91.105.1. General. Appeals or requests for slight modifications in individual cases from the requirements of this Code shall be made in accordance with the procedure established in LAMC Section 98.0403.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.2. Building Advisory Appeal Board. The Building Advisory Appeal Board is hereby abolished. Any duties assigned to the Building Advisory Appeal Board by any provision of law shall be performed as determined by the Superintendent of Building.
91.105.3.1. Function of the Committee. It shall be the function of the Engineering Geology Advisory Committee to advise and counsel the board on appeals involving technical questions of soils engineering, geology, geology/seismology and related matters.
91.105.3.2. Establishment of the Committee Member List. The Board of Building and Safety Commissioners shall establish an Engineering Geology Advisory Committee member list (hereinafter in this section referred to as the “committee member list”) which shall consist of not less than 10 soils engineers and engineering geologists who are available to serve as members of the Engineering Geology Advisory Committee. At least two of the engineering geologist members and two of the soils engineer members shall have experience in the field of seismic design and safety. Members of said committee shall be exempt from all Civil Service provisions.
91.105.3.3. Procedure. When an appeal is made to the Board, and the Board determines that the subject of the appeal involves a problem of soils engineering, geology, geology/seismology or a related matter on which it desires further technical advice before it renders a decision thereon, the Board may select three or more persons from the Engineering Geology Advisory Committee member list to serve on a committee for the purpose of assisting the Board in seeking a solution to said problem, and may refer the matter to such committee members for report and recommendation. At least one member of the committee so designated shall be a soils engineer and one shall be an engineering geologist. The members of the committee so meeting shall review the matter and shall then submit to the board a recommendation. When a matter is referred to the committee as in this section provided, the board shall consider, but is not bound to accept, the recommendation of the committee.
91.105.3.4. Compensation of Members. Each member of the committee who is in actual attendance at a meeting requested by the board shall be compensated at the rate of $50.00 for each four hours or fraction thereof of service. However, in no case shall the compensation of the committee members exceed the fee paid by the appellant under Section 91.105.3.6 of the Los Angeles Municipal Code.
91.105.3.5. Self insurance by the City for Geology Advisory Committee Members. The provisions of City of Los Angeles Administrative Code (Administrative Code) Sections 11.36 through 11.44 inclusive, entitled "Self-Insurance by the City for Officers and Employees of Said City," shall apply to each Geology Advisory Committee member while the member is acting as such, and Geology Advisory Committee members shall be deemed to be fully covered by the provisions of said sections even though each committee member is retained as an independent person and not as an officer or employee of the City. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.3.6. Fees. When a matter is referred to the committee as provided in this section, the appellant in said matter shall pay a referral fee of $50.00 and shall also pay a fee as follows:
1. Where no more than two lots are involved in the appeal, $150.00;
2. Where not less than three or more than 10 lots are involved in the appeal, $300.00;
3. Where more than 10 lots are involved in the appeal, $600.00.
91.105.4.1. Function of the Committee. It shall be the function of a Sign Advisory Committee to advise, counsel and provide recommendations to the Board of Building and Safety Commissioners on matters involving sign regulations.
91.105.4.2. Establishment of the Committee Member List. The Board of Building and Safety Commissioners shall establish a Sign Advisory Committee member list representing the various required fields of interest of persons who are available to serve as members of a Sign Advisory Committee. Persons selected for the Sign Advisory Committee list shall possess experience in the design, fabrication, the use or application of signs, or shall have demonstrated a background in the social and environment impacts of signs or the development of sign regulations. Members of said committee shall be exempt from all civil service requirements.
91.105.4.3. Procedure. When the board determines that a matter is significant in nature, the board may refer the matter to a Sign Advisory Committee for evaluation and recommendation before it renders a decision thereon. When the matter is referred to a Sign Advisory Committee, the board shall consider, but is not bound to accept, the recommendation of the committee.
91.105.4.4. Composition of the Committee. The board shall select five persons from the Sign Advisory Committee member list to serve on a committee. The committee shall be composed of one member from each of the following interests:
1. One member of or designated by the Board of Building and Safety Commissioners;
2. One member of or designated by the City Planning Commission; and
3. Three public members, one each from the following interests: architecture, sign industry and community groups.
91.105.4.5. Compensation of Sign Advisory Committee Members. Each Sign Advisory Committee member who is in actual attendance at a meeting requested by the Board shall be compensated at the rate of $50.00 for each four hours or fraction thereof of service. However, in no case shall the compensation of Sign Advisory Committee members exceed the fee paid by the applicant under LAMC Subdivision 91.105.4.7. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.4.6. Self-insurance by the City for Sign Advisory Committee Members. The provisions of Administrative Code Sections 11.36 through 11.44, inclusive, shall apply to each Sign Advisory Committee member while the member is acting as such, and Sign Advisory Committee members shall be deemed to be fully covered by the provisions of said sections even though each committee member is retained as an independent person and not as an officer or employee of the City. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.5.2. Membership of the Commission. (Amended by Ord. No. 173,238, Eff. 6/19/00, Oper. 7/1/00.) The Disabled Access Appeals Commission shall be composed of five qualified persons. Two members of the commission shall be physically disabled persons, and two members shall be persons experienced in construction. The fifth member may be any resident of the City of Los Angeles. Commission members shall be appointed by the Mayor, subject to Council approval, and may be removed by the Mayor. In the case of a vacancy during the term of office of any member, the same shall be filled by appointment by the mayor for the period of the unexpired term subject to the approval of the council by a majority vote. The members of the commission shall be exempt from all Civil Service provisions.
91.105.5.3. Compensation and Term of Office. Each member of the commission shall be paid $50.00 per meeting attended, but not to exceed $250.00 in any one calendar month.
The term of office of the members of the commission shall be five years beginning with the first day of July of the respective years, except that the terms of office of the original five members of the commission appointed pursuant to this subsection shall be such that one term shall expire on the first June 30, one term shall expire on the second June 30, one term shall expire on the third June 30, one term shall expire on the fourth June 30, and one term shall expire on the fifth June 30 next following the effective date of the appointment of the original five members. Thereafter, the terms of the succeeding members shall be so designated that the term of office of one member shall expire each year. The period of term of each member shall be designated in the appointment.
Each member of the commission shall have the power to administer oaths.
1. To hear and determine written appeals brought by any person from actions taken by the Department in the enforcement of the requirements of California Health and Safety Code Section 19955, et seq., the provisions of state law dealing with access to public accommodations by physically disabled persons.
2. To hear and determine written appeals brought by any person from the rulings, decisions and determinations of the Department granting or denying applications for exceptions pursuant to California Health and Safety Code Section 19957.
3. To hear and determine written appeals brought by any persons where it is alleged that there is error or abuse of discretion in any order, requirement, decision, interpretation or other determination made by the Department in the enforcement or administration of Section 1.8 et seq., Chapter 1, Division I of the CBC and any other federal, state or municipal handicapped access or adaptability requirements.
All appeals shall be reviewed by the Department. The Department may reverse or modify the action appealed from at any time prior to final action by the commission. Any such new action may then be appealed to the commission.
4. To respond to the Department's request for advice on any matter within the Department's jurisdiction relating to access to public accommodations and housing by the physically disabled.
5. To exercise the authority granted in LAMC Subsection 91.105.6.
91.105.5.5. Appeals.
91.105.5.5.1. Procedures. (Amended by Ord. No. 185,587, Eff. 7/16/18.) An appeal to the Disabled Access Appeals Commission may be filed by any person aggrieved, or by any City officer, board, department or bureau. An appeal shall be in writing and filed with the Office of the Board of Building and Safety Commissioners upon appropriate forms provided by the Department. An appeal shall set forth specifically the points at issue, the reasons for the appeal, and wherein the appellant believes there was an error or an abuse of discretion by the Department.
The commission shall make its determination within 30 days from the filing of the appeal and payment of the filing fee as set forth in Table 4-A of Division 4, Article 8, Chapter IX of the LAMC. This time limit may be extended by mutual written consent of the applicant and the commission. Upon receipt of the appeal, the commission shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant, to the applicant, to the owner or owners of the property involved, and to any interested party who has requested in writing to be so notified. Such notice shall be in writing and mailed at least 10 days prior to said hearing. No other notice thereof need be given except in those cases hereinafter mentioned.
The commission may grant, conditionally grant, or deny any appeal. All actions of the commission shall be final. Any action within the jurisdiction of the commission shall be final and conclusive as to the Department in the absence of fraud or abuse of discretion.
A separate appeal shall be filed for each single building as described in LAMC Section 98.0403.2. Appeals to the commission shall be accompanied by a filing fee as set forth in Table 4-A of Division 4, Article 8, Chapter IX of the LAMC.
If the commission fails to act on any appeal within the time limit specified in this section, then the action of the Department on the matter shall be final.
91.105.5.5.2. Decision. The decision upon an appeal shall be concurred in by at least three members of the commission. The commission may modify or reverse a ruling, decision or determination appealed from only upon making written findings setting forth specifically wherein the action of the department was in error or constituted an abuse of discretion. The commission shall make specific written findings supporting any modification or reversal.
Upon making a decision, a copy of the findings and determination shall be furnished the applicant, the appellant and the Department of Building and Safety.
91.105.5.5.3. Special Findings. Before granting or affirming the grant of an exception pursuant to Health and Safety Code Section 19957, the commission must find that the application involves a case of practical difficulty, unnecessary hardship, or extreme differences, and that it is clearly evident that equivalent facilitation and protection will be secured.
91.105.5.5.4. Revocation of Approvals. The commission shall revoke or rescind any determination, including the grant of an appeal or exception, if made in error in violation of any provision of law, or in reliance on any false statement or misrepresentation as to a material fact.
91.105.5.5.5. Time Limits. The rights and privileges granted by the commission pursuant to any decision, determination, approval, appeal or exception shall be void if all required building permits are not secured within one year of the effective date of such action, or if the permit expires under any of the conditions specified in Section 98.0602 of the Los Angeles Municipal Code.
However, the commission, and the superintendent acting on behalf of the commission, may grant extensions of time if the applicant submits in writing substantial evidence that unusual conditions or circumstances either precluded the securing of all required permits within the allocated time or caused the permit to expire as specified in Section 98.0602 of the Los Angeles Municipal Code.
Requests for extensions of time shall be made not later than 30 days after the expiration times specified in this section.
1. To appoint one or more hearing officers to conduct hearings and make recommendations to the same extent and in the same manner as the Superintendent of Building acting pursuant to LAMC Section 98.0601 (a). (Amended by Ord. No. 180,619, Eff. 5/12/09.)
2. To request the attendance of witnesses and the production of evidence before it.
3. To request the city attorney, or an assistant or deputy designated by the city attorney to appear at any hearing before the commission.
4. To adopt rules regarding the filing of appeals, the conduct of its hearings and any other procedural rules in keeping with the provisions of this Division.
91.105.5.5.7. Limitations on Jurisdiction. Notwithstanding any other provision of this Code, the commission’s jurisdiction shall not include the right to hear and determine an appeal from a department determination, order or action if such appeal is filed:
1. On or after the date a criminal citation is issued, charging the appellant with a violation of law based on the facts underlying such determination, order or action; or
2. On or after the date a criminal complaint is filed, charging the appellant with a violation of state laws based on such determination, order or action.
Further, the commission’s jurisdiction shall not include the right to hear appeals from or otherwise review any action, order or determination of the Board of Building and Safety Commissioners.
91.105.6.1. Order of Abatement and Notice of Proposed Penalty. If the Superintendent of Building determines that a person has violated or failed to comply with any requirement of the law relating to access to public accommodations and housing by the physically disabled, then the Superintendent of Building may issue an order of abatement and notice of proposed penalty to that person. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The order and notice shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of law that has been violated. The order shall fix a reasonable time for correction of the violation, and the notice of proposed penalty shall set forth the amount of the penalty.
The order of abatement and notice of proposed penalty shall be served upon the person either personally, or by deposit in the United States mail in a sealed envelope, postage prepaid to the person’s last known address.
The order and notice shall also set forth the person's right to a hearing as described in LAMC Subdivision 91.105.6.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.105.6.2. Right to Hearing. Any person served with an order of abatement or notice of proposed penalty, may apply in writing to the Disabled Access Appeals Commission for a hearing with respect to the violation alleged, the abatement period, and the amount of the penalty. This request shall be filed within 15 days after the date of service.
If the person does not request a hearing within the prescribed time, then the notice of proposed penalty shall be final, and the amount of any penalty included in the notice shall immediately be due and owing to the City of Los Angeles. The city then shall have the right to bring an action in any court of competent jurisdiction to enforce the order and collect the amount of the penalty.
If the department determines that there has been compliance with the order of abatement within the time for correction, then the department may rescind the notice of penalty.
91.105.6.3. Time of Hearing; Notice. If the person requests a hearing, the superintendent shall cause the matter to be set for hearing before the Disabled Access Appeals Commission. The hearing shall be scheduled not later than 30 days after the date of the application for hearing. This time limit may be extended with the mutual consent of the person and the commission. It shall be a defense to the affirmation of any penalty that the person complied with the order of abatement within the time for correction.
The decision of the commission on the order of abatement and notice of proposed penalty shall be final, and the amount of any penalty affirmed by the commission shall immediately be due and owing to the City of Los Angeles. The city then shall have the right to bring an action in any court of competent jurisdiction to enforce the order and collect the amount of penalty.
91.105.6.4 Civil Penalties. Any penalty required to be paid under the provisions of this section is a debt owed to the City of Los Angeles. Any person owing a penalty due under the provisions of this section shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for recovery of any such amount.
The conviction of any person for violating any law shall not relieve the person from the obligation to pay any penalty that the person may owe the city, nor shall such payment prevent a prosecution under appropriate provisions of law for any violation of the law. The remedies provided in this section are cumulative. The use of one or more of the remedies prescribed in this section shall not bar the use of any other remedy provided for the enforcement of law.
91.105.6.5. Fee Schedules. The Superintendent shall submit a schedule for the assessment of civil penalties under this section to council for the approval by ordinance.
This schedule shall give due consideration to the appropriateness of the penalty with respect to the following factors:
1. The gravity of the violation;
2. The good faith of the violator being charged; and
3. The history of previous violations.