(Amended by Ord. No. 168,231, Eff. 10/18/92.)
(a) Noncompliance Fee. (Amended by Ord. No. 171,175, Eff. 7/25/96.) If, in the course of enforcing any state law or local ordinance, the Department issues an order to a person and the person fails to comply with that order within 15 days following the due date for compliance specified in the order and any extension thereof, then the Department shall have the authority to collect a noncompliance fee.
The purpose of this fee is to recover a portion of the cost of any additional inspection and administrative or appeal proceedings incurred by the Department in order to enforce the Code or secure compliance with the order. No more than one such fee shall be collected for failure to comply with an order. This noncompliance fee shall be in addition to fees specified elsewhere in the Los Angeles Municipal Code.
The Department shall not impose a noncompliance fee unless the order states that “a proposed noncompliance fee may be imposed for failure to comply with the order within 15 days after the compliance date specified in the order or unless an appeal or slight modification is filled within 15 days after the compliance date”.
EXCEPTION: If a person against whom an order is issued appeals that order within 15 days after the compliance date set forth in the order, then the Department may not impose a noncompliance fee until a final appeal determination upholding or modifying the underlying Department order has been made. The Department may then impose a noncompliance fee only for failure to comply with the final appeal determination within 15 days after the compliance date or dates specified in the determination.
(b) Appeal. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any person served with an order and notice of proposed non-compliance fee may appeal the order and proposed imposition of the non-compliance fee or request a slight modification pursuant to the procedures set forth in LAMC Section 98.0403.1.
The Department or the Board may rescind or modify the proposed non-compliance fee under the authority granted by LAMC Section 98.0403.1.
If the appeal or request for slight modification is not filed within 15 days after the compliance date or extensions granted therefrom, the determination of the Department to impose and collect a non-compliance fee shall be final.
(c) Collection of the Noncompliance Fee. (Amended by Ord. No. 175,596, Eff. 12/7/03.) If the Department determines pursuant to Subsections (a) and (b) of this section that a noncompliance fee is due, then it shall notify the person cited, by United States mail in a sealed envelope, with postage paid, addressed to the last known address of the person cited as that address appears in the last equalized assessment roll. The notice of noncompliance fee shall state that:
“if the noncompliance fee incurred is not remitted to the Department within 30 days after the date of mailing of this notice, the Department shall impose a late charge equal to two times the noncompliance fee and a collection fee equal to 50 percent of the original noncompliance fee. Any person who fails to pay the noncompliance fee, late charge or collection fee shall also pay interest. Interest shall be calculated at the rate of one percent per month, or fraction of a month, on the amount of the noncompliance fee, late charge and collection fee imposed, from the 60th day after the date of mailing of this notice until the date of payment.”
Service of the notice of noncompliance fee shall be deemed to have been completed at the time of deposit in the United States mail.
The person cited shall remit the noncompliance fee to the Department within 30 days after the date of mailing the notice of noncompliance fee. If the person cited fails to do so, then the Department may demand payment of the noncompliance fee from the person cited and may withhold the issuance of building permits, licenses or approvals to the cited person until the noncompliance fee has been paid.
A late charge equal to two times the noncompliance fee and a collection fee equal to 50 percent of the original noncompliance fee shall be imposed if the fee is not paid within 30 days after the date of mailing the notice of noncompliance fee. Any person who fails to pay the noncompliance fee, late charge or collection fee shall also pay interest. Interest shall be calculated at the rate of one percent per month, or fraction of a month, on the amount of the noncompliance fee, late charge and collection fee imposed, from the 60th day after the date of mailing the notice of noncompliance fee until the date of payment. Any partial payments of the noncompliance fee, late charge, collection fee or interest received shall be applied first to interest, then late charge and collection fee, and lastly to the noncompliance fee.
The City shall have the right to bring legal action in any court of competent jurisdiction to enforce the order and collect the amount of these fees. 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.
Notwithstanding the foregoing, the noncompliance fee payment deadline shall be 90 days from the invoice print date instead of 30 days after the date of mailing the notice of noncompliance fee. This 90-day deadline for payment of the fee shall apply to all invoices issued up to and including September 24, 2020. (Added by Ord. No. 186,638, Eff. 5/29/20.)
(d) The amount of the non-compliance fee shall be as shown in Table No. 4 D.
(Amended by Ord. No. 184,674, Eff. 1/29/17.)
NONCOMPLIANCE INSPECTION FEES
BUILDINGS, OTHER STRUCTURES, OPEN USES, SIGNS, LICENSES AND EQUIPMENT
Buildings, Other Structures, Open Uses, Signs, Licenses and Equipment
EXISTING BUILDING ENERGY AND WATER EFFICIENCY (EBEWE) PROGRAM
Buildings Noncompliant with City EBEWE Program
Class I Slope Failure*
Class II Slope Failure
Class III Slope Failure
Other Grading Code Violations
* Refer to LAMC Section 91.7003 for definition of slope failure classification. (Amended by Ord. No. 185,587, Eff. 7/16/18.)