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(a) What May be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State or of official records of the Board or Department, ordinances of the City of Los Angeles, or rules and regulations of the Department. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Parties to be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
(c) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the Board, Superintendent or hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Hearing Before Board Itself. Where a contested case, originally heard before the Board or an
examiner or examiners for said Board, is heard before the Board itself, no member thereof who did not hear the evidence or has not read the record or proceedings shall vote on the decision. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, the hearing examiner shall, within a reasonable time, submit a written report to the Board as to matters within its jurisdiction, otherwise, to the Superintendent. Such report shall contain a brief summary of the evidence considered and state the examiner’s findings, conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the Board or the Superintendent as the decision in the case. All examiner’s reports shall be filed by the Department as a public record. A copy of each proposed decision so filed shall then be mailed to each party. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(c) Consideration of Report by Board or the Superintendent Notice. The Board or the Superintendent shall fix a time to consider the examiner’s report. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(d) Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner’s report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the Board or the Superintendent, any party may present oral argument at the time of consideration of the examiner’s report. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(e) Disposition by the Board or Superintendent. The Board or the Superintendent may adopt or reject the proposed decision in its entirety, or may increase or reduce the proposed penalty, if any, and may adopt the balance of the proposed decision of the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Subsection (e), the Board or the Superintendent may decide the case upon the record, including the transcript, either in whole or in part, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is so assigned to another hearing examiner, the hearing examiner shall prepare a report and proposed decision as provided in Subsection (b) hereof upon any additional evidence submitted, the transcript of the previous hearing, and other papers which are part of record of the prior hearing. Consideration of such proposed decision by the Board or said Superintendent shall comply with the provisions of this section. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(g) Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the penalty, if any. The findings may be stated in the language of the accusation or charges, or by reference thereto, or may be stated in the terms of the applicable rule, regulation or statute ordinance, a copy of the decision shall be delivered to the respondent personally or sent to the respondent by registered mail.
(h) Effective Date of Decision. The effective date of the decision shall be stated therein.
If the respondent files a notice of defense admitting all parts of the accusation, or fails to file a notice of defense or fails to appear at the hearing, the Superintendent may take action based on the respondent’s express admissions or upon other evidence, including official reports, except that where the burden of proof is on the respondent to establish that the respondent is entitled to the action sought, the Superintendent may act without taking evidence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Time Limit. The Board, as to matters within its jurisdiction, or the Superintendent may order a reconsideration of all or part of the case on their own motion, or on petition of any party. The power to order a reconsideration shall expire five days after the effective date of the decision. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Procedure on Reconsideration. The case may be reconsidered on all the pertinent parts of the record and on such additional evidence and argument as may be permitted, or may be assigned to a hearing examiner. A reconsideration assigned to a hearing examiner shall be subject to the procedure provided in LAMC Section 98.0310. If oral evidence is introduced before the Board as to matters within its jurisdiction, no Board member may vote unless the Board member heard the evidence or read the transcript of the proceedings heard in that Board member’s absence. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
(Title Amended by Ord. No. 168,231, Eff. 10/18/92.)
Section
98.0401 Superintendent of Buildings May Inspect Records.
98.0402 Code Enforcement Costs Incurred: Investigation Costs, Fees and Fines.
98.0403.1 Powers of the Department and the Board.
98.0403.2 Procedures for Appeals to the Department and to the Board.
98.0404 Extra Territorial Inspections.
98.0405 Charges for Printed Materials and Miscellaneous Type Services.
98.0406 Inspection Fees for Off Hours Inspection.
98.0407 Special Enforcement Procedure Fees.
98.0408 Issuance of Citations by Designated Employees.
98.0410 Surcharge for Development Services Centers.
98.0411 Non-compliance Fees.
98.0412 Inspection Fees.
98.0414 Certification Fees.
98.0415 Clerical, Issuing or Research Fees and Miscellaneous Fees.
98.0416 Building and Safety Systems Development Surcharge.
98.0417 Processing Fees for Miscellaneous Certificates of Compliance.
98.0418 Surcharges for Development of Automated Systems and General Plan Maintenance for the Department of City Planning.
98.0419 Waiver of Fees for Structures Damaged in the 1994 Northridge Earthquake.
98.0420 Refunds of Department Fees.
98.0421 Code Violation Inspection Fee.
98.0422 Fees for Off Hours Plan Check and Other Service.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
Any person engaged in the business of selling, installing or constructing equipment or appliances for which a permit is required under Chapter IX of the LAMC, shall keep written permanent records of all such installations, showing the permit number and date, the address of the place where equipment was installed, the type of installation, and the name of the owner for whom such installation was made. The Superintendent of Building, or the Superintendent’s duly authorized representative, shall have the power to examine, at any reasonable hour, all necessary books and records of any such person for the purpose of ascertaining whether or not permits have been secured for selling, installing or constructing equipment or appliances as required under Chapter IX of the LAMC.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
(a) Investigation Fee Required. Whenever any work has been commenced without authorization by a permit or application for inspection, and that work violates any provision of Articles 1 through 8 of Chapter IX of the LAMC, and if no order has been issued by the Department or a court of law requiring said work to proceed, a special investigation shall be made prior to the issuance of any permit, license or application for inspection.
An Investigation Fee, which shall be double the amount charged for an application for inspection, license or permit fee, shall be collected on each permit, license or application for inspection so investigated. The required investigation fee shall be in addition to any other fees required by Articles 1 through 8 of Chapter IX of the LAMC. In no event shall the Investigation Fee be less than $400.00.
The payment of the Investigation Fee shall not exempt any person from compliance with the provisions of the Code nor from any penalty prescribed by law.
(b) Collection Fee for Delinquent Invoice For Boilers, Pressure Vessels, Elevators and Emergency Systems. Whenever an owner or user of any apparatus, equipment or emergency system fails to pay the fees required by LAMC Sections 92.0126, 92.0129(d), 92.0132(b), (d) and (e), 93.0235 and 97.0314 within 60 days after notification, the owner or user shall additionally pay, a collection fee equal to 50% of the required fee specified under these same LAMC sections.
(c) An investigation fee of $15.00 per report shall be charged and collected for each boiler or pressure vessel insurance report not submitted as required by LAMC Section 97.0318. This investigation fee shall become due 30 days after the date the inspection has been performed and remains unreported and is in addition to the insurance processing fee.
(d) Non-Compliance Inspection Fee Required. See LAMC Section 98.0411.
(e) Annual Inspection Fee. (Amended by Ord. No. 187,248, Eff. 12/13/21.) Whenever the Department makes annual inspections pursuant to Sections 12.26 F.3., 12.26 I.5., and 13.03 of the Los Angeles Municipal Code (or any other provision of this Code), the Department shall collect a fee from the property owner or business operator for inspection of each "recycling center" and "yard" business as defined in Section 12.26 F.1., each "automotive repair garage" and "used vehicle sales area" business as defined in Section 12.26 I.1., each "surface mining operation" as defined in Section 13.03 B., and each "Collection Bin" as defined in Section 12.03. The annual inspection fees shall be as follows:
1. For each recycling center, yard, automotive repair garage, used vehicle sales area or Collection Bin, $457.00.
2. For each surface mining operation, $265.00.
(f) The Department shall collect an amount levied by penalty fine from every property owner or business operator of a recycling center, yard, automotive repair garage, used vehicle sales area, or Collection Bin, as described in Subsection (e) above, for the following violations of the Los Angeles Municipal Code: (Amended by Ord. No. 187,248, Eff. 12/13/21.)
2. Notice of Revocation or Failure to Pay Repeat Violation Fine. In addition to any revocation, pursuant to Sections 12.26 F.14. and 12.26 I.16. of the Los Angeles Municipal Code, a penalty fine in the amount of $750.00 shall be levied for each violation specified in a notice of intent to revoke or as a result of failure to pay a repeat violation fine.
(g) In addition to any other remedy 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.
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