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SEC. 98.0403.2.  PROCEDURES FOR APPEALS TO THE DEPARTMENT AND TO THE BOARD.
   (Amended by Ord. No. 181,758, Eff. 8/8/11.)
 
   (a)   Appeals to the Department Under Power Granted in LAMC Section 98.0403.1.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)
 
   1.   Such appeals shall be made in writing, upon appropriate forms provided by the Department.
 
   2.   An appeal processing fee of $130.00 for the first item and $39.00 for each additional item shall be paid by the appellant prior to the Department processing the appeal and making a determination.
 
   In addition to the appeal processing fee required above, an inspection fee of $84.00 per inspection shall be paid by the appellant when, in the opinion of the Department, the appeal requires field inspections to verify site conditions.  Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.
 
   An additional inspection fee as described in LAMC Section 98.0412(a) may be charged by the Department for each inspection necessary to verify compliance with the conditions established by the determination of the Department.
 
   EXCEPTIONS:
 
   A.   No appeal fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.
 
   B.   No appeal fee shall be required for any appeal on a child-care facility if the owner or operator is a nonprofit child-care organization that has filed a notarized affidavit to that effect with the Department.
 
   C.   No appeal fee shall be required for any appeal filed to request an extension of time to comply with an order issued by the Department.  This exception shall expire on September 24, 2020.  (Added by Ord. No. 186,639, Eff. 5/29/20.)
 
   3.   If the Superintendent of Building determines that an item of request involves a material, device or method of construction appropriate for a General Approval under LAMC Section 98.0501, such request shall be accompanied by a filing fee of $165.00 for each request submitted which includes such item.
 
   A supplemental fee as specified in LAMC Section 98.0501(b)4. shall be charged to cover processing time in excess of one hour.  If the Department determines that the material submitted with the appeal request substantiates the claim made therein, and no request to hold a hearing is pending, the Department may grant a conditional approval of such request.
 
   4.   In any appeal the appellant making the request shall cause to be made, at the appellant's own expense, any tests required by the Department to substantiate the claims therein.
 
   5.   The Department may hold any hearings it deems appropriate to consider the appeal.
 
   (b)   Appeals to the Board under the Power Granted by LAMC Section 98.0403.1(b).  (Amended by Ord. No. 185,587, Eff. 7/16/18.)
 
   1.   Such appeals shall be made in writing, upon appropriate forms provided by the Department.
 
   2.   Appeals shall be accompanied by a filing fee based upon the subject of the request as set forth in LAMC Tables 4-A or 4-B of this division.
 
   EXCEPTIONS:
 
   A.   No filing fee shall be required on any appeal from an order arising from an area-wide survey, conducted by the Department, of buildings used for one family housing, if the work required to bring the unit into compliance with the LAMC is the same as specified in the order.
 
   B.   No filing fee shall be required for any appeal on a child care facility if the owner or operator is a nonprofit child care organization that has filed a notarized affidavit to that effect with the Department.
 
   3.   If the Board determines that evidence is required to be taken or that further investigation is necessary to decide any such appeal, the Board may refer the matter to a hearing examiner for hearing and report in accordance with provisions of Los Angeles City Charter Section 217 or to an ordinance-established advisory board, or may refer the matter to the Department for further investigation and report, whichever the Board deems most appropriate.
 
   4.   In any appeal, the appellant or person making such request shall cause to be made, at the appellant's own expense, any tests required by the Board to substantiate the claims therein.
 
   5.   In addition to any other appeal fees required by this subsection, each appeal shall be accompanied by an inspection fee of $84.00 per inspection when, in the opinion of the Department, the appeal requires field inspections to verify site conditions.  The Department may charge an additional inspection fee as specified in LAMC Section 98.0412(a) for each inspection necessary to verify compliance with the conditions established by the Board in any approval or conditional approval.
 
   6.   Miscellaneous Fees as provided for in LAMC Section 98.0415(f) may be collected to prepare a written report.
 
TABLE NO. 4-A
FILING FEES* FOR APPEALS
 
 
Group Occupancy
FIRST ITEM FOR SINGLE BUILDING
TYPE OF BUILDING**
Each Additional Item
V
IV
III
I & II
R-3 & U
$215.00
$215.00
$215.00
$215.00
$76.00
All Others
$354.00
$354.00
$354.00
$632.00
$215.00
All other filing fees not covered in the above schedule including appeals pursuant to Los Angeles Municipal Code Section 12.26, shall be $500.00 for the first item and $150.00 for each additional item.
 
   *    See LAMC Subsection 91.105.4 for fees for referral to the Sign Advisory Committee.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)
 
   **    Accessory building, structures or appendages will be considered the same as main building and occupancy.
 
TABLE NO 4-B
FILING FEES* FOR APPEALS GRADING AND SOIL REQUIREMENTS
 
 
Number of Lots
Construction Requirements
Unstable Soil of Geology
Each Additional Item
1-5 Lots
$280
$480
$115
6 or more lots
$580
$880
$280
 
   * See LAMC Subsection 91.105.3 for fees for referrals to the Engineering Geology Advisory Committee.  (Amended by Ord. No. 185,587, Eff. 7/16/18.)