeal requires a field inspection to verify site conditions. An additional inspection fee as specified in Section 98.0412(a) may be charged by the Department for each inspection necessary to verify compliance with the conditions established by the Board in any approval or conditional approval.

6. An appeal from the action of the Department on a request for a slight modification from the yard requirements of the zoning ordinance shall be set for public hearing. Notice of the public hearing shall be mailed to the applicant, the appellant, the owner or owners of the property involved, and to the owners of all properties abutting, across the street or alley from or having a common corner with the subject property. Notice shall be given at least 15 days prior to the Board hearing date.

A copy of the Board's determination shall be mailed to the applicant, to the appellant, to the owner of the subject property if other than the applicant, and to the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. Included in this notice shall be an explanation of an aggrieved persons' right to appeal the Board's decision to the Zoning Administrator pursuant to Section 12.27 A of the Los Angeles Municipal Code.

*The provisions of this section were further amended by Ordinance No. 171,185, which have not been included because of a technical error. These amendments will appear in a later revision.

Section 98.0403.1 - POWERS OF THE DEPARTMENT AND THE BOARD.

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

a. Powers of the Department.

1. The Department is granted the power, by the City Charter, 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 therein.

2. The Department is granted the power, by the City Charter, 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, manhoists, steam boilers, pressure vessels and all connections and appurtenances pertaining to proper functioning thereof.

3. The Department is granted the power, by the City Charter, to enforce the zoning ordinance 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 his 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 9 of the Code) and those building regulations mandated by State 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 Chapter 1, Article 2, of the Code so as to treat the entirety of such buildings or structures as if they were on or within a single lot, provided:

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.

b. Powers of the Board.

1.(Amended by Ord. No. 170,141, Eff. 1/2/95.)The Board shall have the power to hear and act upon appeals filed by any person aggrieved by the Department acting on a slight modification under Section 98.0403.1.

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.

Any such action granting an appeal for slight modification shall be entered in the files of the Board.

2. The Board shall have the power to hear and determine appeals from determinations, orders or actions of the Department pertaining to enforcement of specific ordinances, regulations, or laws in individual cases. Such appeals shall state where it is believed that the Department has errored or abused its discretion in the matter of the appeal. Any such action shall be entered in the files of the Board. 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 not later than the 30th calendar day after the appeal is heard.

The Department shall maintain a file of requests from individuals or groups who wish to be notified of certain determinations on individual job addresses. Such requests shall be submitted to the department in writing and shall specify the subject job address, 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 such request may be renewed at any time during the subsequent calendar year.(Amended by Ord. No. 168,231, Eff. 10/18/92.)

The Department shall provide a copy of board agendas, by U.S. mail to individuals or groups who wish to receive such documents. 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 request for copies of board agendas and other such documents shall be as set forth in Sections 12.31 and 12.32 of the Los Angeles Administrative Code.(Amended By Ord. No. 169,867, Eff. 7/17/94.)

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. An appeal seeking relief from of any zoning ordinance requirement unless specific authority exists in the zoning ordinance granting to the Department or Board the right to hear and determine an appeal.

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. An appeal dealing with financial, personnel, or administrative issues or other matters reserved for the Department in Article VI of the City Charter.