Skip to code content (skip section selection)
Compare to:
SEC. 11.2.08. APPEAL OF THE ADMINISTRATIVE CITATION.
 
   (a)   Request for Initial Review and Administrative Hearing. (Amended by Ord. No. 183,272, Eff. 11/14/14.) If the Responsible Person chooses to contest the Administrative Citation, the Responsible Person shall submit to the City Attorney a request to do so on an official form provided by the City no later than twenty (20) calendar days after the notice of the Administrative Violation is sent to the Responsible Person. Said form, hereinafter referred to as a Request for Initial Review, shall notify the Responsible Person that an initial review regarding the validity of the Administrative Citation will be conducted prior to scheduling an administrative hearing and shall comply with the policy and procedures established by the City Attorney.
 
   1.   Initial Review of Administrative Citation. Upon receipt of the Request for Initial Review, as provided in Subsection (a) of this Section, the City Attorney will conduct an initial review to determine the validity of the Administrative Citation and the appropriate remedy. The City Attorney may make either of the determinations set forth below or, in the exercise of the City Attorney's independent discretion, determine to refer the matter to be addressed through other available remedies including, but not limited to, criminal proceedings, civil action, injunctive relief, specific performance, and any other remedies provided by law.
 
   A.   If, following the initial review, the City Attorney determines that the Administrative Violation did not occur, or that extenuating circumstances make dismissal of the Administrative Citation appropriate in the interest of justice, the Administrative Citation shall be dismissed and the Responsible Person notified by mail.
 
   B.   If, following the initial review, the City Attorney does not dismiss the Administrative Citation and determines that the administrative remedy being sought is appropriate, the Responsible Person shall be notified by mail and informed of his or her obligation to pay the Administrative Fine within fifteen (15) days of the mailing, or of his or her right to request an administrative hearing pursuant to Subdivision (2) of this Subsection.
 
   2.   Contest the Initial Review. If the Responsible Person chooses to contest the outcome of the initial review, within fifteen (15) days of the mailing of the results of the initial review, the Responsible Person shall submit a written request, on an official form provided by the City, requesting an administrative hearing. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or One Thousand dollars ($1,000), whichever is less, or written proof of financial hardship as specified in Paragraph A. of this Subsection. A hearing shall be scheduled when the aforementioned conditions are met. A Responsible Party who fails to submit a Request for Administrative Hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the Initial Review.
 
   A.   In lieu of the advance deposit required pursuant to Subdivision (2) of this Subsection, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person under penalty of perjury, shall be filed with the City Attorney. The declaration shall state that the Responsible Person earned less than 50% of the median income for the Los Angeles area during the previous tax year, as reported on the Responsible Person's federal income tax return filed with the Internal Revenue Service. The median income for the applicable year shall be as determined by the United States Department of Housing and Urban Development.
 
   3.   Code Compliance Fund. All monies derived from the advance deposits identified in Subdivision (2) of this Subsection shall be deposited into the Code Compliance Fund, established pursuant to of the Los Angeles Administrative Code, and held until the conclusion of the administrative hearing process at which time the monies will either be transferred to the General Fund or refunded to the Responsible Person.
 
   (b)   In the event the Responsible Person fails or refuses to satisfy any of the alternatives set forth in Subsection (a) of this Section, as applicable, then the Administrative Fine shall be immediately due and owing the City and may be collected in any manner allowed by law for collection of a debt. The Responsible Person shall also be responsible for any additional fines and costs as set forth in Section 11.2.11.