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(Amended by Ord. No. 153,591, Eff. 5/11/80.)
A. Statement of Purpose. The provisions of this section are intended to provide relocation assistance to tenants facing eviction due to demolition or removal of their building to another site. Such assistance is required for the reasons stated in Section 47.06.
B. Definitions. For purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:
Landlord: An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
Notice of Termination: The notice of intention to terminate tenancy, whether given by a landlord or by a tenant, provided for by California Civil Code Section 1946. (Amended by Ord. No. 155,397, Eff. 8/2/81.)
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant gives or receives a Notice of Termination: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safely Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children. (Amended by Ord. No. 162,743, Eff. 9/24/87.)
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of such services. (Added by Ord. No. 178,632, Eff. 5/26/07.)
Rental Unit: Each dwelling unit, efficiency dwelling unit, guest room, and suite in the City of Los Angeles, as defined in Section 12.03 of this Code, together with the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. The term shall not include:
1. A one-family dwelling, except where three or more dwelling units are located on the same lot.
2. A two family dwelling, provided that one dwelling unit therein is occupied by a record owner of the property.
3. An apartment house or apartment hotel, provided that such house or hotel contains at most three dwelling units and one such dwelling unit is occupied by a record owner of the property.
4. Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that at such time as an accommodation has been occupied by one or more of the same tenants for sixty 60 days or more such accommodation shall become a rental unit subject to the provisions of this section.
5. Housing accommodations in any hospital, convent, monastery, extended medical care facility, asylum, nonprofit home for the aged, fraternity or sorority house, or housing accommodations owned, operated or managed by an institution of higher education, a high school or an elementary school for occupancy by its students.
6. Housing accommodations which a government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation.
7. Luxury housing accommodations wherein as of May 31, 1978 the rent charged per month was at least $302 for a unit with no bedrooms, $420 for a unit with one bedroom; $588 for a unit with two bedrooms; $756 for a unit with three bedrooms; and $823 for a unit with four bedrooms or more.
8. Mobile home.
Tenant: A tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a rental unit. (Amended by Ord. No. 185,224, Eff. 12/13/17.)
C. Relocation Assistance Required. The landlord shall pay the City a fee for the purpose of providing relocation assistance by the City’s Relocation Assistance Service Provider to each tenant in accordance with Subsection D. of this section in connection with the demolition of a building or its relocation to another site for either of the following purposes: (1) to construct a new condominium, community apartment or stock cooperative, as those terms are defined in the California Government Code and Business and Professions Code; or (2) to use the property for any commercial purpose. Where a landlord is required, pursuant to a condition of approval of a subdivision map, to give a tenant a notice of intention to demolish, the landlord’s obligation to comply with this section does not exist prior to the giving of that notice. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit occupied by other tenants, and an additional $55 per unit to pay for the administrative costs associated with this service. The fees, set forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the first 12 month-period ending September 30, of each year, as determined and published by the Los Angeles Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of this Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
D. Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with the following provisions.
1. Landlord’s Responsibility.
a. (Amended by Ord. No. 178,632, Eff. 5/26/07.) The landlord shall pay a fee to the City so that a Relocation Assistance Service Provider will:
(1) Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental which are comparable as to size and amenities to the unit occupied by the tenant, and
(2) Make a reasonable and good faith effort to assure that tenants without cars are driven, at no cost, and tenants with cars are assisted, in order to inspect replacement rental units, and
(3) Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities.
b. (Amended by Ord. No. 178,632, Eff. 5/26/07.) In order to assist the tenants in meeting costs of relocation, higher rents for replacement housing, and any related expenses, pay a relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the applicable fees:
(1) $14,850 to qualified tenants and a $6,810 fee to all other tenants who have lived in their rental unit for fewer than three years, or
(2) $17,080 to qualified tenants and a $9,040 fee to all other tenants who have lived in their rental unit for three years or longer, or
(3) $18,300 to qualified tenants and $9,650 to all other tenants whose household income is 80 percent or below Area Median Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. Tenants who claim eligibility pursuant to this Subparagraph shall file a statement with the Los Angeles Housing Department verifying their income on a form prescribed by the Los Angeles Housing Department. Requests for a hearing to appeal a decision regarding a tenant’s relocation assistance, including disputes about eligibility for higher relocation assistance based on a tenant’s income, age, length of tenancy, family status and/or disability status, must be filed in writing on the form prescribed by the Los Angeles Housing Department. The Los Angeles Housing Department shall charge the appellant a fee of $193 per rental unit to cover the administrative costs of the hearing. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) The above listed relocation assistance fees will sunset on July 1, 2008, unless the City Council acts by resolution to extend these provisions. If these provisions are not extended, the following provision will become effective on July 1, 2008:
$17,080 to qualified tenants and a $9,040 fee to all other tenants.
For the year beginning July 1, 2008, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment.
c. (Added by Ord. No. 178,632, Eff. 5/26/07.) The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1) The entire fee shall be paid to a tenant who is the only tenant in a rental unit;
(2) If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee;
In no event shall the landlord be liable to pay more than the maximum relocation amounts set forth above to all tenants residing in a rental unit. If a tenant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against any fee required to be paid to the tenant under this section.
2. When Assistance Shall Be Provided. (Amended by Ord. No. 178,632, Eff. 5/26/07.)
a. Payment for Relocation Assistance Service Provider. The landlord shall perform the acts described in Paragraph a. of Subdivision 1. above on or before the service of either the notice described in California Government Code Section 7060.2 (b), or the Notice of Termination, whichever occurs first.
b. Monetary Assistance. The landlord shall provide the assistance described in Paragraph b. of Subdivision 1. above within 15 days of service of the Notice of Termination.
E. Monitoring Program. A demolition permit shall not be issued unless the Los Angeles Housing Department provides a written clearance to the Department of Building and Safety stating that the landlord has complied with the relocation assistance requirements of this section. The landlord shall provide proof of compliance with the relocation assistance requirements of this section to the Los Angeles Housing Department on a form provided by the Los Angeles Housing Department. The form shall be accompanied by a fee of $45 per unit. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
F. Civil Remedies. In an action by a landlord to recover possession of a rental unit, a tenant may raise as an affirmative defense the failure of the landlord to comply with Subsection D of this section. In addition, any landlord who fails to provide monetary relocation assistance to a tenant as required by this section shall be liable in a civil action to the tenant to whom such assistance is due for damages in the amount the landlord has failed to pay, together with reasonable attorney’s fees and costs as determined by the court. (Amended by Ord. No. 155,397, Eff. 8/2/81; Relettered by Ord. No. 178,632, Eff. 5/26/07.)
G. Applicability. (Relettered and Amended by Ord. No. 178,632, Eff. 5/26/07.) This section shall not apply in any of the following circumstances:
1. The building is constructed of unreinforced masonry construction and was built pursuant to a building permit issued prior to October 1, 1933.
2. The building is to be demolished pursuant to a demolition order issued by the Department of Building and Safety under the authority set forth in Division 89 of Chapter IX of this Code.
3. The building is to be demolished or relocated pursuant to a plan to construct on that property housing for low to moderate income households, which housing is to be developed, constructed, or acquired with federal, state or local government financial assistance.
(Added by Ord. No. 153,568, Eff. 5/5/80.)
A. Statement of Purposes. The provisions of this section are intended to provide relocation assistance to tenants of mobilehome parks facing eviction due to the owner’s intent to convert the mobilehome park to another use.
B. Definitions. (Amended by Ord. No. 162,743, Eff. 9/24/87.) For the purposes of this section, the definitions in Section 12.03 of this Code, in Article 1 of the California Mobilehome Residency Law (California Civil Code, Section 798, et seq.), and the following definitions shall apply:
Notice to Quit: In the case of a tenant, the Notice required by Section 798.55(b) of the California Civil Code. In the case of non-tenant resident, the notice required by an applicable provision of law.
Qualified Resident: Any resident, as that term is used in California Civil Code Section 798.11, who satisfies any of the following criteria on the date said resident receives a Notice to Quit as defined above: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safety Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children.
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of those services. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Rental Unit: All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code; all housing accommodations as defined in Government Code Section 12927; duplexes and condominiums in the City of Los Angeles, rented or offered for rent for living or dwelling purposes; the land and buildings appurtenant to these; and all housing services, privileges, furnishings and facilities supplied in connection with their use or occupancy, including garage and parking facilities. This term shall also include mobilehomes, whether rent is paid for the mobilehome and the land upon which the mobilehome is located, or rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24 if located in a mobilehome park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Tenant: A homeowner, as defined in California Civil Code Section 798.9.
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant receives a Notice to Quit as defined above: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safely Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children.
C. Relocation Assistance Required. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
1. The management of a mobilehome park shall provide relocation assistance in connection with the change of use, as defined in Civil Code Section 798.10, of the mobilehome park, or any portion of the park.
2. Exception. This section shall not apply where: (1) the change of use results from the City’s refusal to extend a conditional use permit, or similar permit, upon good faith request of the management for the extension; (2) the California Department of Housing suspends or revokes a permit pursuant to Health and Safety Code Section 18510; or (3) the tenant or resident, as the case may be, received actual written notice from management, prior to entering into an oral or written agreement to become a resident or tenant, that an application to convert the mobilehome park to another use was on file with the City or had already been approved, whichever the case may be.
3. Management shall pay the City a fee for the purpose of providing relocation assistance by the City’s Relocation Assistance Service Provider to each tenant in accordance with Subsection D. of this section. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit occupied by other tenants, and an additional $55 per unit administrative fee to pay for the administrative costs associated with this service. The fees, set forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the first 12-month period ending September 30, of each year, as determined and published by the Los Angeles Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of this Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
D. Manner of Providing Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with the following provisions.
1. Management’s Responsibility. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
a. Management shall pay a fee to the City so that a Relocation Assistance Service Provider will:
(1) Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units, which are comparable as to size and amenities to the unit occupied by the tenant, and
(2) Make a reasonable and good faith effort to assure that tenants without cars are driven, at no cost, and tenants with cars are assisted, in order to inspect replacement rental units, and
(3) Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities.
b. In order to assist the tenants in meeting costs of relocation, higher rents for replacement housing, and any related expenses, pay a relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the applicable fees:
(1) $15,300 to qualified tenants and a $7,000 fee to all other tenants who have lived in their rental unit for fewer than three years; or
(2) $17,600 to qualified tenants and a $9,300 fee to all other tenants who have lived in their rental unit for three years or longer; or
(3) $17,600 to qualified tenants and $9,300 to all other tenants whose household income is 80 percent or below Area Median Income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. Tenants who claim eligibility pursuant to this subparagraph shall file a statement with the Los Angeles Housing Department verifying their income on a form prescribed by the Los Angeles Housing Department. The Los Angeles Housing Department shall charge a fee of $186 per rental unit to resolve any disputes regarding tenant income eligibility. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
For the year beginning July 1, 2009, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment.
c. The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1) The entire fee shall be paid to a tenant who is the only tenant in a rental unit; and
(2) If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee.
In no event shall the landlord be liable to pay more than the maximum relocation amounts set forth above to all tenants residing in a rental unit. If a tenant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against any fee required to be paid to the tenant under this section.
2. When Assistance Shall Be Provided. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
a. Payment for Relocation Assistance Service Provider. Management shall perform the acts described in Paragraph a. of Subdivision 1. above on or before the service of the Notice to Quit.
b. Monetary Assistance. Management shall perform the acts described in Paragraph b. of Subdivision 1. above within 15 days of service of the Notice to Quit.
E. Affirmative Defense. In an action by management to recover possession of a space occupied by a mobilehome or to recover possession of a mobilehome, as the case may be, the defendant may raise as an affirmative defense the failure of management to provide relocation assistance as required by this section.
F. (Repealed by Ord. No. 180,071, Eff. 8/30/08.)
G. Notification to City. (Added by Ord. No. 154,073, Eff. 7/28/80.)
1. The management shall serve, by personal service or by United States Mail, written notice on the Superintendent of Building of the proposed termination of mobilehome park use, accompanied by such information and in a form designated for such purpose by the Superintendent. Upon publication of this subsection in the newspaper, the Superintendent shall forthwith notify the management of all mobilehome parks within the City limits of the requirements of this subsection.
a. Where the Notice to Quit is served on or after the effective date of this subsection, the notice to the Superintendent shall be served on or before the 30th day prior to the expiration of one period stated in the Notice to Quit. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
b. Where the Notice to Quit is served prior to the effective date of this subsection, the notice to the Superintendent shall be served on or before the 10th day prior to the expiration of the period stated in the Notice to Quit.
2. The notice referred to in Subdivision 1 above shall be accompanied by a statement that the management has provided all relocation assistance required by law, accompanied with proof of such assistance in the form of notarized signed acknowledgments from the recipients thereof or a notarized sign waiver of assistance. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
3. If management fails to substantially comply with this Subsection G, as determined by the Superintendent of Building, the Superintendent shall forthwith notify the Director of Planning and all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including but not limited to a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. (Amended by Ord. No. 157,153, Eff. 10/15/82.)
4. This Subsection G shall apply only to those mobilehome parks at which resides a tenant or a resident who is subject to a Notice to Quit which specifies a period which terminates on or after July 1, 1980. The requirement of notarized signed acknowledgments set forth in Subdivision 2 above shall not apply as to any recipient of relocation assistance who vacated the mobilehome park prior to July 27, 1980. (Amended by Ord. No. 162,743, Eff. 9/24/87.)
* The amendments to Section 47.08 of this Code set forth in this ordinance shall apply to any action to recover possession of a rental unit which has not become final as of the effective date of this ordinance.
(Added by Ord. No. 165,229, Eff. 11/13/89.)
A. Statement of Purpose. The purpose of this section is to require persons who propose to convert, close or cease the use of a mobilehome park to address the impact on the residents to be displaced, and to take steps to mitigate the adverse impacts on the residents.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. Management. The owner of a mobilehome park or an agent or representative authorized to act on the owner’s behalf in connection with matters relating to a tenancy in the park, including any person who proposes to convert, close or cease the use of a park, or the successor in interest of such person.
2. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code. Mobilehome includes a recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code, if located in a mobilehome park and continuously occupied by a resident, for nine or more months. Mobilehome does not include a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
3. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
4. Resident. A homeowner or other person who lawfully occupies a mobilehome.
C. General Requirements.
1. Prior to the conversion of a mobilehome park to another use or closure of a mobilehome park or cessation of use of the land as a mobilehome park, management shall file with the Advisory Agency of the City of Los Angeles, a report on the impact of the conversion, closure, or cessation of use (hereinafter “closure”) upon the residents of the mobilehome park who will be displaced.
EXCEPTION:
This section of the Los Angeles Municipal Code shall not apply to a conversion of a mobilehome park pursuant to the Subdivision Map Act (Division 2 [commencing with Section 66410] of Title 7 of the California Government Code).
2. No person shall cause or permit the closure of a mobilehome park until the impact report has been approved by the Advisory Agency, or the City Council upon request for hearing.
D. Procedures.
1. Time for Filing Impact Report.
(a) (Amended by Ord. No. 173,492, Eff. 10/10/00.) If the proposed closure of the park requires a discretionary local governmental permit or approval for which a hearing is required by law, including but not limited to a change of zone, height district change, exception from a specific plan, conditional use, variance, or coastal development permit, then the impact report shall not be filed until the discretionary approval has been obtained.
The impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the six months’ notice described in Section 798.56(f)(2) of the California Civil Code.
(b) If the proposed closure of the mobilehome park does not require any of the discretionary approvals described in Paragraph (a) above, then the impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the twelve months’ notice described in Section 798.56(f)(2) of the California Civil Code.
EXCEPTION:
If either the six months’ notice or the twelve months’ notice has been served on the residents of the mobilehome park prior to the effective date of this section, then, within ninety (90) days of the effective date of this section, the impact report shall be served on all current residents and on all residents who have left the mobilehome park since those notices were given, and filed with the Advisory Agency.
(c) Proof of service of the impact report on the residents of the mobilehome park must be provided to the Advisory Agency at the time of filing the impact report.
2. Impact Report Contents. The impact report shall address the availability of adequate replacement housing in other mobilehome parks and relocation costs for each resident of the mobilehome park. It shall specify the steps to be taken by management to mitigate any adverse impact of the proposed closure on the residents who will be displaced.
The impact report shall provide that any dispute regarding the rights of management or a resident under the impact report shall be heard and resolved by the Advisory Agency, under such rules as it shall adopt, when application for such review is made by management or any resident.
In addition, the impact report shall contain such information as the Advisory Agency shall deem necessary, as set forth in regulations promulgated by the Advisory Agency pursuant to this section.
3. Hearing and Notice. Upon the receipt of an impact report, the Advisory Agency shall examine the same and advise management whether it is complete, within fifteen (15) days after receipt thereof. When a complete impact report has been filed, it shall be accepted by the Advisory Agency, and the Advisory Agency shall set a time, date and place for a hearing, not less than fifteen (15) days and no later than forty-five (45) days after the date of acceptance. At least fifteen days prior to the hearing, the Advisory Agency shall mail notice to management and the residents of the date, time and place of the hearing. The notice of hearing shall contain a general explanation of the matters to be considered by the Advisory Agency. The Advisory Agency may give such additional notice as it deems necessary or desirable.
4. Findings and Decision. After conclusion of the hearing, the Advisory Agency shall render its decision. The Advisory Agency shall approve, conditionally approve or disapprove the impact report. The Advisory Agency shall approve the impact report if it finds: (a) that the impact report contains the information required; and (b) that reasonable steps have been or will be taken to mitigate the adverse impacts of the closure on each of the residents. In approving the impact report, the Advisory Agency may impose such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by management pursuant to this section shall not exceed the reasonable costs of relocation. At a minimum, the Advisory Agency shall require management to comply with Section 47.08 of this Code. Notice of the Advisory Agency action shall be mailed to management, to all residents and to all persons who have filed written request therefor.
Nothing in this section shall prevent any other governmental agency or decision making body of the City of Los Angeles from imposing a condition relating to relocation assistance on any discretionary approval involving the mobilehome park.
5. Request for Council Hearing. Management, any resident, or any officer, board, department or bureau of the City may request, and shall have the right to, a hearing before the City Council on the sufficiency of the impact report. The request shall be filed in duplicate, in a public office of the Department of City Planning on forms provided for that purpose within ten days after the action of the Advisory Agency. Such requests shall not be considered as having been filed unless and until the form has been properly completed and all information required by it has been submitted. The completed request form and file shall then immediately be transmitted to the City Clerk for hearing before the City Council.
The City Clerk shall set a time and date for a hearing, not less than fifteen (15) days and not later than forty-five (45) days after the filing date and shall mail written notice of such hearing to the management, all residents, the person requesting the hearing, the Advisory Agency, and all persons who have filed written request therefor, at least fifteen days prior to the hearing.
The City Council, shall, upon conclusion of the hearing, within seven days, declare its findings based upon the testimony and documents produced before it or before the Advisory Agency.
For all requests for hearing, the City Council may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may make such findings as are not inconsistent with the provisions of this section.
6. Extensions. Any of the time limits specified in this section may be extended by mutual consent of management and the Advisory Agency, or the City Council, on requests for hearing.
E. Expiration and Extension of Impact Report. The approval of an impact report shall become null and void after 36 months from the date of the mailing of the final approval of the impact report. Thereafter, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. However, upon application of the management, filed with the Advisory Agency on or before the date of expiration, the impact report may be extended by the Advisory Agency up to an additional 36 months. An application for an extension shall be subject to the notice and hearing procedures described in Subdivision 3 of Subsection D of this section.
F. Revocation and Amendment. Any time prior to the closure of the mobilehome park, the Advisory Agency may, in its discretion, and upon good cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances which render the conditions or requirements of the impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending an impact report, the Advisory Agency shall conduct a hearing in accordance with the procedures set forth in Subdivision 3 of Subsection D of this section. Upon revocation, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in Subdivision 5 of Subsection D of this section.
G. Evictions Pending Compliance with Impact Report. Termination of a tenancy of any resident pursuant to California Civil Code Section 798.56 or any other provision of law shall not relieve management of its obligation to comply with the conditions or requirements of the impact report applicable to that resident. However, if the termination of tenancy is based on Subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the California Civil Code, the Advisory Agency, upon request by management, may grant to management extensions of time within which to comply with the conditions of the impact report.
H. Additional Authority of the Advisory Agency. If, notwithstanding the fact that management has not served a six months’ or twelve months’ notice on the residents, the Advisory Agency finds that management is attempting to close or convert a park, then the Advisory Agency shall require the filing of an impact report.
I. EXCEPTIONS. If the U.S. Bankruptcy Court issues an order requiring closure of the mobilehome park, as part of a valid bankruptcy proceeding, then the provisions of this section shall not be applicable.
J. Remedies.
1. The failure of management to comply with this section or with any condition of the impact report shall be a defense in any action to terminate tenancy under Subdivision (f) of Section 798.56 of the California Civil Code.
2. Violation of this section shall constitute a misdemeanor. In addition, the violation of any valid condition of an impact report imposed by the Advisory Agency pursuant to this section shall constitute a misdemeanor.
K. Effective Date. The provisions of this section shall apply to any eviction proceeding that has not yet been reduced to final judgment. Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this section shall apply to any such proceeding not reduced to final judgment as of the effective date of this section.
(Added By Ord. No. 162,975, Eff. 11/28/87.)
(a) Declaration of Purpose. The City Council of the City of Los Angeles hereby finds that the providing of essential public utilities to residential real property is necessary to the health and welfare of the occupants of residential rental property and that the nonpayment of utility bills by landlords constitutes a threat to the health and safety of occupants of master-metered multiple-family dwellings. The City Council of the City of Los Angeles also finds that the policy of the Department of Water and Power provides that if a customer is receiving service at more than one location, service at any or all locations may be discontinued if bills for service at any one or more locations are not paid, and the City Council of the City of Los Angeles declares that this policy is reasonable to assure that water and electrical utilities can be provided to all residents of the City of Los Angeles at a reasonable cost. The City Council of the City of Los Angeles further finds that the failure to provide either water or electricity, or both, to the occupants of residential units is a breach of the implied warranty of habitability and constitutes a fraud upon the tenants of said dwellings. Therefore, it is necessary and reasonable to safeguard tenants from threats to their health and safety by the termination of essential public utilities due to the nonpayment of utility bills by the owners of master-metered multiple-family dwellings.
(b) Definitions. For the purpose of this section, the following words and phrases are defined and shall be construed as hereinafter set forth:
1. “LANDLORD” means an owner, lessor or sublessor (including any person, firm, corporation, partnership or other entity) of a multiple-family dwelling or the applicant on record with the Department of Water and Power for water or electric service.
2. “UTILITY BILLS” mean bills issued by the Department of Water and Power for the furnishing of water or electricity.
3. “THE DEPARTMENT” means the Department of Water and Power of the City of Los Angeles.
4. “MASTER-METERED DWELLING” means any residential building in which for billing purposes one water or one electric meter services a group of otherwise unmetered dwelling units or a group of subordinate meters.
5. “MULTIPLE-FAMILY DWELLING” means any residential building which contains two (2) or more dwelling units, efficiency dwelling units, guest rooms or suites as defined in Section 12.03 of the Los Angeles Municipal Code.
(c) Scope. This section shall apply to all existing master-metered multiple-family dwellings when the nonpayment of utility bills had resulted in the service upon the landlord of a notice of termination for a master-metered multiple-family dwelling pursuant to this section.
(d) Notice. The Department, prior to initiation of criminal proceedings, shall serve personally or by mail in a final notice to the landlord a demand for payment of the outstanding bill and 2 fifteen-day (15) notice of utility termination. Said notice shall include the address at which service is to be terminated in the event of nonpayment and shall also, in bold-face type, notify the landlord that failure to pay said utility bill by the date so stated in said notice constitutes a misdemeanor.
(e) Violation. Any landlord who, having the ability to pay, willfully refuses to pay utility bills due and payable after demand has been made and written notice of utility termination has been served, is guilty of a misdemeanor.
(Added by Ord. No. 166,399, Eff. 12/22/90.)
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.
(Amended by Ord. No. 186,594, Eff. 4/28/20.)
(a) Findings. The City Council hereby finds that during a state of emergency, increasing prices for essential consumer goods and services and accumulating essential goods in excess of reasonable need for resale at inflated prices harms the public interest. To protect citizens from excessive and unjustified price increases and scarcity of essential goods, the City seeks to prevent price gouging and excessive accumulation of goods for resale that are vital and necessary for the health, safety, and welfare of Los Angeles residents.
(b) Legislative Intent. It is the intention of the City Council in enacting this ordinance to protect citizens from excessive and unjustified increases in the prices charged during any disruption of the marketplace for consumer goods and services vital and necessary for the health, safety, and welfare of residents resulting from emergency or major disaster, including, but not limited to, those resulting from public health crises, pandemics, earthquakes, fires or civil disturbances for which a state of emergency for the City of Los Angeles is proclaimed by the Mayor pursuant to Section 8.27 of the Los Angeles Administrative Code; or for which a proclamation of a state of emergency is declared by the President of the United States or the Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles.
(c) Definitions. The following definitions shall apply to this section:
1. “Consumer Food Item” is any item used or intended for use for food or drink by a person or animal.
2. “Emergency Supplies” are any items used in a typical emergency including but not limited to water, flashlights, radios, batteries, candles, blankets, soaps, cleaning supplies, disinfectants, sanitizers, toiletries, household paper goods, and diapers.
3. “Medical Supplies” are any items used in the diagnosis, cure, mitigation, treatment, or prevention of disease or other medical condition, including, but not limited to, prescription and non-prescription drugs, prescription and non-prescription medical devices, bandages, gauzes, isopropyl alcohol, and personal protective equipment, including, but not limited to, masks, gowns, face shields, and gloves.
4. “Repair or Reconstruction Services” are those contractor services for repairs to residential and commercial property of any type, which are damaged as a result of a disaster. Contractor services include services as defined in the California Business and Professions Code.
5. “Seller” means any person who sells or offers for sale in the chain of distribution any consumer food item, emergency supply, medical supply, repair or reconstruction service, gasoline or diesel fuel, including, but not limited to, any sales, resales, retail sales or wholesale sales.
6. “Similarly Situated Sellers” means persons, contractors, businesses or other entities where relevant circumstances show they are similar or alike. Relevant circumstances include, but are not limited to, the seller’s geographic location, the similarity of goods or services offered, including whether the goods or services are substitutes or complements to each other, and the relative size and scale of the seller’s business operation. For an online seller, all other online sellers shall be deemed to be similarly situated sellers.
(d) Excessive Price Increases Prohibited. Upon proclamation of a public emergency involving or threatening lives, property or welfare, pursuant to Section 8.27 of the Los Angeles Administrative Code, or for which a local disaster or emergency is declared by the President of the United States or Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles, and for a period of 30 days following the date such proclamation or declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food item, emergency supply, medical supply, repair or reconstruction service, gasoline or diesel fuel for:
1. a price more than 10 percent of the prevailing price for that item or service offered by similarly situated sellers in the City during the three months immediately prior to the proclamation or declaration of emergency, or
2. a price more than 10 percent of the price charged by that person for that item or service immediately prior to the proclamation or declaration of emergency, or
3. a price more than 10 percent of the price at which the same or similar items or services are available for purchase by consumers in the City during the time of the emergency.
(e) Defenses. A person, business, contractor or other entity may offer as a defense proof that an increase in price was directly attributable to the specific amount of the additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.
(f) Excessive Accumulation for Resale at Inflated Prices Prohibited. Upon proclamation of public emergency involving or threatening lives, property or welfare, pursuant to Section 8.27 of the Los Angeles Administrative Code, or for which a local disaster or emergency is declared by the President of the United States or Governor of California, or upon the declaration of a local emergency by an official, board or other governing body vested with authority to make that declaration in Los Angeles County or in the City of Los Angeles and for a period of thirty days following the date such proclamation or declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to accumulate emergency supplies or medical supplies in excess of the reasonable demands of business, personal or home consumption, for the purpose of resale at prices in excess of prevailing prices in the area in the City where the person, contractor, business or other entity is operating.
(g) Penalty.
1. Any person who shall be convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of up to $1,000 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
2. The City Attorney may also prosecute a civil action under applicable state law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution ordered to aggrieved consumers.
(h) This section shall be liberally construed so that its beneficial purposes may be served in protecting the public from excessive increases in the prices charged for certain goods and services and in protecting against excessive accumulation of emergency supplies or medical supplies during the proclaimed or declared emergency.
(i) Conflicts. Nothing in this section shall be interpreted or applied to create any power or duty in conflict with any federal or state law.
(j) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the section would be subsequently declared invalid or unconstitutional.
(Added by Ord. No. 170,870, Eff. 2/24/96.)
No person shall place or insert any writing in or on any box, package or other container containing a consumer product offered for sale unless permitted to do so by the owner, manager or person in charge or control of the premises where the product is stored or offered for sale. The term “writing” shall mean any form of representation or communication, including letters, words or pictorial representations, and shall include handbills, notices or any form of advertising.
(Title and Section Amended by Ord. No. 187,525, Eff. 7/16/22.)
A. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the Person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
2. “Person” shall mean any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.
3. “Self-Service Display” shall mean the open display of Tobacco Products to which the public has access without the intervention or assistance of a store employee, including, but not limited to, a rack, shelf, or counter-top display.
4. “Tobacco Product” or “Tobacco Products” shall mean:
a. Any product or products containing, made of, or derived from tobacco or nicotine whether natural or synthetic that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means, including, but not limited to, a cigarette, a cigar, or a pipe and also includes chewing tobacco, snuff, or snus;
b. Any substance intended for smoking in a hookah pipe and marketed or labeled as a synthetic or non-tobacco Shisha Product whether or not the product contains nicotine;
c. Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
d. Any ancillary item, component, part, or accessory of Subsections 4.a., 4.b., or 4.c. hereof, whether or not the ancillary item, component, part, or accessory contains tobacco or nicotine, including, but not limited to, a filter, rolling paper, blunt or hemp wrap, tobacco pipe, or mouthpiece.
Tobacco Product does not mean a drug, device, or combination product for cessation that is authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. Tobacco Product also does not mean a cannabis product as defined by Health and Safety Code Section 11018.1 or cannabis as defined by Business and Professions Code Section 26001, as these laws may be amended from time to time.
5. “Tobacco Retailer” shall mean any person or Proprietor who Sells, offers for Sale, or exchanges or offers to exchange a Tobacco Product for any form of consideration. “Tobacco Retailing” shall mean engaging in any of the above activities. The definitions here are without regard to the quantity of Tobacco Product sold, offered for Sale, exchanged, or offered for exchange and without regard to whether the Sale is wholesale or retail.
6. “Tobacco Store” shall mean a business establishment that is dedicated exclusively to the sale of Tobacco Products. To qualify as a Tobacco Store, the business establishment must be in compliance with all of the limitations in Subsection B. and be in possession of a valid Tobacco Retailer’s Permit, pursuant to Section 46.91
of this Code.
7. “Vendor-Assisted Sale” shall mean a sale requiring a direct, face-to-face exchange between the Tobacco Retailer and the customer, in which the Tobacco Retailer or the Tobacco Retailer’s employee has access to the Tobacco Product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
B. Prohibition. No Tobacco Retailer shall sell, permit to be sold, or offer for sale any Tobacco Product by means of a Self-Service Display, or by any means other than a Vendor-Assisted Sale. This prohibition shall not apply to a Tobacco Store.
C. Tobacco Store. It shall be unlawful for any Tobacco Store to have or maintain a Self-Service Display of Tobacco Products on the premises, unless the following conditions are met:
1. The Tobacco Store has a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code;
2. No food or beverages including alcoholic beverages are sold or offered for sale on the premises;
3. Entry is prohibited to anyone under the age of 21 years; and
4. A sign is posted at each entrance reading, “No one under the age of 21 years is allowed on these premises”.
D. Penalty. Except as precluded by state or federal law, any violation of failure to comply with any requirement of this section is subject to the penalties set forth in Section 11.00 of this Code.
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