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(Added by Ord. No. 171,175, Eff. 7/25/96.)
91.8102.1. General. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, maintain, move, improve, remove, convert, demolish, equip, use or occupy any existing building, structure, premises or portion thereof in violation of the provisions of this division.
Any person who violates or causes or permits another person to violate any provision or requirement of this division is guilty of a misdemeanor. Any person includes an owner, lessor, sublessor, manager or person in control of a building subject to this division. The legal owner of a building is that person, firm, corporation, partnership or other entity whose name or title appears on record with the Los Angeles County Recorder’s Office.
91.8102.2. Occupant Responsibility. It shall be unlawful for any tenant or other individual occupying any dwelling unit, efficiency dwelling unit, guest room or suite in a building to fail to keep the dwelling unit, efficiency dwelling unit, guest room or suite free from an accumulation of debris, filth, rubbish and garbage.
91.8102.3. Penalties. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) Any person convicted of a misdemeanor due to violation of any provision or requirement of this division is subject to penalties as prescribed by Section 11.00(m) of the Los Angeles Municipal Code, which is quoted in part as follows:
“Every violation of this Code is punishable as a misdemeanor unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
Every violation of this Code which is provided for therein to be an infraction is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $50.00 for the first violation, $100.00 for a second violation of the same provision within one year, and $250.00 for each additional violation of the same provision within one year.
Each person shall be guilty of a separate offense for each and every day during any portion of which any violations of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.”
Nothing in this division or Code shall prohibit the payment of investigative costs by any person so convicted of any provision of this division, to the Department of Building and Safety to restitute said agency for all costs expended to investigate and/or enforce the provisions of this Code.
(Added by Ord. No. 171,175, Eff. 7/25/96.)
91.8103.1. General. Every existing building or structure constructed under a valid permit and occupied in conformance with code regulations and Department approvals in effect at the time of such construction and occupancy shall be allowed to continue to exist under those regulations and approvals even though subsequently adopted regulations and approvals have changed the requirements, provided the building, structure or portion thereof does not become a nuisance, a hazardous building, or a substandard residential building, and provided further, that subsequently adopted regulation specifically applicable to existing buildings or structures are met.
91.8103.2. Repair, Rehabilitation, Alteration, and Addition. Repair, rehabilitation, alteration and addition shall comply with Article 1.2, Chapter IX of the LAMC. (Amended by Ord. No. 184,692, Eff. 12/30/16.)
91.8103.3. Group I Occupancy. Buildings classed in Group I Occupancy because of the use or character of the occupancy that are not more than 3 stories in height, that were established prior to March 4, 1972, and that have been continuously operated as that use or character since that time shall comply with Article 1.2, Chapter IX of the LAMC. (Amended by Ord. No. 184,692, Eff. 12/30/16.)
(Added by Ord. No. 171,175, Eff. 7/25/96.)
Every existing building, structure, premises or portion thereof shall be maintained in conformity with the code regulations and Department approvals in effect at the time of such construction and occupancy unless specifically exempt by written approval of the Department.
Every existing building, structure, or portion thereof shall be maintained in a safe and sanitary condition and good repair. The premises of every building or structure shall be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material.
91.8104.1. All physical elements of every existing building, structure or portion thereof shall be maintained by cleaning, painting, staining, refinishing or other restorative means, in a condition as close as reasonably feasible to their originally required and approved state.
91.8104.2. The interior of every existing building, structure and portion thereof and the exterior wall surfaces and premises thereof shall be maintained clean and free from accumulation of debris, rubbish, garbage, trash, overgrown vegetation and other similar material.
91.8104.3. The roof of every building or structure shall be kept waterproof and all devices which were provided to convey the roof water from the roof shall be maintained so as to be capable of fulfilling that purpose.
91.8104.4. The walls and ceilings of every room in every building, structure or portion thereof shall be finished, sealed, coated, painted, or covered in an approved manner so as to maintain them in a clean and sanitary condition. Loose wallpaper or other surfacing shall be removed or repaired so as to provide a smooth, tight-fitting, clean and sanitary surface.
91.8104.5.1. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The doors, windows, cabinets, frames and similar finishes shall be finished, sealed, coated, painted or covered in an approved manner so as to maintain them in a clean and sanitary condition. Broken or cracked glass or plastics shall be replaced. Torn, worn or broken screens shall be repaired, replaced or removed, unless removal is otherwise prohibited by Code.
91.8104.5.2. Legally required insect screens shall not be removed for other than repair or replacement.
91.8104.6. The floor and floor covering of every room in every building, structure or portion thereof shall be maintained in a clean and sanitary condition. The floor and covering shall be maintained free from defects, holes, loose, worn or missing portions which could present a safety hazard to occupants.
91.8104.7. The plumbing fixtures, shower enclosures, wastewater drain lines, water supply lines, counters, drainboards and adjoining wall and floor areas provided to protect against water damage in every building or structure shall be maintained in good repair and in a clean and sanitary condition.
Leaking drain or supply lines shall be repaired or replaced. Cracked, chipped or damaged fixtures shall be repaired or replaced. All surfaces provided to protect against water damage shall be without cracks, defects or missing portions. All fixtures, enclosures, counters and surfaces shall be kept in a clean and sanitary condition free from dirty or foreign materials.
91.8104.8.1. The electrical service, lines, switches, outlets, fixtures and fixture coverings and supports in every building or structure shall be maintained in good repair. Broken, loose, frayed, inoperative, defective or missing portions shall be repaired or replaced. The fixtures, fixture coverings, switches, and outlets shall be maintained in a clean and sanitary condition free from dirty or foreign materials.
91.8104.8.2. Unless specifically permitted in the National Electrical Code, flexible cords and cables shall not be used as a substitute for the fixed wiring of a structure.
91.8104.8.3. Panelboards and fuseholders shall not be equipped with fuses which exceed the rated ampacity of the protected circuit.
91.8104.9. All plumbing and waste drain lines in every building or structure shall be maintained clear of blockages which would cause overflow at any fixture or which would cause any fixture to overflow under the condition of normal water supply to that fixture.
91.8104.10.1. All water supply lines to kitchen and bathroom fixtures shall be maintained so as to provide at least one gallon per minute rate of water flow, of at least 100o F. However, the maximum temperature at the water heater or storage tank need not exceed 140o F.
91.8104.10.2. Hot water shall continue to be provided to each residential kitchen and bathroom fixture at all times.
91.8104.10.3. No time clock or other devices shall be installed to prevent the supply of the required hot water to residential rental units at any time.
91.8104.11. The existing central heating or individual unit heating for each dwelling unit or guest room shall be maintained in good repair and operable.
91.8104.12. The exterior wall surfaces of every existing building or structure shall be maintained weathertight, in good repair and in a clean and sanitary condition.
91.8104.13. All fences shall be maintained in good repair and shall be kept straight, uniform and structurally sound. Wooden fences shall be either painted or stained or otherwise treated or sealed in an approved manner to prevent their becoming a nuisance from weathering or deterioration.
91.8104.14. All masonry units shall be maintained with head, bed and wall joints solidly filled with mortar.
91.8104.15. The exterior of all privately owned buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley.
(Added by Ord. No. 171,175, Eff. 7/25/96.)
Every existing building, structure or portion thereof constructed without a building permit shall be made to conform to the provisions of this Code or shall be demolished and removed. Any use or occupancy existing in a building without authorization of a building permit shall be discontinued and removed or shall be made to conform to the provisions of this Code.
(Amended by Ord. No. 181,758, Eff. 8/8/11.)
91.8106.1. Fire Sprinklers. (Amended by Ord. No. 185,587, Eff. 7/16/18.) In an existing building in Fire District No. 1, every story or basement which has a floor surface elevation more than 4 feet (1219.2 mm) lower than the highest elevation of the floor landing or tread of any required exit from that story shall be sprinklered.
EXCEPTION: Building that is occupied only as a single-family dwelling.
(Amended by Ord. No. 171,858, Eff. 1/23/98.)
Existing buildings which have been determined to be nuisances, hazardous buildings or substandard residential buildings under Division 89, Article 1, Chapter IX of the LAMC are subject to compliance with all the requirements of this Code for a new building. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The Department may require an existing building which has been determined to be a nuisance, a hazardous building, or a substandard residential building to comply with all current requirements of this Code for a new building, or may allow the repair of the building without requiring compliance with all the requirements of this Code for a new building where it is determined that the continuance of the existing condition does not pose a substantial hazard to life, limb, health, property or public welfare.
91.8108.1. Additional Requirements for Buildings Determined to Be Nuisances, Hazardous or Substandard Residential Buildings. The Department may impose additional requirements for buildings determined to be nuisances, hazardous or substandard residential buildings in order to address specific conditions that affect proper maintenance, use, repair, rehabilitation, alteration and to safeguard life, limb, health, property and public welfare. If the Department determines to impose additional requirements, the owner shall be notified that a hearing has been scheduled before the Board of Building and Safety Commissioners to determine if additional requirements should be imposed.
91.8108.2. Notice of Intent and Public Hearing. The notice of intent to impose additional requirements and the notice to hold a public hearing before the Board of Building and Safety Commissioners shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the address shown on the last equalized assessment roll. Service by mail shall be deemed to have been completed at the time of deposit in the U. S. Mail. The failure of any owner or person to receive the notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any notice may be made by an affidavit of any employee of the City which shows service in conformity with this section.
The notice shall indicate:
1. The street address of the building or premise, or the approximate street address if no street address has been assigned.
2. That the condition of the building constitutes a nuisance, hazardous or substandard residential building.
3. The additional requirements to be imposed by the Department.
4. Identify the need for the additional requirement.
5. That the owner must appear at a hearing conducted by the Board, at a time, date and location specified in the notice, which shall be at least 15 days from the date of the notice.
6. That upon any such appearance, the owner will be given the opportunity to present and to elicit testimony and other evidence to show cause why the additional requirements should not be imposed.
7. That this appearance may be made by the submission of written materials if they have been received by the City at least three days prior to the scheduled hearing at the mailing address specified in the notice.
91.8108.3. Public Hearing. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The matter shall be scheduled for hearing before the Board on the date and time specified in the notice. The Board shall proceed to determine whether the additional requirements specified in the notice of intent should be imposed.
The person notified to appear, or the actual owner of the parcel or premises in the event the person notified is not the owner, or any person representing the owner who attends the hearing, shall be given an opportunity to present and to elicit testimony and any other evidence on whether the additional requirements should be imposed. The Board shall proceed with the hearing whether or not that person is in attendance. Written material shall be considered by the Board if it is received at least three days prior to the scheduled hearing date.
At the conclusion of the hearing, the Board shall make a finding and determine whether the condition of the premises warrants additional requirements in order to safeguard life, limb, health, property and public welfare. The owner and any other person who appeared at the scheduled public hearing on behalf of the owner, either in person or by the submission of written material, shall be notified in writing of the determination of the Board. Once the Board has acted, it shall have no further jurisdiction over any matter relating to the imposition of additional requirements on the premises. Any further determinations in this regard, including requests for extensions of time, shall be within the sole jurisdiction and discretion of the Superintendent of Building and not appealable to the Board.
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