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Disabled
Access Commission
APPEAL/ORDINANCES
SECTION
105.5 DISABLED ACCESS APPEALS COMMISSION.
105.5.1
Creation of the commission. There is hereby established
a commission known as the Disabled Access Appeals Commission.
105.5.2
Membership of the commission. The Disabled Access Appeals
Commission shall be composed of five qualified persons. Two
members of the commission shall be physically disabled persons,
and two members shall be persons experienced in construction.
The fifth member may be any resident of the City of Los Angeles.
Commission members shall be appointed by and may be removed
by the mayor, subject in both appointment and removal to the
approval of the council by a majority vote. In the case of
a vacancy during the term of office of any member, the same
shall be filled by appointment by the mayor for the period
of the unexpired term subject to the approval of the council
by a majority vote. The members of the commission shall be
exempt from all civil service provisions.
105.5.3
Compensation and term of office. Each member of the commission
shall be paid $50.00 per meeting attended, but not to exceed
$250.00 in any one calendar month.
The
term of office of the members of the commission shall be five
years beginning with the first day of July of the respective
years, except that the terms of office of the original five
members of the commission appointed pursuant to this section
shall be such that one term shall expire on the first June
30, one term shall expire on the second June 30 and one term
shall expire on the third June 30, one term shall expire on
the fourth June 30 and one term shall expire on the fifth
June 30 next following the effective date of the appointment
of the original five members. Thereafter, the terms of the
succeeding members shall be so designated that the term of
office of one member shall expire each year. The period of
term of each member shall be designated in the appointment.
Each
member of the commission shall have the power to administer
oaths.
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105.5.4
Authority of the commission. The commission shall have
and exercise the following powers:
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1. |
To
hear and determine written appeals brought by any person
from actions taken by the Department of Building and Safety
in the enforcement of the requirements of Section 19955,
et seq., of the California Health and Safety Code, the
provisions of state law dealing with access to public
accommodations by physically disabled persons. |
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2. |
To
hear and determine written appeals brought by any person
from the rulings, decisions and determinations of the
department granting or denying applications for exceptions
pursuant to Health and Safety Code Section 19957. |
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3. |
To
hear and determine written appeals brought by any persons
wherein it is alleged that there is error or abuse of
discretion in any order, requirement, decision, interpretation
or other determination made by the department in the
enforcement or administration of Title 24, Part 2, California
Code of Regulations, Section 101.17, et seq., and any
other federal, state or municipal handicapped access
and adaptability requirements.
All appeals shall be reviewed by the department. The
department may reverse or modify the action appealed
from at any time prior to final action by the commission.
Any such new action may then be appealed to the commission.
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4. |
To
respond to the department's request for advice on any
matter within the department's jurisdiction relating to
access to public accommodations and housing by the physically
disabled. |
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5. |
To
exercise the authority granted in Section 105.6 of this
code. |
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SECTION
105.5.5 APPEALS.
105.5.5.1
Procedures. An appeal to the commission may be filed by
any person aggrieved, or by an officer, board, department
or bureau of the city. An appeal shall be in writing and shall
be filed in the office of the Board of Building and Safety
Commissioners upon appropriate forms provided by the department.
An appeal shall set forth specifically the points at issue,
the reasons for the appeal, and wherein the appellant believes
there was an error or an abuse of discretion by the department.
When
considering an appeal from an action by the department, the
commission shall make its determination within 30 days from
the filing of the appeal. This time limit may be extended
by mutual written consent of the applicant and the commission.
Upon receipt of the appeal, the commission shall set the matter
for hearing and give notice by mail of the time, place and
purpose thereof to the appellant, to the applicant, to the
owner or owners of the property involved, and to any interested
party who has requested in writing to be so notified. Such
notice shall be in writing and mailed at least 10 days prior
to said hearing. No other notice thereof need be given except
in those cases hereinafter mentioned.
The
commission may grant, conditionally grant, or deny any appeal.
All actions of the commission shall be final. Any action within
the jurisdiction of the commission shall be final and conclusive
as to the department in the absence of fraud or abuse of discretion.
A
separate appeal shall be filed for each single building as
described in Section 98.0403.2 of the Los Angeles Municipal
Code. Appeals to the Appeals Commission shall be accompanied
by a filing fee as set forth in Table 4-A of Division 4 Article
8, Chapter IX, of the Los Angeles Municipal Code.
If
the commission fails to act on any appeal within the time
limit specified in this section, then the action of the department
on the matter shall be final.
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105.5.5.2
Decision. The decision on an appeal shall be concurred
on by at least three members of the commission. The commission
may modify or reverse a ruling, decision or determination
appealed from only upon making written findings setting forth
specifically wherein the action of the department was in error
or constituted an abuse of discretion. The commission shall
make specific written findings supporting any modification
or reversal.
Upon
making a decision, a copy of the findings and determination
shall be furnished to the applicant, the appellant and the
Department of Building and Safety.
105.5.5.3
Special findings. Before granting or affirming the grant
of an exception pursuant to health and Safety Code Section
19957, the commission must find that the application involves
a case of practical difficulty, unnecessary hardship, or extreme
differences, and that it is clearly evident that equivalent
facilitation and protection will be secured.
105.5.5.4
Revocation of approvals. The commission shall revoke or
rescind any determination, including the grant of an appeal
or exception, if made in error in violation of any provision
of law, or in reliance on any false statement or misrepresentation
as to a material fact.
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105.5.5.5
Time limits. The rights and privileges granted by the
commission pursuant to any decision, determination, approval,
appeal or exception shall be void if all required building
permits are not secured within one year of the effective date
of such action, or if the permit expires under any of the
conditions specified in Section 98.0602 of the Los Angeles
Municipal Code.
However,
the commission, and the superintendent acting on behalf of
the commission, may grant extensions of time if the applicant
submits in writing substantial evidence that unusual conditions
or circumstances either precluded the securing of al required
permits within the allocated time or caused the permit to
expire as specified in Section 98.0602 of the Los Angeles
Municipal Code.
Requests
for extensions of time shall be made not later than 30 days
after the expiration times specified in this section.
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105.5.5.6
Additional authority. In considering appeals, the commission
may exercise the following powers:
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1. |
To
appoint one or more hearing officers to conduct hearings
and make recommendations to the same extent and in the
same manner as the superintendent of building acting pursuant
to Section 98.0602 of the los Angeles Municipal Code.
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2. |
To
request the attendance of witnesses and the production
of evidence before the commission. |
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3. |
To
request the city attorney, or an assistant or deputy designated
by the city attorney to appear at any hearing before the
commission. |
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4. |
To
adopt rules regarding the filing of appeals, the conduct
of its hearings and any other procedural rules in keeping
with the provisions of this chapter. |
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105.5.5.7
Limitations on jurisdiction. Notwithstanding any other
provision of this code, the commission's jurisdiction shall
not include the right to hear and determine an appeal from
a department determination, order or action if such appeal
is filed:
On
or after the date a criminal citation is issued, charging
the appellant with a violation of law based on the facts underlying
such determination, order or action; or
On or after the date a criminal complaint is filed, charging
the appellant with a violation of state laws based on such
determination, order or action.
Further,
the commission's jurisdiction shall not include the right
to hear appeals from or otherwise review any action, order
or determination of the Board of Building and Safety Commissioners.
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