(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.9106.1. Service of Order. When the Department determines that a building is within the scope of this division, the owner shall comply with Section 91.9105 of this Code. If the owner does not comply, the Department shall issue an order as provided in Section 91.9106.2 to the owner of each building with the minimum time periods for service of such orders set forth in Table No. 91-C. The minimum time period for the service of such orders shall be measured from the effective date of this division.
91.9106.2. Contents of Order. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) The order shall be in writing and may be given either by personal delivery thereof to the owner or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the owner as shown on the last equalized assessment roll. Service by mail shall be deemed to have been completed at the time of deposit in the post office. The failure of any owner to receive such 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 such service in conformity with this section. Board action, Department administrative action, other correspondence between the City and the building owner or building owner’s representative, or other evidence of knowledge of notification shall also be deemed as proof of giving notice.
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 91.9105, which sets forth the owner’s alternatives and time limits for compliance.
91.9106.3. Appeal from Order. The owner of the building may appeal the Department’s 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 of the service date of the order described in Section 91.9106.2. 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.
91.9106.4. Recordation. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) 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.
91.9106.5. Enforcement. If the owner 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 91.9105, or within any additional time limits as may have been granted by the Board, the Department may order that the building be vacated and subsequently ordered to be demolished in accordance with the provisions of Section 91.8903 of this Code. The Superintendent of Building shall have the authority to grant two one-year extensions in cases of extreme hardship.