Los Angeles Municipal Code Div. 9 Cost Recovery and Penalties for Violation

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

Section

• 161.901 Fees.

• 161.901.1 Inspection Fees.

• 161.901.2 Additional Fees for Inspections.

• 161.901.3 Exemption from Fees.

• 161.901.4 New Property Owner.

• 161.902 Administrative Costs.

• 161.903 Penalties for Nonpayment.

• 161.903.1 [Late Charge.]

• 161.903.2 [Failure to Pay.]

• 161.903.3 Rent Withholding.

• 161.903.3.1 [When Permitted.]

• 161.903.3.2 [Affirmative Defense.]

• 161.904 Lien.

• 161.905 Civil Penalties and Fines.

• 161.906 Criminal Penalties.

• 161.907 No Fine or Penalty for Seeking Pre-compliance Review of Inspection Notice.

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

(Amended by Ord. No. 184,768, Eff. 4/4/17.)

If an order to comply is issued and the violation continues to exist on a date after the order requires compliance, the Department is hereby authorized to impose an inspection fee pursuant to Section 161.901.2. Fees may be charged in advance for the third inspection and any subsequent inspection until compliance is attained. The fees may be imposed without a hearing but may be appealed pursuant to Section 161.1001. Inspection fees may also be charged in advance for any periodic inspection ordered at the General Manager’s hearing to take place in less than four years.

(Amended by Ord. No. 175,206, Eff. 6/18/03.)

Additional fees for inspections, beyond the initial inspection and re-inspection included in the Systematic Code Enforcement Fee pursuant to Section 161.352, may be collected by the Department in an amount of $169.00 per additional inspection. Any additional inspection requiring more than 1.5 on-site hours may be billed at an additional $52.00 per hour or portion thereof for on-site work.

(Added by Ord. No. 184,446, Eff. 9/28/16.)

A. A property owner/landlord with units exempted from the scope of Section 161.301 shall provide the Department, on a form approved by the Department, and accompanied by supporting documentation, a written declaration stating the facts supporting the claim of exemption from the provisions of this chapter.

B. If the property owner/landlord fails to submit the form(s) and information required in Subsection A. of 161.901.3 by the last day of the month of January of each year, the involved unit(s) shall be subject to the provisions of this chapter and any fines, fees, interest and penalties collected may be non-refundable.

C. If a property owner/landlord declares that a rental unit is exempt from this article by the provisions of Section 161.301 because it is vacant, the property owner/landlord shall provide the Department with a copy of a notice recorded with the County Recorder of the County of Los Angeles declaring that the unit is and shall remain vacant, and shall secure the unit against unauthorized entry.

D. If the status of a unit exempted from this article as provided in Section 161.301 changes so that the unit is no longer exempt, the property owner/landlord shall notify the Department within 45 calendar days of the change of status.

(Added by Ord. No. 184,446, Eff. 9/28/16.)

A. After a change of ownership of a property subject to the provisions of this Chapter, the new property owner/landlord shall notify the Department of the ownership change, on a form approved by the Department; provide legal documentation verifying the ownership change; furnish the Department with an emergency contact, including the contact’s name, address and phone number; and submit to the Department payment for all current annual fees; or timely request an exemption, if applicable.

B. If a new property owner/landlord fails to submit a written declaration and supporting documents as provided in Section 161.901.3 within 45 calendar days of the date that the sale was recorded with the County Recorder of the County of Los Angeles, the unpaid fees will be assessed a delinquent penalty for the non-payment.

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

The Department’s costs, including preparation, inspections, appearances at hearings, the cost of administration and supervision of any work required to abate substandard buildings or violations cited in a notice and order, and all attendant costs for this code enforcement action shall be assessed upon the property owner, at an accrued hourly rate to be set by the General Manager if the General Manager determines that the owner has not completed the required corrective action for all code violations cited in the notice or order within the time period specified in the notice or order or any extensions granted.

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

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

A late charge equal to two times the fee or cost and a collection fee equal to 50 percent of the original fee or cost shall be imposed if any fees or costs imposed by this Division are not paid within 30 days of service of notice of the imposition of the fee or cost or, if timely appealed pursuant to Division 10 of this Article, of any decision on the appeal. The City shall have the right to bring legal action in any court to enforce the order and collect the amount of the outstanding fees, late charges and costs. The Department may waive the penalty imposed pursuant to this Article if the Department determines that good cause exists for the owner’s failure to pay in a timely manner. The Department may make such rules and regulations as may be necessary to carry out the provision of this Section.

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

An owner who fails to pay the original fee imposed pursuant to Section 161.352 of this Article shall be deemed delinquent. The owner shall pay a penalty fee equal to two times the original fee per subject rental unit for such a delinquency. The City shall have the right to bring a legal action in any court to enforce the order and collect the amount of the outstanding fees and penalties. The Department may waive the penalty imposed pursuant to this Article if the Department determines that good cause exists for the owner’s failure to pay in a timely manner. The Department may make such rules and regulations as may be necessary to carry out the provision of this Section.

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

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

A tenant may withhold the payment of any rent otherwise lawfully due and owing if any fees imposed pursuant to this article are delinquent. Once the fees have been paid, the tenant becomes obligated to pay the current rent and any back rent withheld.

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

The tenant may assert as an affirmative defense to any unlawful detainer action that the landlord has failed to pay required fees pursuant to this article.

(Amended by Ord. No. 175,596, Eff. 12/7/03.)

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 division or Division 3.5 of this article as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

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

Any person or entity violating this article shall be liable for a civil fine of up to $1,000 for each day the violation is committed or permitted to continue. The fine shall be assessed and recovered in a civil action brought by the City Attorney in any court of competent jurisdiction. There may be no more than one violation per building per day. The Department shall also be entitled to the costs of enforcing this article, pursuant to a court order. Any fine assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Department. The Department shall have the authority to pursue any of the remedies, including fines or fees authorized by California Health and Safety Code Sections 17980, 17980.6 through 17981, and 17992, and any other remedies provided by law. (Amended by Ord. No. 175,596, Eff. 12/7/03.)

Any person or entity properly served in the manner set forth in this article, with a notice or order by the General Manager declaring a building to be a substandard building, or setting forth a violation of this article and demanding its correction within a specified period of time, shall be presumed, in civil proceedings, to have failed to comply with the notice or order if the time for correction has expired without correction of the violation.

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

Any person or entity who erects, constructs, enlarges, alters, repairs, moves, improves, converts or demolishes, equips, uses, occupies, or maintains any building or structure or permits the above to be done, in violation of any provision of this article, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of up to $1,000 or by imprisonment not exceeding six months, or by both, and that person shall be deemed guilty of a separate offense for every day the violation, disobedience, omission, neglect or refusal continues. Any person who does any work in violation of any of the provisions of this article, or any order of the General Manager made pursuant to this article , and any person having charge of work who permits it to be done, shall be liable for the penalty provided.

Any person violating any of the provisions, or failing to comply with any of the requirements of this article shall be guilty of a misdemeanor except that violations of Sections 161.806, 161.807, 161.903.3, and 161.1201 shall not constitute a misdemeanor.

(Added by Ord. No. 185,644, Eff. 7/6/18.)

No civil or criminal fine, penalty or cost shall be imposed for seeking pre-compliance judicial review of an inspection notice.