A. Unlawful Acts: It shall be unlawful for any person to erect, construct, enlarge, alter, extend, install, repair, move, improve, remove, connect, convert, demolish, equip, use or occupy, or perform any other work, on any building or structure or portion thereof, or with regard to any building service equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this Beverly Hills administrative code. It shall also be unlawful for any person to fail to comply with a requirement of this Beverly Hills administrative code or the code, or to disregard a stop work order, or to maintain any building, structure or building service equipment, or portion thereof, in violation of this Beverly Hills administrative code or the code. No person shall maintain grading (whether in the form of an excavation, fill or a combination thereof) without a permit. This prohibition supersedes any other provisions in Title 9, chapter 1 that pertain to grading.
B. Occupancy Or Use Violations: It shall be unlawful for any person to own, use, occupy, or allow, permit or suffer any use of a building, structure, or premises, or portion thereof, in violation of, any of this Beverly Hills administrative code, or the code.
Whenever any structure or portion thereof or equipment therein is being used contrary to the provisions of this code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this code or other pertinent laws or ordinances, is being used or occupied, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten (10) days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code, provided, however, that in the event of a dangerous building provisions of article 8 of this chapter shall apply.
No person shall own, use, occupy or maintain any "unpermitted structure". For the purposes of this code, "unpermitted structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time, without the required permit(s) having first been obtained from the building official, or any work for which a permit has expired.
C. Recordation Of Violation:
1. General: The building official may record a notice with the Los Angeles County recorder's office that a property, building, structure, land, or any portion thereof (collectively hereinafter, the "subject property") is in violation of any provision of the Technical Codes (as described in subsection 9-1-101A of the Beverly Hills Municipal Code), provided that the provisions of this subsection C. are complied with. The remedy provided herein is cumulative to any other enforcement actions permitted by the Technical Codes or the Beverly Hills municipal code.
2. Recordation: If: a) the building official determines that the subject property is in violation of any provision of the Technical Codes; and if b) the building official gives written notice of said violation(s) as specified below to the owner of the subject property (as identified on the last equalized assessment roll of the Los Angeles County assessor's office), then the building official shall have sole discretion to, at any time thereafter, record with the Los Angeles County recorder's office a notice of violation(s) concerning the subject property.
3. Notice: The written notice of violation(s) given pursuant to this subsection C shall state:
a. A description of the violation(s).
b. The sections of the Technical Codes that pertain to the violation(s); and
c. That if the violation(s) is/are not corrected to the satisfaction of the building official in a timely manner, the building official may, at any time thereafter, record a notice of violation(s) with the Los Angeles County recorder's office against the subject property. "To the satisfaction of the building official in a timely manner" means without limitation that the property owner has properly commenced and completed all required actions with all required approvals and permits to correct all violations in the notice by the stated deadline(s).
d. The notice of violation(s), or copies thereof, shall be posted on the subject property and shall, by registered, certified, or first class mail, be sent to the owner(s) of the subject property as indicated on the last equalized Los Angeles County assessment roll. The building official may also consider and use additional addresses for owner(s) as contained in the city's records.
A notice of violation(s) may be combined with other notices that the building official issues in the administration and/or enforcement of the Technical Codes.
4. Rescission: Any property owner who desires to have a recorded notice of violation(s) rescinded must first fully abate all violations with all required permits and inspection approvals, as required by the Technical Codes. Upon determining full compliance with the Technical Codes has occurred, the building official shall, within twenty (20) days of such a determination, file a rescission of notice of violation(s) with the Los Angeles County recorder's office for recording.
Following the recordation of a notice of violation(s) the building official is not required to make any inspection or review of the subject property to determine the continued existence of the noticed violation(s). It is the responsibility of the property owner to obtain all permits and request inspections, undertake and complete all corrective or other required actions to abate the violation(s) and obtain all required inspection approvals from the building official so that a notice of violation(s) may be rescinded.
5. Appeal. Any person having any right, title, lien, or interest in the subject property for which a notice of violation(s) has been recorded may request a hearing to appeal the notice. An unrecorded notice of violation(s) is not appealable. Persons seeking to appeal a recorded notice of violation(s) shall tender a written request for hearing to the building official (at Beverly Hills City Hall/Development Services Division) within thirty (30) days from the building official's completion of service of the notice of violation(s) as required in subsection C3d. If tendered by mail, the request for a hearing shall be addressed as follows:
Building Official
Development Services Division
Beverly Hills City Hall
455 N. Rexford Drive
Beverly Hills, CA 90210
a. If the building official does not receive a request for a hearing in the thirty (30) day period, the right to appeal a recorded notice of violation is waived. A fee is not required to appeal a notice of violation(s).
b. A request for a hearing shall be dated and signed and state the name of the appellant, his/her/its interest in the subject property and shall include his/her/its mailing address, phone number and email address. If a request for a hearing includes several appellants, each one shall provide that information.
c. A request for a hearing shall also include:
(1) The address of the subject property; and (ii) the case number (as recited in the notice of violation(s); and (iii) all objections to the notice of violation(s) or its recordation.
d. A hearing officer appointed by the city manager shall consider an appeal of a recorded notice of violation(s). The hearing shall occur within thirty (30) days of the building official's receipt of a timely request for a hearing. The building official shall give written notice of the time and place of the hearing, by first class mail, to each appellant at least ten (10) days prior to the date of the hearing. Failure of any appellant to receive a properly addressed notice pursuant to this section shall not affect an appeal hearing. Failure of an appellant or his/her/its representative to appear in person for a hearing constitutes a waiver of the right to appeal a recorded notice of violation(s). In that event, the hearing officer shall cancel the hearing. Only objections specifically raised by the appellant(s) in the request for a hearing shall be considered in an appeal hearing. The hearing officer may grant a continuance of the hearing for good cause shown by an appellant or the building official.
e. An audio recording of the hearing shall be made. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Appellants and the building official shall have the opportunity to present evidence in support of their respective positions and to cross examine witnesses. The building official bears the burden of proof at an appeal hearing to establish cause for issuing a notice of violation(s) and for its recordation. The hearing officer must use preponderance of evidence as the standard of review in deciding the issues on appeal.
f. The hearing officer shall, within thirty (30) days of the hearing, render a decision in writing. A copy of the decision shall be served upon the appellant(s) and the building official by first class mail. If the hearing officer finds that there was cause for the building official to have issued the notice of violation(s) to the property owner and also finds that the building official had cause to conclude that the property owner did not properly commence and complete all required actions with all required approvals and permits to correct all violations in the notice by the stated deadline(s), the hearing officer shall uphold the notice of violation(s) and the property owner remains subject to subsection C4. If the hearing officer finds that the building official did not have cause to issue the notice of violation(s) to the property owner or if the hearing officer finds that the building official did not have cause to conclude that the property owner failed to properly commence and complete all required actions with all required approvals to correct all violations in the notice by the stated deadline(s), the building official shall, within twenty (20) days of such a determination by the hearing officer, file a rescission of notice of violation(s) for recording with the Los Angeles County recorder's office.
g. A hearing officer's decision is final.
D. Penalty: Any person violating, or failing to comply with, any of the provisions of this Beverly Hills administrative code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Beverly Hills administrative code and the code is committed, continued, maintained or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.
E. Costs: Any person that violates any provision of this code shall be responsible for the costs of any and all code enforcement actions taken by the building official in response to such violations. These costs shall be based on the amounts specified by the Beverly Hills schedule of fees and taxes as adopted by the city.
Any person violating the provisions of this Beverly Hills administrative code and the code shall reimburse the city for any and all costs, expenses and fees incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing or remediating any violation of this Beverly Hills administrative code or the code. Such costs, expenses and fees to be paid to the city shall include all administrative expenses and all legal expenses, including costs and attorney fees in obtaining compliance and in litigation, including all costs and attorney fees on any appeal. The costs to be recovered pursuant this section shall be recoverable from any and all persons violating this code. When required by law, this provision shall act as a prevailing party provision entitling the prevailing party to an award of attorney fees. Attorney fees shall not be recoverable unless the city elects in writing, at the initiation of any individual action or administrative proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the city in the action or proceeding. Unpaid attorney fees shall be collectible in any manner allowed by law. (Ord. 16-O-2719, eff. 1-20-2017; amd. Ord. 19-O-2793, 11-19-2019; Ord. 22-O-2868, eff. 1-1-2023)