(Title and Section Amended by Ord. No. 187,122, Eff. 8/8/21.)
A. Filing of the Appeal. Appeals to the General Manager's Hearing Officer shall be on a form prescribed by LAHD. The appellant must pay a fee in the amount of $600 to fund the administrative cost of the hearing process. Appellants must state the basis of the appeal and provide supporting evidence.
B. Powers of the Hearing Officer. The General Manager's Hearing Officer shall exercise all powers related to the conduct of a hearing. The Hearing Officer shall have the discretion to grant a continuance of the hearing upon a showing of good cause. The Hearing Officer has the power to administer oaths and affirmations during the hearing. The Hearing Officer shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel anyone who disturbs the hearing, and may secure the aid of the Los Angeles Police Department for these purposes.
C. Notice of General Manager's Hearing. The General Manager's hearing shall be held within 60 days of the filing of the appeal. Notice of the General Manager's hearing shall be mailed to the Owner, via certified United States mail, postage prepaid, or delivered in person, at least seven calendar days prior to the hearing. Upon receipt of the notice, the Owner shall post the notice and shall keep the notice posted until after completion of the hearing. LAHD shall also provide notice to the occupants of the Residential Hotel by mail, or in person, at least seven calendar days prior to the hearing.
D. Presentation of Evidence. LAHD staff, the Owner, and any other Interested Party may present oral, photographic or documentary evidence that is relevant to the case for consideration by the Hearing Officer. Appellants shall have the burden of proof, and shall present substantial evidence and specific facts to support their appeal.
E. Recording of Hearing. The proceedings shall be audio-recorded by LAHD.
F. Hearing Officer's Decision. After considering all relevant evidence and arguments, the Hearing Officer shall issue a written decision within 30 calendar days of the hearing. The Hearing Officer shall decide, based on the record, whether LAHD erred or abused its discretion. The decision shall be supported by written findings. LAHD will mail a copy of the decision to the Owner and any Interested Party who presented evidence at the hearing, and the occupants of the Residential Hotel. The Owner shall post the Hearing Officer's determination for 20 days. The decision of the Hearing Officer shall be the final administrative decision except in the following circumstance: If the Hearing Officer authorizes construction of fewer units pursuant to Section 47.79 A.1.(a) or Section 47.79 A.3.(b) and this results in a reduction of more than 25 percent of the number of Residential Units being converted or demolished, the Owner or any Interested Party may appeal the Hearing Officer's decision to the City Council pursuant to the provisions of Subsection G. of this section.
G. Appeals to the City Council. Appeals to the City Council shall be filed with LAHD on the forms prescribed by LAHD within fifteen days of the date of mailing of the Hearing Officer's decision. LAHD shall transmit the appeal form to the City Clerk for a public hearing before the City Council. The City Council shall hear the appeal within 30 days after it is filed, unless LAHD and the Owner consent to an extension of time. The Council shall give notice of the hearing to the Appellant and any Interested Party who presented evidence at the hearing. The Owner shall post notice of the hearing until the hearing is concluded. At the time established for the hearing, the Council or its Committee shall hear the testimony of LAHD staff, the Owner and any Interested Party, and any witnesses on their behalf. Appellants shall have the burden of proof, and shall present substantial evidence and specific facts to support their appeal. Upon conclusion of the hearing, the City Council shall within ten days render its decision on the appeal based upon the testimony and documents produced before it. The City Council may by resolution sustain, modify, or reject LAHD authorization of the construction of fewer units pursuant to Section 47.79 A.1.(a) or Section 47.79 A.3.(b), and shall make findings consistent with the provisions of this article. Notice of the City Council's decision shall be mailed to LAHD, the Owner, and any Interested Party who presented evidence at the hearing. The Owner shall post the decision for 20 days after receipt of the decision. If at the end of the time limit specified in this subsection, or time extension consented to by LAHD and Appellants, the City Council fails to act, the appeal shall be deemed denied and the Hearing Officer's decision from which the appeal was taken shall be deemed affirmed. It shall be the duty of the City Clerk to issue the decision.
H. Mayoral Review of City Council Decision. When the City Council renders a decision pursuant to Subsection G. of this section, the matter together with the files and reports shall forthwith be transmitted to the Mayor. The Mayor may approve or disapprove the City Council decision within ten working days of its presentation to the Mayor. This action shall be based solely upon the administrative record and whether the Mayor believes the City Council decision is consistent with the provisions of this article. If the Mayor disapproves the decision, the Mayor shall return the matter to the City Clerk for presentation to the City Council, along with objections in writing. If the Mayor does not disapprove the decision within ten working days after its presentation, the City Council decision shall become final and effective.
If the Mayor disapproves the City Council decision, the Mayor shall return the matter to the Clerk for presentation to the City Council, together with objections in writing. The City Council may override the disapproval by a two-thirds vote within ten working days of the first City Council meeting at which the Clerk presented the matter with the objections of the Mayor. If the City Council fails to override the Mayor's disapproval within the ten working days, the following shall be the effect of the disapproval:
(1) If the City Council had sustained LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute a rejection of LAHD's authorization of the construction of fewer units;
(2) If the City Council had modified LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute approval of LAHD's authorization of the construction of fewer units; and
(3) If the City Council had rejected LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute approval of LAHD's authorization of the construction of fewer units.