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Section
11.00 Provisions Applicable to Code.
11.01 Definitions and Interpretation.
11.02 Inconsistent Permits and Licenses.
11.03 Post War Renewal of Licenses of Craftspersons and Others.
11.04 Delinquent Accounts– Uncollectible Cancellation.
11.05 Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which Are Referred to in the Los Angeles Municipal Code.
11.06 Violation of Municipal Ordinances– Citation in Lieu of Taking Arrested Person Before Magistrate.
11.07 Bad Check Collection Fees.
11.08 City Departments Exempt from Paying Fees or Charges Required by this Code.
11.09 Administrative Determinations– Notice– Judicial Review.
11.10 Exemptions Relating to the Los Angeles 200th Anniversary Celebration.
11.11 Use of the Metric System of Measure as an Alternative System of Measurement.
11.12 Summary of Fees for Bureau of Engineering Services Provided Pursuant to the Provisions of this Chapter.
11.13 Recommendation, Action or Approval by the Community Redevelopment Agency of the City of Los Angeles (CRA/LA), a Designated Local Authority Successor to the Community Redevelopment Agency of the City of Los Angeles (CRA/LA-DLA).
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
(a) Short Title. Reference to Code in Prosecutions. Designation in Ordinances. This Code, which consists of criminal or regulatory ordinances of this City, shall be known as the “Official Los Angeles Municipal Code,” and it shall be sufficient to refer to the Code as the “Los Angeles Municipal Code” in any prosecution for the violation of any of its provisions; it shall also be sufficient to designate any ordinance adding to, amending or repealing this Code or a portion of this Code as an addition or amendment to or a repeal of the “Los Angeles Municipal Code.”
(b) Existing Law Continued. The provisions of this Code, to the extent they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations of the Code and not as new enactments.
(c) Construction. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objectives and to promote justice.
(d) Effect of Code on Past Actions and Obligations Previously Accrued. Neither the adoption of this Code nor the repeal of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date of the ordinance, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under the ordinance, nor be construed as affecting any of the provisions of the ordinance relating to the collection of any license or penalty or the penal provisions applicable to any violation, nor to affect the validity of any bond or cash deposit in lieu of a bond, required to be posted, filed or deposited pursuant to any ordinance or its violation, and all rights and obligations associated with the ordinance shall continue in full force and effect.
(e) References to Specific Ordinances. The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances that are specially designated by a number or otherwise and which are included within this Code, but those references shall be construed to apply to the corresponding provisions contained within this Code.
(f) Heading, Effect of. Division, chapter, article and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, chapter, article or section.
(g) Reference to Acts or Omissions Within This City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Los Angeles and that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, Charter or any law, or by reason of ownership or control of property.
(h) Proof of Notice. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.
(i) Notices, Service of. Whenever a notice is required to be given under this Code, unless different provisions in this Code are otherwise specifically made applicable, the notice may be given either by personal delivery to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the person’s last known business or residence address as it appears in the public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.
(j) Prohibited Acts; Include Causing, Permitting, Suffering. Whenever in this Code any act or omission is made unlawful it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.
(k) Validity of Code. If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Code. The Council of this City hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase or portion of the Code, irrespective of the fact that any one portion or more sections, subsections clauses, phrases or portions are declared invalid or unconstitutional.
(l) In addition to any other remedy or penalty provided by this Code, any violation of any provision of this Code is declared to be a public nuisance and may be abated by the City or by the City Attorney on behalf of the people of the State of California as a nuisance by means of a restraining order, injunction or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City or the City Attorney, on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, the provisions of this Code or seek any other relief or remedy available at law or equity. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
Violations of this Code are deemed continuing violations and each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense.
As part of any civil action, the court may require posting of a performance bond to ensure compliance with this Code, applicable state codes, court order or judgment.
(m) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor unless that violation or failure is declared in this Code to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section. Any violation of this Code that is designated as a misdemeanor, may be charged by the City Attorney as either a misdemeanor or an infraction.
Every violation of this Code is punishable as a misdemeanor unless provision is otherwise made, and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment.
Every violation of this Code that is established as an infraction, or is charged as an infraction, is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $250.00 for each violation.
Violations of this Code may be addressed through the use of an Administrative Citation as set forth in Article 1.2 of Chapter 1 of this Code. The administrative fines prescribed by Chapter 1, Article 1.2 may be sought as an alternative to other legally available civil and criminal remedies. (Amended by Ord. No. 184,766, Eff. 3/27/17.)
Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by that person, and shall be punishable accordingly.
(n) Pursuant to Government Code Section 38773, the City may summarily abate any nuisance at the expense of the persons creating, causing, committing, or maintaining it and the expense of the abatement of the nuisance may be a lien against the property on which it is maintained and a personal obligation against the property owner.
(o) Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to California Health and Safety Code Section 17980.
(a) The following words and phrases whenever used in this Code shall be construed as defined in this section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
“City” shall mean the area within the territorial city limits of the City of Los Angeles and such territory outside of this City over which the City has jurisdiction or control by virtue of any Constitutional or Charter provision, or any law, “Council” shall mean the City Council of this City. “Oath” includes affirmation.
“Find” or “Finding” shall mean a written finding. (Added by Ord. No. 182,095, Eff. 5/7/12.)
“Health Department” or “Department of Health,” after 6/30/64, shall mean the Los Angeles County Health Department. (Added by Ord. No. 127,508, Eff. 6/29/64.)
“Health Officer” or “Health Authority” or “Board of Health Commissioners,” after 6/30/64, shall mean the County Health Officer of the County of Los Angeles, or their duly authorized representative (Added by Ord. No. 127,508, Eff. 6/29/64.)
“Office”. The use of the title of any officer, employee, or any office or ordinance or Charter shall mean such officer, employee, office, ordinance or Charter of the City of Los Angeles unless otherwise specifically designated.
“Person” shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Planning Committee” shall mean the Planning and Land Use Management Committee of the City Council. (Added by Ord. No. 164,740, Eff. 5/27/89, Oper. 7/1/89.)
“Shall” and “May.” “Shall” is mandatory; “May” is permissive.
“Street” shall include all streets, highways, avenues lanes, alleys, courts places, squares, curbs or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
There is nothing in the context of the Los Angeles Municipal Code... which justifies holding that the word streets is used therein to designate a “roadway” exclusive of is sidewalks. Unless it is associated with language restricting its meaning, the term street in its ordinary acceptation, includes sidewalks.
People v. Noble. Cr.A 1498.
See also Note 11(a) 44 C.J. p 883; Bonnett v San Francisco, 65 Cal 230; Marini v. Graham, 67 Cal 130, 132; Ex parte Taylor, 87 Cal. 91, 94; Vanderhurst v. Tholcke, 113 Cal. 147, 150.
“Written” shall include printed, typewritten, mimeographed or multigraphed.
(b) Grammatical Interpretation.
“Genders.” Any gender includes the other genders.
“Singular and Plural.” The singular number includes the plural, and the plural, the singular.
“Tenses.” Words used in the present tense include the past and future tenses and vice versa.
“Use of Words and Phrases.” Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language.
(c) Civil Code Provisions. The provisions of Sections 13 and 1645 of the Civil Code of the State of California are hereby adopted in the interpretation of words and phrases, unless otherwise provided herein.
(Amended by Ord. No. 134,358, Eff. 6/8/67.)
Notwithstanding any other provisions of this Code or any other ordinance of the City of Los Angeles, no permit or license shall be issued in violation of any provisions of this Code or any other ordinance of the City of Los Angeles; if any permit or license is issued in violation of any provision of this Code or any other ordinance of the City of Los Angeles the same shall be void. Any permit or license issued, which purports to authorize the doing of any act prohibited by any other provision of this Code or any other ordinance of the City of Los Angeles, shall be void. Provided, however, that upon publication of a zone change, height district or building line ordinance the Superintendent of Building may issue a permit for a building or structure which will comply with all of the requirements of the new zone, height district or building line. No such permit shall be issued unless the applicant has first executed and filed with the Superintendent of Building a notarized agreement assuming all risk and agreeing to remove all buildings or structures authorized by the permit in the event the zone change, height district or building line ordinance should become effective.
(a) Whenever by any provision of this Code, any license, permit or certificate of qualification is required for carrying on any business, trade, craft, profession or occupation and as a prerequisite the issuance thereof any examination fee shall be required in any case where the applicant for the license, permit or certificate was previously the holder of a similar one, provided the applicant shows that the applicant’s failure to renew the former license, permit or certificate, or to keep it in full force and effect, resulted from the applicant’s induction or entrance into the armed forces of the United States or of any allied nation, and provided the application for renewal is made within six months after the applicant’s honorable discharge from service, and provided proof satisfactory to the issuing board or officer of the city is furnished by the applicant that the applicant has not been physically or mentally incapacitated to properly carry on the business, trade, craft, profession or occupation in question.
(b) Whenever, as to any such license, permit or certificate of qualification, a fee is charged both for the original issuance and for the annual renewal thereof, any application made as provided in Subsection (a) shall be deemed an application for a renewal, and the current renewal fee only shall be charged therefor, to be prorated for the unexpired portion of the license year; except that in no case shall the required renewal fee be less than $1.00.
(c) This section shall be construed to apply as to licenses required under Article I of Chapter 2 of this Code.
(Added by Ord. No. 107,216, Eff. 5/5/56.)
If any board, commission, or head of any department finds that any money is due, or believed to be due the City as and for fees for permits, or resulting from the issuance of any permit, or as the result of the contemplated issuance of a permit, or resulting from any services performed by the City at the special instance and request of the debtor, or resulting from any act of the debtor, and is uncollectible, or that efforts to collect any such sum would be disproportionately costly with relation to the probable outcome of the collecting efforts, such board, commission, or head of a department, may prepare a report setting forth the findings and reasons therefor and submit said findings and reasons to a Board of Review consisting of the Controller, the City Treasurer and the City Attorney, or the duly appointed representative of each. Upon unanimous approval of the findings by the Board of Review, the board, commission or head of the department concerned, may remove from the active accounts receivable of such board, commission or department any unpaid sum owing, or believed to be owing to the City from any person, when the account involved is less than the sum of $1000.00. If the report relates to an obligation or claim owing, or believed to be owing to the City, which amounts to $1000.00 or more, the Board of Review shall make its recommendations upon the findings, and if the Board of Review unanimously approved the findings it shall submit them to the Council together with the findings of the Board, Commission or head of a department. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the board, commission or head of the department. Upon the approval of the findings by the Council, the board, commission or head of the department concerned may remove from the active accounts receivable the amount so approved. The removal from the active accounts receivable of any board, commission or head of a department of any unpaid obligation as hereinabove provided, shall not preclude the City from collection or attempting to collect any such sum that later proves to be collectible. Should any such sum so owing to the City not be collected within the period of the Statute of Limitations of the State of California, and applicable to any such obligation, then the board, commission or head of a department may write off and cancel said obligation. (Amended by Ord. No. 157,016, Eff. 9/24/82.)
(Added by Ord. No. 116,431, Eff. 7/30/60.)
Whenever in this Code reference is made to any designation or numbered provision of any Statute or Code of the State of California, such reference shall be deemed to be to such provision or section as it may be redesignated or renumbered from time to time by act of the Legislature of the State of California in amending or recodifying such Statute, Code or provision or section thereof, to the extent that by such legislative act the intent and meaning of the provision or section remains substantially unchanged.
(Amended by Ord. No. 142,214, Eff. 8/23/71.)
(a) In any case in which a person is arrested for the violation of any provision of this Code, or any ordinance of this City, by a regularly appointed, salaried officer of the Los Angeles Police Department, or by any peace officer, and such person does not demand to be taken before a magistrate, such arresting officer may prepare a written notice to appear and release the person on the person’s promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the Penal Code. The provision of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
(b) In any case in which a person is arrested for the violation of any provision of this Code, or any ordinance of this City, by any officer or employee of this City who is not a peace officer, but who has been authorized by ordinance pursuant to Penal Code Section 836.5 to make such arrests, and such person does not demand to be taken before a magistrate, such arresting officer or employee shall prepare a written notice to appear and release the person on the person’s promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the Penal Code. The provisions of such code shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
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