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(Amended by Ord. No. 181,701, Eff. 6/12/11.)
(a) Whenever it appears that any grading project previously commenced pursuant to a permit issued by the Board or the Department of Building and Safety will not be completed prior to the commencement of the rainy season as defined in Section 91.7007.1 of this Code, the Board may require that the permittee prepare and submit plans for the installation of temporary erosion control devices not later than September 15 preceding the rainy season. The plans shall be prepared in accordance with standards maintained by the City Engineer. Every permittee submitting a plan for the installation of temporary erosion control devices shall pay a fee in the amount of $258 to the Bureau of Engineering for the Bureau’s review of the plan. The Board of Public Works may adjust this fee and adopt a new fee amount in the same manner as provided in Section 12.37 I.1. of this Code for establishing a fee to process an appeal from an improvement requirement determination by the City Engineer. (Amended by Ord. No. 184,054, Eff. 3/6/16.)
(b) In addition to requirements in Subsection (a) of this Section, whenever it appears that any grading project previously commenced pursuant to a permit issued by the Board or the Department of Building and Safety will not be completed prior to the commencement of the rainy season as defined in Section 91.7007.1 of this Code, the Board may require a permittee to install desilting basins not later than October 15 preceding the rainy season, and other temporary erosion control devices not later than December 1 of the rainy season.
(c) Should a permittee fail to comply with either Subsection (a) or (b) of this Section, and the Board determines that the public health, safety or general welfare is endangered by the failure, the Board or an authorized agent may enter upon the premises described in the permit to abate the public nuisance by installing temporary erosion devices by whatever means it deems appropriate.
(d) All costs incurred by the Board or its authorized agents pursuant to Subsection (c) of this Section shall be a personal obligation of the permittee and of the property owner, recoverable by the City before any court of competent jurisdiction. The costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to pay the City’s costs for administering any contract to perform the work and supervising the work. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost or charge, including any permit fees, fines, late charges or interest, incurred pursuant to the provisions of this Section, as provided in Los Angeles Administrative Code Section 7.35.1 through 7.35.8.
(Amended by Ord. No. 175,332, Eff. 8/12/03.)
(a) There shall be a surcharge equal to the greater of seven percent of the fee or $1 added to the total of all fees for which the Bureau of Engineering is responsible for collecting for services rendered for any initial application, renewal, modification or approval, pursuant to the provisions of: Article 1, 2, 2.1, 3 or 4 of this chapter; Article 2, 5, 7, 8 or 9 of Chapter I; Article 1 or 6 of Chapter IX of this Code; or Division 7, 12, 13, 19 or 22 of the Los Angeles Administrative Code. The provisions of this subsection shall not apply to the Development Services Centers Surcharge imposed pursuant to Section 61.17, or to fees imposed pursuant to the provisions of Section 61.10, 61.11, 64.11.2, 64.11.3, 64.16.1, 64.15(b) or 64.18. (Amended by Ord. No. 184,548, Eff. 12/11/16.)
(b) All monies received from this surcharge shall be deposited and maintained in the Public Works Bureau of Engineering Equipment and Training Trust Fund established pursuant to Section 5.411 of the Los Angeles Administrative Code.
(c) These monies shall be used for the provision of equipment and training for those Bureau personnel providing the engineering services for which the fees are charged. These services are not routinely provided to the general public, but are performed only upon specific request.
(d) If any provision of this ordinance is found to be unconstitutional or invalid by any court of competent jurisdiction, the invalidity shall not affect the remaining provisions of this ordinance which can be implemented without this invalid provision, and, to this end, the provisions of this ordinance are declared severable.
(Added by Ord. No. 169,869, Eff. 7/18/94.)
(a) An automated systems development surcharge equal to the greater of 3 percent thereof or $1.00 shall be added to any fee set forth in Municipal Code Section 62.106.1 which the Bureau of Engineering is responsible for collecting for services rendered in connection with any initial application, renewal, modification or approval of planning actions pursuant to Article 2 of this chapter. Any other surcharge shall be excluded from the computation of the surcharge under this section. In addition, an administrative fee of $5.00 shall be collected with respect to each such permit, license or application.
(b) This surcharge shall remain in effect until July 1, 2001 unless further extended by Council by ordinance.
(c) Moneys received from this surcharge shall be deposited in the City Planning Systems Development Fund pursuant to Section 5.457 of the Los Angeles Administrative Code, except that the $5.00 fee shall be deposited into the General Fund and credited to the departmental receipts of the Bureau of Engineering, Department of Public Works.
(A) Every person confined in the City jail under a judgment rendered in a criminal action in a court of competent jurisdiction shall be required to perform labor on the public works and ways of this City under the discretion of the Chief of Police.
(B) The Chief of Police shall procure and use such means as the Chief of Police shall deem necessary for the security of all prisoners under the Chief’s charge and may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners and compel them to do their work.
(C) The prisoners shall be treated with the kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.
(Amended by Ord. No. 170,451, Eff. 5/8/95.)
(a) The Director of the Bureau of Street Services, the Assistant Director of the Bureau of Street Services, the Chief Street Services Investigator, Senior Street Services Investigators and Street Services Investigators are duly appointed public officers as defined in California Penal Code, Section 836.5 and have the power, authority and immunity of illegal dumping enforcement officers as set forth in California Penal Code Section 830.7(j), to enforce laws related to illegal waste dumping, or littering, and authorized by a Memorandum of Understanding with the Los Angeles Police Department. This power, authority and immunity shall only be exercised by those directors and investigators referred to in this section who have successfully completed a course in the exercise of the powers of a peace officer pursuant to California Penal Code Section 832 and that satisfies the selection standards for peace officers pursuant to the Government Code of the State of California, Section 1029. All public officers empowered by this section shall have the authority of a “local enforcement agency” for the purposes specified in the California Public Resources Code Division 30, Part 3, Chapters 16 through 19 related to the California Integrated Waste Management Board Waste Tire Enforcement Program and to seize and impound vehicles in order to enforce the provisions of Los Angeles Municipal Code Section 41.70.3. In addition, these persons shall have the power to serve warrants as specified in the California Code of Civil Procedures Section 1822.50, et seq., and the authority granted in Section 80.01.1 of this Code. All persons referred to in this section shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section. (Amended by Ord. No. 179,818, Eff. 5/31/08.)
(b) (Amended by Ord. No. 186,366, Eff. 10/31/19.) The Director of the Bureau of Sanitation, the Assistant Director of the Bureau of Sanitation, the Division Manager of the Bureau of Sanitation, the Assistant Division Manager of the Bureau of Sanitation, Chief Environmental Compliance Inspectors, Senior Environmental Compliance Inspectors, and Environmental Compliance Inspectors of the Bureau of Sanitation (BOS Inspectors) are duly appointed public officers as defined in California Penal Code Section 836.5 and have the power, authority, and immunity of an illegal dumping enforcement officer to enforce laws with respect to the environment, storm drain systems, and waters of the State, as set forth in California Penal Code Section 830.7(j), and authorized by a Memorandum of Understanding with the Los Angeles Police Department. Only a BOS Inspector who has successfully completed a training course pursuant to California Penal Code Section 832 and has satisfied the selection standards for a peace officer pursuant to the California Government Code Section 1031, shall exercise this power, authority, and immunity.
A BOS Inspector shall have the power to enforce Section 64.70 of this Code with respect to public health and safety, environment, storm drain systems, and waters of the State of California. A BOS Inspector also shall have the power to serve warrants as specified in the California Code of Civil Procedure Section 1822.50, et seq. In addition, a BOS Inspector shall have the foregoing power, authority, and immunity with respect to a violation of any of the following sections of the Los Angeles Municipal Code:
A BOS Inspector also shall have the power to enforce and to make arrests without a warrant whenever the BOS Inspector has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the BOS Inspector’s presence which is a violation of any of the following provisions of this Code or is in violation of California Penal Code Section 556 or 556.1: (Amended by Ord. No. 187,487, Eff. 6/23/22.)
A BOS Inspector is deemed to be acting within the scope of their employment with respect to all acts and matters set forth in this section.
(c) Any person designated in Subsections (a) and (b) of this section shall have the power, authority and immunity of a public officer or employee under the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in their presence which is a violation of any of the following provisions of the Los Angeles Municipal Code:
or is a violation of State of California Penal Code Section 556 or 556.1. (Amended by Ord. No. 182,742, Eff. 11/14/13.)
(d) Those persons designated in Subsections (a) and (b) of this section are hereby authorized to issue parking citations as provided for in Section 80.00 of the Los Angeles Municipal Code for the violation of Los Angeles Municipal Code Sections 80.53, 80.56, 80.73 (b)2.A.(1), (2), (3), 80.73 (b)2.F., 80.73.2, 85.01 (b) and California Vehicle Code Section 22500(f).
(e) The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.
(f) No person shall falsely represent or identify themself as another person or as a fictitious person to a public officer designated in Subsections (a) and (b) of this Section upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the public officer when (1) the false information is given while the public officer is engaged in the performance of their duties as a public officer, and (2) the person providing the false information knows or should have known that the person receiving the information is a public officer. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(g) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that they are being arrested by a public officer designated in Subsections (a) and (b) of this Section, it is the duty of the person being arrested to refrain from using force or any weapon to resist such arrest. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(h) No person who has been lawfully arrested by a public officer designated in Subsections (a) and (b) of this Section, and who knows, or by the exercise of reasonable care should have known, that they have been so arrested, shall thereafter escape or attempt to escape from the custody of that public officer. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(i) No person shall fail to comply with any valid order pursuant to any provision or requirement of this Code or any other valid order issued by a public officer designated in Subsections (a) and (b) of this Section. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(j) Any public officer designated in Subsections (a) and (b) of this Section shall have the authority to obtain state and local summary criminal history information pursuant to the California Penal Code, Section 11105(b)(11) and Section 13300(b)(11) in fulfilling employment, certification and licensing duties. In addition, public officers designated in Subsections (a) and (b) of this Section who have the power, authority and immunity of illegal dumping enforcement officers are authorized pursuant to California Penal Code Section 11105(c) to obtain State summary criminal history information for investigative purposes relevant to the public officer’s official duties. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(k) Making False Statements to Public Officers. It shall be unlawful for any person to make a false or misleading statement, or misrepresentation in any writing submitted to a public officer designated in Subsections (a) and (b) of this Section. For purposes of this Section the term “writing” shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the Department of Public Works. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(l) Any person designated in Subsections (a) and (b) of this section as a public officer may wear or carry a uniform departmental badge in accordance with Section 52.32 of this Code while performing their respective duties. (Added by Ord. No. 186,905, Eff. 3/8/21.)
(Added by Ord. No. 155,987, Eff. 11/30/81.)
The Director of the Bureau of Street Maintenance may assign an inspector to inspect activities for which a permit has been issued pursuant to the provisions of Article 2 of this chapter during other than normal working hours if such inspection is necessary to safeguard the public and protect the public street and sidewalk or other public improvements. Unless provision is otherwise made in this article to reimburse the City for the costs of such overtime inspection, the permittee shall deposit in advance an amount determined by the Director to be adequate to cover the cost of inspection. Such cost of inspection shall be computed at 1 ½ times the hourly wage of a Senior Inspector 2 for the period of time such inspector will be needed, as estimated by the Director. At the completion of inspection, The Director shall deduct from such individual deposit the total accrued costs of inspection and shall refund to the permittee any difference between the amount deposited and the amount so deducted.
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