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(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)
A. Right to Appeal. An appeal may be filed in accordance with this Division by any person or entity aggrieved by:
1. A fee or penalty imposed under Division 9 of this Article except those associated with referral for prosecution; or
2. An order issued by the General Manager relative to the application or enforcement of the Los Angeles Zoning Code as set forth in Section 161.403 of this Article; or
3. A General Manager’s decision issued pursuant to Division 8 of this Article, other than a referral to the City Attorney or issuance of an order to abate; or
4. Any other General Manager’s decision, determination or order concerning the maintenance, sanitation, ventilation, use, occupancy or habitability of residential rental properties, buildings, units, structures, or common areas falling within the scope of this Article.
B. Rules and Procedures. The General Manager shall promulgate rules and procedures necessary to implement the provisions of this Division.
(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)
Any person or entity aggrieved pursuant to Section 161.1001 A.1. of this Article concerning a fee or penalty imposed under Division 9 of this Article, except those associated with prosecutions, may file an appeal in accordance with this Section.
A. Requirements to File an Appeal. An appeal filed under this Section shall meet the following requirements:
1. Such appeals shall be made in writing on the form provided by the Department.
2. Such appeals shall be filed with the Department along with payment of any required appeal processing fee.
3. Such appeals shall be filed within 15 calendar days of service of the challenged fee or penalty except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
4. Such appeals shall include a copy of the contested fee or penalty notice or invoice.
5. The appellant shall specify the grounds for appeal as to any claimed error of law or fact or abuse of discretion.
B. Burden of Proof. In any appeal filed under this Section, the appellant shall have the burden of proving the basis of the appeal by a preponderance of the evidence.
C. Stay of Enforcement. The filing of an appeal under this Section shall stay enforcement of any disputed fee or penalty.
D. Decision. Upon timely receipt of an appeal filed pursuant to this Section, the Department shall review the appeal and issue a decision within 30 calendar days of the filing of the appeal or within such further time as may be required.
E. Final Administrative Decision. The Department’s decision issued pursuant to this Section shall be the final administrative decision.
F. Serving of the Decision. A copy of the appeal decision shall be served on the appellant by first class United States mail, postage prepaid or by personal service.
G. Good Cause Extension. In any appeal filed pursuant to this Section, the Department may, upon showing of good cause by the appellant, extend the time to file an appeal for up to 15 calendar days beyond the end of the original appeal period.
(Added by Ord. No. 185,644, Eff. 7/6/18.)
Any person or entity aggrieved pursuant to Section 161.1001 A.2. of this Article concerning an order issued by the General Manager relative to the application or enforcement of the Los Angeles Zoning Code may file an appeal in accordance with this Section.
A. Requirements to File an Appeal. An appeal filed under this Section shall meet the following requirements:
1. Such appeals shall be made in writing on the form provided by the Department.
2. Such appeals shall be filed with the Department along with payment of any required appeal processing fee.
3. Such appeals shall be filed before the expiration of the compliance date specified in the order except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
4. Such appeals shall include a copy of the contested order.
5. The appellant shall specify the grounds for appeal as to any claimed error of law or fact or abuse of discretion.
B. Burden of Proof. In any appeal filed under this Section, the appellant shall have the burden of proving the basis of the appeal by a preponderance of the evidence.
C. Stay of Enforcement. The filing of an appeal under this Section shall stay enforcement of the challenged order except when the violations are found to constitute an imminent danger or hazard to life or limb, health or safety.
D. Decision. Upon timely receipt of an appeal filed pursuant to this Section, the Department shall review the appeal and issue a decision within 30 calendar days of the filing of the appeal or within such further time as maybe required.
E. Serving of the Decision. A copy of the appeal decision shall be served on the appellant by first class United States mail, postage prepaid or by personal service.
F. Appeal of Department’s Decision. Any person or entity aggrieved by the Department’s decision issued pursuant to this Section may appeal the Department’s decision to the Director of Planning in accordance with Section 12.26 K. of this Code. For the purposes of this Subsection, whenever the phrase “Department of Building and Safety” is used in Section 12.26 K. of this Code, it shall mean Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(Added by Ord. No. 185,644, Eff. 7/6/18.)
A. Creation. There is hereby created and established the “Housing Appeals Board” (“Appeals Board”) consisting of members of the Rent Adjustment Commission (“RAC”) or any successor commission. The Appeals Board shall have the authority to adopt rules of procedure for conducting business. Copies of all rules of procedure adopted by the Appeals Board shall be delivered to the General Manager, who shall make them accessible to the public.
B. Authority of the Appeals Board. The Appeals Board shall have the authority to hear and decide appeals concerning:
1. A General Manager’s decision issued pursuant to Division 8 of this Article, other than a referral to the City Attorney or issuance of an order to abate.
2. Any other General Manager’s decision, determination or order concerning the maintenance, sanitation, ventilation, use, occupancy or habitability of residential rental properties, buildings, units, structures, or common areas falling within the scope of this Article.
3. A request received pursuant to the California Health and Safety Code Section 17959.4.
C. Requirements to File an Appeal. An appeal filed under this Section shall meet the following requirements:
1. Such appeals shall be made in writing on the form provided by the Department.
2. Such appeals shall be filed with the Department along with payment of the appeal processing fee of $150.00.
3. For appeals filed pursuant to Section 161.1001 A.3. of this Article, such appeals shall be filed within 15 calendar days of service of the challenged decision except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
4. For appeals filed pursuant to Section 161.1001 A.4. of this Article, such appeals shall be filed before the expiration of the compliance date specified in the order or within 15 calendar days of service of the challenged decision or determination except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
5. The appellant shall specify the grounds for appeal as to any claimed error of law or fact or abuse of discretion.
D. Burden of Proof. In any appeal filed under this Section, the appellant shall have the burden of proving the basis of the appeal by a preponderance of the evidence.
E. Stay of Enforcement. The filing of an appeal under this Section shall stay enforcement of those portions of the challenged decision, determination, or order, except referrals to the City Attorney and Urgent Repair Program (Article 15 of Chapter IV of this Code) where violations constitute an imminent danger or hazard to life or limb health or safety.
F. Notice of Hearing. Upon receipt of a timely appeal, the Appeals Board shall set the matter for hearing.
1. Notice of the hearing date, time, place and purpose shall be served at least 15 calendar days before the Appeals Board hearing.
2. The Notice of hearing shall be served on the appellant, property owner/landlord, tenant(s) of affected residential units, General Manager, and any interested party who has requested in writing to be so notified as follows:
a. Appellant shall be served by first class United States mail postage prepaid, at the address provided on the appeal form.
b. Property owner/landlord and tenants shall be served in accordance with Section 161.409 of this Article as applicable.
c. General Manager shall be served by delivery to the Office of the General Manager.
d. Interested parties shall be served by first class United States mail, postage prepaid, at the address provided by the interested party.
G. Conduct of Appeals Board Hearing and Scope of Review.
1. During the hearing, the Department, appellant, property owner/landlord, tenant, and any interested person may present oral and documentary evidence relevant to a decision on the appeal.
2. The Appeals Board review shall be limited to those claimed errors of law or fact or abuse of discretion set forth in the written appeal.
3. For appeals of a General Manager’s decision issued under Division 8 of this Article, the Appeals Board shall not consider evidence that was not presented during the General Manager’s hearing unless it is newly discovered evidence that could not, with due diligence, have been discovered and produced at the General Manager’s hearing.
4. For appeals of a General Manager’s decision issued under Division 8 of this Article, compliance with orders to comply after the General Manager’s hearing shall not be considered by the Board.
5. No evidence shall be submitted outside of the hearing.
6. The Appeals Board shall have no authority relative to interpretation of the administrative provisions of this Article and the Appeals Board shall not be empowered to waive requirements of this Article.
7. The decision of the General Manager to refer the property to the City Attorney for criminal prosecution is not subject to appeal.
H. Decision.
1. The Appeals Board shall issue a written decision within 15 calendar days of the hearing on appeal.
2. The Appeals Board may affirm, modify or reverse the appealed decision, determination or order of the General Manager upon making written findings setting forth specifically any error or abuse of discretion.
3. The Appeals Board decision shall be served on the appellant, property owner/landlord, and tenant in accordance with subsection F. of this Section.
4. If the Appeals Board denies the appeal, any decision, determination or order that was appealed shall be effective retroactively to the date specified in the original order, decision or determination.
6. If the Board’s decision orders relocation assistance, the decision shall comply with Section 151.09(G) of this Code.
7. The Appeals Board decision shall be the final administrative decision.
(Added by Ord. No. 173,011, Eff. 1/30/00.)
Section
161.1101 [Posting and Notice.]
161.1101.1 [Noncompliance.]
(Added by Ord. No. 173,011, Eff. 1/30/00.)
If the building or dwelling unit has been declared substandard pursuant to California Health and Safety Code Section 17920.3, the Department shall post on the building or dwelling unit, in a conspicuous place near the entrance, a warning placard or sign informing the occupants of the fact that the premises have significant health or safety violations and notice shall be provided to each affected residential unit in the manner prescribed by Subdivision (a) of California Health and Safety Code Section 17980.6. The notice need not contain the precise wording of this section.
(Added by Ord. No. 173,011, Eff. 1/30/00.)
If the building or dwelling unit has been declared substandard pursuant to California Health and Safety Code Section 17920.3, and after written notice of the violation, specifying the applicability of this section, has not been brought to a condition of compliance within six months after the date of the notice or the time prescribed in the notice, whichever period is later, then the Department shall notify the Franchise Tax Board of the noncompliance and shall record a copy of the notice with the office of the County Recorder following the procedures set forth in California Revenue and Taxation Code Section 17274(c).
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