Los Angeles Municipal Code Div. 7 Violations

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Section

• 161.701.1 General.

• 161.701.2 Violations by Tenants.

• 161.701.3 Removal of Posted Notices or Orders.

• 161.702 Orders.

• 161.703 Vacant Units.

• 161.704 Time to Comply.

• 161.704.1 General.

• 161.704.2 Reinspections.

• 161.704.3 Extensions.

• 161.704.4 Conditions Posing Serious Risk.

• 161.704.5 Conditions Posing Imminent Threat.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

It shall be unlawful for any person or entity to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy, or maintain any building or structure, or permit the above to be done, in violation of any provision within the authority of the Department this article.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Pursuant to the regulations the Department shall enact, any tenant determined to have violated Section 91.8102.2 or California Civil Code Section 1941.2 shall be given an order to comply and made subject to the enforcement remedies provided for in these regulations.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

It shall be unlawful for any person to remove, alter, deface, tamper with or alter the visibility of any notice or order posted at the premises pursuant to this Code. If any posting is removed or tampered with, it shall be the responsibility of the owner or the owner’s agent to replace promptly the notice or order.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Whenever the Department determines by inspection that any existing building or dwelling unit, subject to this article, or portion thereof, is in violation of this article, the Department shall order the violation corrected. If the Department determines that the building or dwelling unit is substandard pursuant to California Health and Safety Code Section 17920.3, then the order shall declare the building or dwelling unit to be substandard pursuant to that section.

The order shall be provided to the owner on a standard form which in plain language states the violations found and the sections of this Code with which the property is not in compliance. The order shall inform the owner that failure to correct the violation may result in additional inspection fees pursuant to Division 9 of this article or rent withholding as provided by Section 161.903.3 for failure to pay those fees, inclusion in REAP and/or rent reduction as specified in Section 162.04, inclusion in the Urgent Repair Program as specified in Section 50.00 C. or any successor program, relocation assistance as specified in Section 161.805(7), property management training as specified in Section 154.00 of this Code, inclusion in the Receivership Program, increased frequency of inspections as provided by 161.602.1, eviction protections as provided by Sections 151.09 and 161.806, prohibited rent increases as provided by Section 161.807, criminal prosecution or any other enforcement action. If the order declares the building or dwelling unit to be substandard, then it shall comply with California Health and Safety Code Section 17980(d). (Para. Amended by Ord. No. 173,810, Eff. 4/16/01.)

The order shall be served on the owner by first class mail. A copy of the order shall be provided to each affected residential unit in the manner prescribed by Subdivision (a) of California Health and Safety Code Section 17980.6.

(Amended by Ord. No. 181,744, Eff. 7/15/11.)

A vacant unit in a property subject to this Article need not comply with orders under this Section, provided that a notice is recorded against the property declaring that the unit is and shall remain vacant, and provided that the unit is secured against unauthorized entry. If a dwelling unit declared to be vacant is rented, no rent is due or owing for that dwelling unit. The tenant may assert this Section as an affirmative defense to any unlawful detainer action brought based on nonpayment of rent.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Except as provided otherwise in this article, the order shall give the owner not more than 30 days to correct the violation. If the inspections or reinspections do not occur within the time frames stated in this division, it does not remove the obligation of the owner or person in charge or control of the premises to comply with any orders or notices.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Except as provided otherwise in this article, the Department shall reinspect the building or dwelling unit within 5 days or as soon thereafter as possible, but no later than 15 days, of the compliance date specified in the order, and again within 5 days or as soon thereafter as possible, but no later than 15 days, of any extended compliance dates.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

If the violation has not been corrected by the compliance date but significant progress has been completed, the inspector may grant a single extension of time, not to exceed 30 days. If upon subsequent reinspection the violation has not been corrected but significant additional progress has been completed since the previous inspection, the inspector’s supervisor may grant a single additional extension of time, not to exceed 30 days. Any other or further extensions of time may be granted only by the General Manager or the General Manager’s designee. The extensions permitted by this section are not automatic. In determining whether to grant any extension, the Department shall consider the criteria set forth in Section 161.602.1 and any other criteria set forth by regulation indicating a risk of recurring violations.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

If the condition poses a serious risk to the health or safety of the occupants or the public, the inspector shall order the condition to be abated in not more than 14 days. No extensions of time shall be granted except by the General Manager or the General Manager’s designee.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Where the Department determines that the condition poses a present, imminent, extreme and immediate hazard or danger to life or limb, health or safety, it shall order abatement of the conditions within 48 hours. No extensions of time shall be granted except as provided by regulation. Within 24 hours after the time to abate, the Department shall conduct a reinspection of the building or dwelling unit to determine compliance with the order. If the condition has not been abated, the Department shall have the authority to make the necessary repairs and include the building or dwelling unit in the Urgent Repair Program as specified in Section 50.00 of this Code or any successor program established to ensure immediate repair of dangerous, life threatening conditions.