(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.