Photo by Joe Gratz is licensed under Public Domain.
If you have received a notice that your building does not comply with applicable housing regulations and you have not corrected the violations, after a public hearing your property may be referred to the Office of the City Attorney for misdemeanor prosecution. The Legal Unit within the LAHD prepares case files for referral.
Referral and Filing
Your case is in the Legal Unit as a result of the General Manager’s Hearing decision. The hearing officer directed that the case be prepared for referral to the Office of the City Attorney for prosecution due to persistent violations. The case will be filed as a criminal misdemeanor charge. It will be filed against the person or business entity on title.
Averting a Legal Case Filing
A legal case can be closed when a LAHD Inspector signs off verifying that the cited violations have been corrected. If you believe that you have brought your property into compliance, contact the Legal Unit to determine who should conduct the final inspection. If at the time of request for re-inspection the case has not been referred to the City Attorney’s Office, the assigned Case Manager will inspect the property. If the case has been referred to the City Attorney’s Office, the Court Liaison Unit (CLU) will inspect the property. Simply requesting an inspection will not necessarily delay processing of your case by the City Attorney. However, completing repairs and receiving sign off from a housing inspector that the violations have been corrected will make the filing of a legal case unnecessary.
More information about inspections.
Applying and Finalizing Permits
Although you may have applied for and finalized building permits, the case will still move forward until an LAHD Inspector verifies that the violations have been corrected. It is the responsibility of the property owner to contact the LAHD once permits have been obtained from LADBS and when work has been completed. An LAHD inspector must sign off that the violations have been corrected to indicate that all housing code requirements have been met. This information will be transmitted to the City Attorney and the processing of the case against you will stop.
Legal Fees
You are being billed as a result of the Legal Unit preparing a case file for referral to the Office of the City Attorney. If the fees are not paid timely, late fees will be assessed. You may dispute the imposition of the legal fees by completing the Legal Case Fee Waiver Application form. Typically, fees will be waived if it is determined that the case file was completed after all the violations were resolved.
Additionally, late fees may be disputed by completing the administrative penalty appeal form. Penalties may be waived under the following conditions: (1) debilitating illness or death of the property owner, (2) change in ownership, (3) change in exemption status, or (4) departmental error. The request is made by completing and submitting the Administrative Penalty Appeal form.
