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SEC. 91.8119.  HISTORICAL BUILDINGS AND STRUCTURES.
(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
 
   Notwithstanding any other provisions of this Code to the contrary, the following provisions shall apply in addition to the provisions of Title 24, Part 8 of the California Code of Regulations, the State Historical Building Code.
 
91.8119.1.  Additions, Alterations and Repairs.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  Additions, alterations and repairs shall be made in accordance with the nonconforming rights of LAMC Subsection 91.8101.2 and Section 91.8103.
 
91.8119.2.  Change of Use or Occupancy.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  Change of use or occupancy shall comply with LAMC Sections 91.8203 and 91.8204.
 
91.8119.3.  Earthquake Hazard Buildings.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  Where the requirements of Division 88, Article 1, Chapter IX of the LAMC are more restrictive than the requirements of this division, the requirements of Division 88, Article 1, Chapter IX of the LAMC shall apply.
 
91.8119.4.  Preservation of Historical Buildings.
 
91.8119.4.1.  If the Department determines that any building, structure, premises or portion thereof, (1) has been designated an historical monument or (2) is being considered as a historical monument by the Cultural Heritage Commission, and (3) is subject to vandalism, or unlawful entry, or has become a hazardous building, nuisance or substandard building, then the Department may cause the building, structure, or premises or any portion thereof, to be immediately barricaded and protected by such means as the Department may deem advisable, including the use of a Department awarded contract.
 
91.8119.4.2.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  The Department may cause the building, structure or premises, or any portion of the building, structure or premises, to be immediately barricaded or protected from further deterioration.  The barricading or protection may be accomplished by any City department with the forces to perform the work, upon receipt of a request from the Department, or by any forces under contract to the City. Where the work is accomplished by other than City forces, the cost shall be paid from the "Repair and Demolition Fund" as established in LAMC Section 91.8906.  All costs incurred pursuant to this section shall be a personal obligation against the owner of the property upon which the particular building or structure or any portion is located, recoverable by the City in an action before any court of competent jurisdiction.  These 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 cover the City’s costs for administering any contract and supervising the work required.  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 in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
 
91.8119.4.3.  The administrative fee of 40 percent of the costs shall not be included in the calculation of costs incurred for or arising out of any barricading, or protecting, resulting from an event or course of events that prompted a declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor of the State, or by the President of the United States.  (Amended by Ord. No. 175,596, Eff. 12/7/03.)
 
91.8119.4.4.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  If the Department determines that the building, structure, or premises or portion thereof is not in danger of imminent deterioration or vandalism, then the Department may, in lieu of the above, require the building, structure or premises or any portion thereof to be secured, repaired or protected pursuant to the provisions of Division 89, Article 1, Chapter IX of the LAMC.
 
91.8119.5.  Vandalism of Historical Buildings.  The Department shall have the authority to issue an Order to Comply to an owner of any building that has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission if the Department determines that the building has become subject to vandalism or constitutes a public nuisance.  In such circumstances, the Department shall have the authority to issue any order it deems appropriate to keep the property from being further vandalized or from becoming a public nuisance including, but not limited to, ordering that the building be secured and fenced.
 
   For the purposes of this provision, any building which has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission shall include the interiors and exteriors of any accessory building located on an historic site.
 
91.8119.5.1.  Security measures that the Department may order shall include, but not be limited to, the following:
 
   1.   The installation of the maximum allowed height under this Code of chain- link perimeter fencing with top mounted horizontal pipe and razor wire, and at least one securely-locked pedestrian gate and the posting of “NO TRESPASSING” signs, pursuant to Section 41.24 of the Los Angeles Municipal Code, at 25-foot intervals.
 
   2.   Steel or plywood closures, with one-inch diameter air holes, installed at all doors and windows.  (Sandwich panel installation shall be used so as to avoid drilling into window frames and sashes, doors, ornament or masonry units.)
 
   3.   The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.
 
   Any temporary modifications required to be made to secure the building shall be reversible.
 
91.8119.5.2.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  Any plans or proposals for work required to be performed pursuant to an Order to Comply to secure any building from being further vandalized or from becoming a public nuisance must first be reviewed by the Cultural Affairs Department to ensure that any work done to secure the building will not damage or alter the historic character of the building.  This review by the Cultural Affairs Department must be completed within ten working days from the date any request for review is submitted.  The Cultural Affairs Department shall only disapprove a plan or proposal to secure a building if the work will significantly damage or alter the historic character of the building.  If the work to be performed includes substantial alteration, the procedures set forth in Los Angeles Administrative Code Section 22.171.12 shall be utilized for review by the Cultural Affairs Department.
 
   Failure to act upon a request for review within the time periods set forth herein shall constitute a waiver by the Cultural Affairs Department of the right to review plans or proposals for the work to be performed.  Work ordered to be performed immediately pursuant to an Order to Comply, as determined by the Department of Building and Safety, may be commenced and completed without prior review by the Cultural Affairs Department.
 
   Nothing herein shall be interpreted to prohibit an owner from taking immediate temporary measures to secure a building from unauthorized entry.
 
91.8119.5.3.  91.8119.5.3.(Amended by Ord. No. 185,587, Eff. 7/16/18.)  It shall be unlawful for any property owner to fail to comply with any Order to Comply issued by the Department under this provision and every failure shall be punishable as a misdemeanor.
 
91.8119.5.4.  Additional Remedies – Notice Of Intention.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)  In addition to the remedies provided by this Code, should an owner fail to comply with an Order to Comply, the Department may take the necessary measures, including those authorized under LAMC Sections 91.8903, 91.8904 and 91.8905, to immediately secure the property against vandalism or prevent it from becoming a public nuisance.  Prior to taking these measures, the Department shall send a Notice of Intention to the owner pursuant to the provisions set forth in LAMC Subdivisions 91.8903.3.3 and 91.8903.3.4.
 
   Except for measures taken pursuant to LAMC Section 91.8905, when a Notice of Intention is issued under this section, the provisions of LAMC Subdivision 91.8903.3.5, through and including Subdivision 91.8903.4.3, shall also apply.
 
   This provision is in addition to the remedies provided in LAMC Sections 91.8903, 91.8904, and 91.8905.
 
   All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction.  These costs shall include an amount equal to 40% of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City's costs for administering any contract and supervising the work required.  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 in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.