(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8806.1. Service of Order. (Amended by Ord. No. 171,939, Eff. 4/15/98.) When the Department determines that a building is within the scope of this division, the owner shall comply with Section 91.8805. If the owner does not comply, the Department shall issue an order, as provided in Section 91.8806.2, to the owner of each building with the minimum time periods for service of such orders set forth in Table No. 88-C. The minimum time period for the service of such orders shall be measured from the effective date of this division. The Department shall, upon receipt of a written request from the owner, order a building to comply with this division prior to the normal service date for such building as set forth in this section.
91.8806.2. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Department to be within the scope of this division and, therefore, is required to meet the minimum seismic standards of this division. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 91.8805, which sets forth the owner’s alternatives and time limits for compliance.
91.8806.3. Appeal From Order. The owner or person in charge or control of the building may appeal the Department’s initial determination that the building is within the scope of this division to the Board of Building and Safety Commissioners. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section 91.8806.2. Any such appeal shall be decided by the Board no later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided therefor by the Department, and the grounds thereof shall be stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth in Table No. 4-A of Division 4 of Article 8 of Chapter IX of the Los Angeles Municipal Code.
Appeals or requests for slight modifications from any other determinations, orders or actions by the Department pursuant to this division shall be made in accordance with the procedures established in Section 98.0403.2 of the Los Angeles Municipal Code.
91.8806.4. Recordation. (Amended by Ord. No. 171,939, Eff. 4/15/98.) At the time that the Department serves the aforementioned order, the Department shall file with the Office of the County Recorder a certificate stating that the subject building is within the scope of this division. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it when the Department determines the building is not in compliance with this division.
If the building is either demolished, found not to be within the scope of this division, or is structurally capable of resisting minimum seismic forces required by this division as a result of structural alterations or an analysis, the Department shall file with the Office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of this division.
91.8806.5. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Department pursuant to this division within any of the time limits set forth in Section 91.8805, the Department may order that the entire building or a portion thereof be vacated and that the building or a portion thereof remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board, the Superintendent may order its demolition in accordance with the provisions of Section 91.8903 of this Code.