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(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.
(Added by Ord. No. 124,508, Eff. 6/6/63.)
(a) (Amended by Ord. No. 143,860, Eff. 10/30/72.) Whenever any person pays any fee, charge, deposit, or amount due the City by check, and said check proves to be non-negotiable or is unhonored, the following fee can be charged to and collected from such person in addition to the full amount of the fee, charge, deposit, or amount otherwise due:
$10.00 for each nonnegotiable or unhonored check. (Amended by Ord. No. 157,613, Eff. 5/26/83.)
$25.00 per hour or fraction thereof for any investigation which is made necessary in order to collect or receive an money due after seven calendar days from the date said check was received.
EXCEPTIONS:
1. Any department, division, office or bureau of this City may, by resolution of its board of commissioners, or if none, by order of its general manager, decline to enforce the provisions of this section with respect to those fees, charges deposits, or other amounts which it has the duty of collecting if it determines that collection of the fees provided for in this section is unreasonable or unnecessary. The controller shall be promptly notified of each such action.
2. The chief accounting employee of each department, division, office or bureau of this City enforcing this section may waive the fees provided for herein if that employee determines that such fees are not collectible without unreasonable cost to the City, and the full amount of all fees, charges, deposits, or other amounts for which the non-negotiable or unhonored check has been written has been collected. The Controller shall be promptly notified of each such action. (Amended by Ord. No. 157,202, Eff. 12/11/82.)
(b) This section shall not apply to checks which are returned or unhonored due solely to acknowledged bank error and the check is made good within three days after its original return.
(c) Any person who presents a non-negotiable or unhonored check in payment of fees or charges established by this Code may be placed on a cash-only payment basis by the enforcing department, office, division or bureau for that payment and future payments. (Amended by Ord. No. 157,613, Eff. 5/26/83.)
(d) All fees imposed and collected under the provisions of this section shall be deposited in the General Fund.
(e) There shall be no implementation of Exceptions 1 or 2 of this section unless the concerned department head has approved and caused to be filed and kept current with the Controller a statement of departmental policies and procedures wherein collection of fees under this section shall not be required and may be waived. The procedures shall require that the department head notify the Controller in each instance of any waiver of fee and identify in that notice to the Controller the specific policy or procedure applicable in the instance involved. (Amended by Ord. No. 157,202, Eff. 12/11/82.)
(a) Notwithstanding any other Provision of this Code to the contrary, no budgetary department, bureau or office of the City shall pay any fee or charge required by this Code for any license or permit, or for the performance of any official service provided for in this Code; nor shall any fee or charge otherwise imposed by this Code be required in connection with the relocation or restoration of buildings or structures determined pursuant to Article 5 of Chapter 7 of Division 22 of the Los Angeles Administrative Code to be historical or cultural monuments, and which have been, or are in the process of being, permanently located at a site or facility approved by the City Council for the purposes of preserving, maintaining, and exhibiting such monuments. (Amended by Ord. No. 147,994, Eff. 2/21/76. )
(b) This section shall not apply to any department, bureau or office of this City which has control of its own funds, except the Library and Recreation and Parks Departments; or to fees or charges which are reimbursable from any of the following Funds: Revolving, Trust, Bond or Capital Improvement Projects.
(c) In order to receive such exemption, however, an such exempt departments, bureaus or offices shall attach to each permit or license application a written certification signed by the administrative head of the department, bureau or office that such permit or license is not to be reimbursed from a Revolving, Trust, Bond or Capital Improvement Project Fund. Provided further that any permittee or license exempt under the provisions of subsection (a) hereof because such permit or license is sought in connection with the relocation or restoration of buildings or structures determined to be cultural or historical monuments, as provided for herein, shall attach to each permit or license application a written certification by the Cultural Heritage Board that such building or structure is a cultural or historical monument and is being relocated to or improved upon a site or facility approved by the City Council for the purposes of preserving, maintaining and exhibiting such monuments. (Amended by Ord. No. 147,994, Eff. 2/21/76.)
The provisions of Section 1094.6 of the Code of Civil Procedure of the State of California shall be applicable in the City of Los Angeles to decisions by the City, or by any officer, employee, board, commission or other agency of the City. As used in this section, “decision” means an adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. (Added by Ord. No. 152,078, Eff. 4/22/79.)
(a) Notwithstanding any other provision of this Code to the contrary, no non-profit organization heretofore established to plan the Los Angeles 200th Anniversary Celebration, and formally so recognized by the City of Los Angeles, shall pay any fee or charge required by this Code for any license or permit required in connection with the Los Angeles 200th Anniversary Celebration. (Added by Ord. No. 154,677, Eff. 12/29/80.)
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