A. Required: Except as specified in this code, no building, structure or building service equipment regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, installed, improved, removed, converted or demolished unless a separate, appropriate application has been made and permit for each building, structure or building service equipment has first been obtained from the building official. No grading shall occur without the prior procurement of a grading permit or as authorized by the building official.
1. Sandblasting: No person shall engage in any sandblasting on the inside or outside of any building or structure within the city without first making application, paying fees, and obtaining a permit from the building official. The sandblasting operation shall at all times be protected and separated from any adjoining property by canvas or other suitable barriers sufficient to prevent splashing or blowing of water or sand, or both. Failure to comply with any provision of this code shall be cause for the immediate revocation of any permit and the immediate stoppage of the sandblasting on any job.
B. Work Exempt From Permit: A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction.
1. Building Permits:
A building permit shall not be required for the following:
a. One story (not exceeding 7 feet in height) detached accessory buildings or structures used as tool or storage sheds, playhouses or similar uses, provided the aggregate total projected roof area for all such buildings or structures does not exceed one hundred twenty (120) square feet and the maximum roof projection does not exceed twenty four inches (24"). This exception is not applicable to Trousdale and the Hillside Areas.
b. Retaining walls which are not over four feet (4') in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, and walls that do not require a permit and do not violate provisions under title 10 of the Beverly Hills municipal code.
c. Platforms, walks and driveways not more than thirty inches (30") above adjacent grade and not over any basement or story below, or part of an accessible route, or within any front setback or on top of slopes as defined in title 10 of the Beverly Hills municipal code.
d. Painting, papering and similar finish work.
e. Temporary motion picture, television, and theater stage sets and scenery, except when used as a building.
f. Window awnings projecting not more than fifty four inches (54") and supported by an exterior wall in group R, division 3 and group U occupancies.
g. Prefabricated swimming pools accessory to a group R, division 3 occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed two thousand five hundred (2,500) gallons, provided the requirements of this code are met.
h. Antennas that are less than fifteen feet (15') in height, as measured from the base of the antennas, if such antennas are capable of receiving only VHF, UHF, and FM radio signals.
i. Movable cases, counters and partitions not over five feet nine inches (5'9") in height.
Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for actions and installations that are regulated by this code.
2. Electrical Permits: An electrical permit shall not be required for exempted activities in accordance with California electrical code article 89.
3. Mechanical Permits: A mechanical permit shall not be required for the following:
a. A portable heating appliance.
b. Portable ventilating equipment.
c. A portable cooling unit.
d. A portable evaporative cooler.
e. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code.
f. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes.
g. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes.
h. A unit refrigerating system as defined in the mechanical code.
4. Plumbing Permits: A plumbing permit shall not be required for the following:
a. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code.
b. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
C. Emergency Repairs: Where equipment replacement and repairs must be performed in an emergency situation, a complete permit application shall be submitted within the next working business day to the building official.
D. Minor Repairs: Application or notice to the building official is not required for minor repairs, such as to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal, obstruction or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
E. Public Service Agencies: A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
F. Moved Buildings Or Structures: It shall be unlawful for any person to move, or cause the removal of, a building or structure into, onto, within the city, or out of the city without first obtaining a permit from the building official. The permit fee shall be established by city council resolution. In addition to the applicable requirements specified for demolition of buildings, the permittee shall comply with the following:
1. The necessary permits for moving the building or structure across public property shall be obtained in accordance with title 4, chapter 3, article 7 of the Beverly Hills municipal code regulating the moving of buildings on or across public streets.
2. Before a permit is issued, the applicant may be required to post a performance bond in accordance with the provisions of title 3, chapter 4 of the Beverly Hills municipal code as security. The amount of the bond shall be in an amount, as determined by the building official, which is sufficient to complete any related or concurrent demolition work, restore the site, or to complete relocation of the building or structure.
3. Compliance with the requirements of this article shall not relieve anyone from any other applicable requirements of the Beverly Hills municipal code, including, but not limited to, the provisions of title 4, chapter 3, article 7 regulating the moving of buildings on or across public streets.
4. The property owner or the owner's representative shall post at the property entrance a notice of intent to move a building or structure that is readily visible and either less than forty five (45) years old; or, forty five (45) years or older and the designer is not included on the city's list of master architects, at least ten (10) days prior to issuance of permit whenever the director of community development determines in writing that the grading, demolition, or construction work will have a significant impact on the surrounding properties.
5. If a building or structure is more than forty five (45) years old and the designer is included on the city's list of master architects, the property owner or the owner's representative shall post at the entrance to the property a notice of intent to move at least thirty (30) days prior to issuance of a permit. This requirement can be waived by the director of community development if the director determines that the subject property is not an eligible property. The building or structure relocation activities authorized by a permit issued for a project subject to the thirty (30) day hold period required by this code shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the permit shall be null and void, and of no further effect whatsoever. Any subsequent application for a structure or building relocation permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this paragraph.
The community development department shall furnish the sign for notice of intent to move a building, structure or object. Failure to comply with the requirements of this section shall be cause for the city to engage the necessary services or facilities to accomplish the intent of this section, and the city shall charge the owner of the lot or parcel of land for all costs so incurred by the city.
G. Demolition Of Buildings And Structures: It shall be unlawful for any person to demolish any building or structure, or portion thereof, within the city without first obtaining a permit from the building official. The amount of the fee for the permit shall be established by city council resolution.
The permittee shall comply with the following requirements before a permit to perform demolition may be issued under this section:
1. A construction fence shall be installed to screen the site from view on public property, if required by the building official. The composition, location and effectiveness of the proposed fence for screening purposes shall meet the approval of building official, which shall be confirmed in writing.
2. Water service shall be maintained on the site for the duration of the demolition project and for any subsequent development or improvements on the subject property.
3. When required by other provisions of this code, indemnification bonds and insurance shall be posted with the city.
4. All utility companies shall be notified in writing by the owner of the property of the intention to demolish the building or structure.
5. A permit shall be obtained to remove and fill any basement, pool, sump, or other depression in the surface of the lot or parcel of land.
6. A permit shall be obtained to cap the sewer and any drains connecting to the building or structure. The sewer and drains shall be capped at the property line unless otherwise approved by the building official in writing. The sewer caps shall be inspected and approved by the building official.
7. The building shall be inspected by qualified individuals for the presence of asbestos. If the building is found to contain asbestos, the building owner or his representative shall submit a letter to the building official so stating. If the building is found to contain asbestos, then an asbestos abatement permit shall be obtained from the department upon submittal by the applicant of all necessary documentation as required by rule 1403 of the South Coast air quality management district. Demolition permits shall not be issued prior to submittal of an asbestos abatement completion certificate by qualified contractors.
8. The building shall be inspected for rats and rodent infestation and a report from qualified individuals that are acceptable to the building official shall be submitted attesting that the building is free of any rats or rodents prior to issuance of the demolition permit. If the building is found to be infested, then proper eradication measures by qualified individuals shall be implemented and a report attesting to the eradication of the rodent infestation shall be submitted prior to issuance of the demolition permit.
9. If the building or structure proposed for demolition is forty five (45) years or older and the designer is included on the city's list of master architects, the property owner or the owner's representative shall post at the construction site a notice of intent to demolish at least thirty (30) days prior to issuance of permit. This requirement can be waived by the director of community development if the property has been specifically surveyed for its potential and has been determined to not be eligible for listing on a register of historic resources, or has been subject to a thirty (30) day hold period pursuant to section 10-3-3218 of the Beverly Hills municipal code for the same project. Any subsequent application for a demolition permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this section.
10. If a building or structure proposed for demolition is either less than forty five (45) years old, or forty five (45) years or older and the designer is not included on the city's list of master architects, the property owner or the owner's representative shall post at the construction site a notice of intent to demolish at least ten (10) days prior to issuance of a permit whenever the director of community development determines that the demolition work will have a significant impact on the surrounding properties. Any subsequent application for a demolition permit for the same property shall be subject to a new thirty (30) day hold period pursuant to this section.
The community development department shall furnish the sign for notice of intent to demolish. Failure to comply with the requirements of this section shall be cause for the city to engage the necessary services or facilities to accomplish the intent of this section, and the city shall charge the owner of the lot or parcel of land for all costs so incurred by the city.
Before a demolition permit shall receive final inspection approval and before the pertinent bonds are released, the following requirements shall be met:
a. All concrete, weeds, debris, stones, or other loose material shall be removed from the lot or parcel of land.
b. All basements, pools, tanks, sumps, or other subterranean structures shall be removed and backfilled and the lot properly graded.
c. The fence, when required by the building official, is installed and inspected.
H. Completion Of Demolition: The demolition activities authorized by a demolition permit issued for a project required by this section shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the demolition permit shall be null and void, and of no further effect whatsoever.
I. Performance Bond: When a building is to be demolished, the permittee may be required to post a bond in compliance with the provisions of title 3, chapter 4 of the Beverly Hills municipal code as security for restoration of the site, or completion of the demolition. The amount of the bond shall be in an amount, as determined by the building official, which is sufficient to complete the demolition, or restore the site.
J. Temporary Structures And Uses: Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the building official for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire resistive time periods as required by the building code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. It is unlawful to maintain a temporary structure without a special permit or after a special permit has expired.
K. Historic Buildings: Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made without conforming to the requirements of the technical codes when first authorized in writing by the building official, provided:
1. The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance.
2. Unsafe conditions as determined pursuant to this code have first been fully abated with all required permits and inspection approvals from the development services division.
3. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation considerations than the existing building prior to its restoration.
L. Application For Permit: To obtain a permit, the applicant shall first file an application on a form furnished by the city for that purpose.
1. Application Requirements: Every such application shall:
a. Identify and describe the work to be covered by the permit for which application is made.
b. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
c. Indicate the use or occupancy for which the proposed work is intended.
d. Be accompanied by plans, diagrams, computations, and specifications, and other data as required by section 9-1-108, "Submittal Documents", of this chapter.
e. State the valuation of all proposed work.
f. Be signed by the applicant, or the applicant's authorized agent who may be required to submit evidence to indicate such authority.
g. Give such other data and information, as well as reports, as may be required by the building official.
2. Action On Application: The building official shall examine or cause to be examined the applications for permits, construction documents, plans, specifications, computations and other data filed by an applicant for a permit. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their purview. If the building official finds that the work described in an application for a permit, and the construction documents, plans, specifications and other data filed therewith, conform to the requirements of this code, and all other pertinent laws and ordinances, and that the fees specified by resolution of the city council have been paid, the building official shall issue a permit therefor to the applicant.
3. Expiration Of Application: An application for a permit for any proposed work for which no permit is issued within five hundred forty-five (545) calendar days (18 months) following the date of application shall expire by limitation, and construction documents, plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. Any expired application shall require a new application and applicable fees as determined by the building official shall be paid.
M. Validity Of Permit: The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city are null and void.
The issuance of a permit based on construction documents, plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said construction documents, plans, specifications and other data, or from preventing building operations being carried on in violation of these codes or of any other ordinances of the city.
N. Expiration Of Permit: Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one year (three hundred sixty five (365) calendar days) from the issuance date of such permit. If work authorized by such permit is commenced within three hundred sixty five (365) calendar days from the issuance date, such permit shall expire by limitation and become null and void one hundred eighty (180) calendar days after the date of the last successful inspection.
Permit Extension: A written request for permit extension shall be made by the permittee no later than thirty (30) days after the date of permit expiration. The building official may approve a permit extension for a period of time not exceeding one hundred eighty (180) days from the date of expiration. A permit shall not be extended more than once. A permit extension fee must be paid and an extension granted by the building official prior to the recommencing of work.
If the permittee has made changes to the scope of work as shown on the approved plans and issued permit, or the building standards in effect on the date of the issuance of the original permit are no longer in effect, the building official may require the applicant to submit new plans or other forms of documentation to demonstrate compliance with some or all of the building standards requirements in effect at the time the permit extension request was received. In addition to a permit extension fee, the applicant may also be required to pay additional plan review fees to verify such compliance and inspection fees to verify the condition of the existing project, in the amount as determined by the Building Official.
Expired Permits: Once a permit, including any extension has expired, the permittee shall file a new application. The permittee may be required to resubmit plans and other documentation to demonstrate compliance with any new requirements of the BHMC in effect at the time of the new application was submitted, as determined by the Building Official. The applicant may also be required to pay additional fees, including plan review and inspection fees in the amount as determined by the Building Official.
1. Expiration Of Permit For Unlawful Construction: Notwithstanding any provision of subsection N or any other provision of Chapter 1, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit.
O. Additional Permit Requirements; Noticed Code Violations: Notwithstanding any other provision of the Beverly Hills municipal code to the contrary, private real property shall be free of all noticed code violations as an additional prerequisite for any person to be entitled to obtain a permit from the building official. As used in this section, "noticed code violations" means all activities, conditions or uses on private real property that violate any provision of the Beverly Hills municipal code as described in one or more city notices (from any department or division, or an attorney therefor) or in final administrative citations to a prior or current owner or other responsible person, which violations the city has determined have not been fully corrected in the manner required by the Beverly Hills municipal code prior to the submittal date of an application for a permit.
1. Noticed Code Violations: Where noticed code violations exist, the building official shall issue a notice of denial of permit by first class mail to the permit applicant or to the current owner (if not the applicant). The notice of denial of permit shall include a description of the noticed code violations as well as notice of the right of appeal pursuant to this section. Failure of any person to receive a properly addressed notice of denial of permit pursuant to this section shall not invalidate the denial of a permit or extend the appeal period.
a. The building official may issue a permit or a permit with conditions to an owner, despite the existence of one or more noticed code violations, if he/she determines one of the following circumstances exists:
(1) The noticed code violations require the permit being applied for in order to abate the violations.
(2) Denial of a permit would result in an immediate threat to: a) the health or safety of occupants of the real property on which noticed code violations exist; or b) the occupants of adjoining private property; or c) persons on public property.
b. If the building official imposes conditions on a permit, he/she shall issue a notice of permit condition(s) to the permit applicant or to the current owner (if not the applicant) by first class mail that shall be deposited in a United States postal container. Notice of the right of appeal pursuant to this section shall be included therein. Failure of any person to receive a properly addressed notice of permit condition(s) shall not invalidate the conditions or extend the appeal period. If an owner fails to comply with a condition in a timely manner, as determined by the building official, he/she may suspend or revoke the permit pursuant to this code. The notice and appeal provisions shall apply if the building official issues a notice of suspension or revocation of permit.
c. The issuance of a permit without conditions shall not preclude the division from subsequently issuing a notice of permit condition(s). Failure of any person to receive a properly addressed notice of permit condition(s) shall not invalidate the condition(s) or extend the appeal period.
d. An owner may appeal a notice of denial of a permit or a notice of permit condition(s) that is issued pursuant to this section.
(1) In order to be timely, an owner's dated and signed appeal, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the development services division ("division") within ten (10) calendar days of the date of mailing of the division's notice of denial of permit or a notice of permit condition(s). The appeal shall state all grounds in support thereof. An appeal fee shall not be charged.
(2) An untimely appeal constitutes a waiver of the right to appeal, in which case the division's notice of denial of a permit or notice of permit condition(s) is final.
(3) If an appeal is timely filed with the required fee, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the division's issuance of a notice of denial of permit or a notice of permit condition(s). The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish cause for the division's issuance of a notice of denial of permit or a notice of permit condition(s). All final administrative citations and/or notices to prior or current owners shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the matter on appeal.
(4) The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any person to receive a properly addressed notice pursuant to this section shall not affect any appeal hearing pursuant to this section.
(5) Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event, the notice of denial of permit or the notice of permit condition(s) is final.
(6) The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that upholds the division's determination that cause existed to issue a notice of denial of permit or a notice of permit condition(s). Alternatively, the hearing officer may overrule a notice of denial of permit due to an absence of cause, in which event the owner shall be entitled to obtain a permit, provided all other requirements therefor under the Beverly Hills municipal code have been met. The hearing officer may also overrule a notice of permit condition(s) due to an absence of cause. The notice of decision shall include findings in support thereof. The hearing officer's decision shall be final.
e. The building official may, prior to the issuance of a permit, also require an advance tender of a cash deposit for code enforcement fees to monitor real property for noticed code violations until they have been fully abated to the satisfaction of the building official. Such fees are chargeable from the date of permit issuance and shall terminate upon the abatement of the noticed code violations. The amount of the deposit shall be calculated in the manner set forth below, which shall be in addition to any permit fees. The building official may require the owner to replenish a deposit within seven (7) calendar days of written notice by first class mail, if fifty percent (50%) of that deposit is depleted. Failure to replenish a deposit in a timely manner shall constitute cause for the division to suspend or revoke the permit.
As used in this section, "code enforcement fees" shall mean fees imposed by the city to defray its costs of code enforcement actions, pursuant to California Government Code section 54988 and California Health And Safety Code section 17951 (and any successor statutes thereto), this code, and any other applicable local, state, or federal law, as well as by the city's police powers as authorized by the California constitution.
Monitoring real property for noticed code violations constitutes code enforcement actions pursuant to this section and include, but are not limited to, the time and other resources of public officials in all city departments or divisions and city consultants expended by them to inspect and/or reinspect real property in connection with noticed code violations, as well as to draft reports or notices, take photographs, engage in related communications (whether in meetings or otherwise) with other city officials, other agencies or responsible persons and, to seek or cause the abatement of noticed code violations by the exercise of one or more of the city's remedies. In no instance shall the city charge a code enforcement fee for any actions that are covered by permit fees.
In establishing the required amount of a cash deposit in each case the building official shall estimate the time in hours the city will expend for monitoring actions and shall consider the following factors:
(1) The nature and number of noticed code violations;
(2) Whether their abatement requires city approvals, licenses or permits;
(3) The time it will take for an owner to obtain those approvals, licenses or permits;
(4) The time it will take for an owner to fully abate the noticed code violations with all required approvals, inspections and permits.
The estimate of hours shall be multiplied by the average burdened dollar hourly rate the city pays personnel in the community development department to arrive at the amount of the required deposit.
The city shall provide an accounting of code enforcement fees that have been charged to a deposit in the form of a statement of code enforcement fees by first class mail to an owner within ten (10) calendar days of the date the noticed code violations have been fully abated. If an unused portion of the deposit exists, the city shall tender it to the owner along with the accounting. Notice of the right to appeal the statement of code enforcement fees shall be included that informs the owner of the time period and manner in which to do so. Code enforcement fees that exceed a deposit are nonetheless chargeable to an owner and due the city. Failure of any person to receive a properly addressed statement of code enforcement fees pursuant to this section shall not invalidate the accounting therein or extend the appeal period.
f. In order to be timely, an owner's dated and signed appeal of the statement of code enforcement fees, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the division within ten (10) calendar days of the date of mailing of the division's statement of code enforcement fees. The appeal shall state all objections to the statement. An appeal fee shall not be charged.
An untimely appeal constitutes a waiver of the right to appeal the statement of code enforcement fees, in which case it is final.
If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the statement of code enforcement fees and the noticed code violations. The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish it incurred code enforcement fees in the amount claimed. The statement of code enforcement fees, and all amendments or supplements thereto, shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the matter on appeal.
The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any owner to receive a properly addressed notice of hearing pursuant to this section shall not invalidate a statement of code enforcement fees.
Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event, the statement of code enforcement fees is final.
The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that: 1) upholds the city's statement of code enforcement fees; or 2) determines the statement of code enforcement fees is inaccurate with a written explanation therefor. In that event, the hearing officer shall specify the amount the owner is due for any additional refund of the deposit less any prior city refund, which the city shall tender to the owner within a period of ten (10) days from the date of the notice of decision. The hearing officer's decision shall be final.
g. The division shall, provided all other requirements in the Beverly Hills municipal code have been met, issue a permit once it determines grounds to deny it pursuant to this section no longer exist. The division shall also rescind conditions to a permit once it determines grounds no longer exist to require their imposition.
h. The actions authorized by this section shall not affect, alter, modify or waive the city's right to exercise its remedies at any time against owners or responsible persons in connection with violations of the Beverly Hills municipal code, irrespective of whether they were noticed.
2. Suspension Or Revocation:
a. The building official may, in writing, suspend or revoke a permit when:
(1) The permit was issued in error or on the basis of incorrect, inaccurate, or incomplete information;
(2) It was issued in violation of any provision of the Beverly Hills municipal code;
(3) One or more noticed code violations exist; or
(4) A condition to a permit has not been met or has otherwise been violated.
b. If the building official suspends or revokes a permit pursuant to this section, the building official shall issue a notice of suspension or revocation of permit to the permit applicant or to the owner (if not the applicant) by first class mail. Suspension of a permit shall not extend its life. The notice shall include a description of the basis for the suspension or revocation as well as notice of an appeal right if the notice of suspension or revocation of permit was issued pursuant to subsection O2a(3) or O2a(4) of this section. Failure of any person to receive a properly addressed notice of suspension or revocation of permit shall not invalidate the suspension or revocation of a permit or extend the appeal period.
c. The building official may, as an alternative to suspension or revocation for noticed code violations, impose conditions to a permit in the form of a notice of permit condition(s) that is issued to the permit applicant or to the current owner (if not the applicant) by first class mail. Failure of any person to receive a properly addressed notice of permit condition(s) pursuant to this section shall not invalidate the conditions or extend the appeal period. Failure to comply with a notice of permit condition(s) in a timely manner constitutes additional cause to suspend or revoke a permit.
d. The building official may, prior to issuing a notice of permit condition(s) and in order to monitor noticed code violations, also require tender of a cash deposit (if not previously tendered and/or used) for code enforcement fees that the city incurs from the date of the issuance of a notice of permit condition(s) until the noticed code violations have been fully abated with all required approvals, inspections and permits. The provisions in this code shall apply if a cash deposit is required.
e. Failure to replenish a deposit as required by this code shall also constitute cause for the division to issue a notice of suspension or revocation of permit pursuant to this section. No right of appeal shall exist for a notice of suspension or revocation of permit that has been issued for this reason.
f. An owner may appeal a notice of suspension or revocation that is issued pursuant to subsection O2a(3) or O2a(4) of this section. No right of appeal exists if a notice of suspension or revocation is based on subsection O2a(1) or O2a(2) of this section.
(1) In order to be timely, an owner's dated and signed appeal, which shall contain the owner's mailing address and contact information by telephone and e-mail (if available), must be received by the division within ten (10) calendar days of the date of mailing of the notice of suspension or revocation of permit or a notice of permit condition(s). The appeal shall state all grounds in support thereof. An appeal fee shall not be charged.
(2) An untimely appeal constitutes a waiver of the right to appeal, in which case the notice of suspension or revocation of permit or the notice of permit conditions shall be final.
(3) If an appeal is timely filed, then an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the division's issuance of a notice of suspension or revocation of permit or a notice of permit condition(s). The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Formal rules of evidence and discovery do not apply. The owner and the city shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The city bears the burden of proof at the appeal hearing to establish cause for the division's issuance of a notice of suspension or revocation or a notice of permit condition(s). All final administrative citations and/or notices to prior or current owners shall constitute prima facie evidence of the facts contained in those documents. The hearing officer shall use preponderance of evidence as the standard of review in deciding the issue on appeal.
g. The city shall issue a notice to the owner by first class mail of the date, time and place of the hearing, which notice shall be deposited in a United States postal container no less than ten (10) calendar days prior thereto. Failure of any person to receive a properly addressed notice pursuant to this section shall not affect any appeal hearing pursuant to this section.
h. Failure of an owner to appear at an appeal hearing constitutes a waiver of the right to appeal, in which case the hearing officer shall cancel the hearing. In that event a notice of suspension or revocation of permit or a notice of permit condition(s) is final.
i. The hearing officer shall, within ten (10) calendar days of the hearing issue a written notice of decision to the owner and the city by first class mail that: 1) upholds the division's determination that cause existed to issue a notice of suspension or revocation of permit or a notice of permit condition(s); or 2) reverses the division's suspension or revocation due to the absence of cause.
The notice of decision shall include findings in support thereof. The hearing officer's decision shall be final.
j. The building official shall rescind a notice of suspension or revocation of permit in writing, once it determines cause for its issuance no longer exists. The division shall also rescind a notice of permit condition(s) in writing once it determines grounds no longer exist for their imposition.
k. The actions authorized by this section shall not affect, alter, modify or waive the city's right to exercise its remedies at any time against owners or responsible persons in connection with violations of the Beverly Hills municipal code, irrespective of whether they were noticed.
(Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019; Ord. 22-O-2868, eff. 1-1-2023)