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17.60. 010 Definitions.

A. "Validation," for the purposes of this chapter only, is defined as a process whereby the planning commission has the power to grant to the applicant a status report of legal nonconformity with reference to the structure submitted to the board for determination. The legal nonconformity can include but is not limited to declarations of the legality of violations of the current zoning ordinance such as height of the building, side yard setback, off-street parking provisions and similar violations, and shall also include the declaration of legality of existing violations of the housing code, building code, and other codes of the city.

B. "Substandard housing," as defined in Assembly Bill No. 475, means housing which has been determined by a state or local government regulatory agency to violate state law or local codes dealing with health, safety or building. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9)

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17.60. 020 Validation of legality of nonconforming buildings constructed prior to January 1, 1959.

When it can be shown as hereinafter described that dwelling units constructed prior to January 1, 1959, were constructed in accordance with then applicable laws, that said dwelling is not substandard within the intent and meaning of Assembly Bill No. 475, and that the use of said dwelling has been consistent since January 1, 1959, then said residential dwelling unit or units shall be declared legally nonconforming. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.1)

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17.60. 030 Application for validation.

When city records and actual property use conflict, the property owner may apply to the planning commission to have such records corrected. Such application shall be made to the building director, and shall include the written permission of the property owner and all occupants of the subject building to permit a physical inspection of the building to make a determination of whether or not said building is substandard.

Upon the completion of said physical inspection of the premises by the community development director, said director shall process the application with the intention to consider at a public hearing the granting of a validation, and shall so notify the property owner in writing. The notice to the property owner shall include the following:

A. A statement of whether or not the structure is substandard, and findings in accordance therewith;

B. A written opinion of whether or not the structure and all the units therein were constructed prior to January 1, 1959, and findings in connection therewith; and

C. A description of the status of existing city records with reference to said structure. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.2)

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17.60. 040 Notice of hearing.

Following the application of the property owner to the building director for validation of the legality of a nonconforming building and correction of city records, the community development director shall give notice of the intention of the planning commission to consider the matter at a public hearing to the property owner and to all owners of real property within a radius of three hundred (300) feet of the exterior boundaries of the affected property at least ten calendar days before said hearing, using for this purpose the last known name and address of the owner of such property as shown upon the last local assessment roll of property in the county of Los Angeles prior to the date of such mailing. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.3)

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17.60. 050 Hearing.

All public testimony, oral or documented, as to whether or not the structure, when constructed, was consistent with the then existing zoning code and all other applicable codes and has been continuously so utilized since that time (except that it is rebuttably presumed that said structure has continuously been so used) shall be reviewed by the planning commission.

After the conclusion of the hearing, the planning commission shall deny or grant the application in whole or in part, based upon the evidence received.

The decision of the planning commission shall be final unless appealed. At the conclusion of the public hearing, in the event of a denial, the applicant shall be advised that he or any person may appeal said decision by filing with the city manager a written request for a hearing before the city council, said appeal to be filed within ten days after the date of the decision by the planning commission. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.4)

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17.60. 060 Negotiation of agreement between property owner and city.

The planning commission shall have the power to negotiate with the property owner concerning property promises on behalf of the property owner in exchange for the validation, and upon agreement by all parties the premises and validations will be set out in writing and executed by the property owner and by the building director on behalf of the city and shall constitute an agreement with reference to the structure for the term that the property remains legally nonconforming in accordance with the provisions of the zoning ordinance. (Prior code Appx. A, § 7-9.5)

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17.60. 070 Substandard structures.

In the event that the planning commission grants a validation and the structure has been found to be substandard, said validation shall not become effective until the substandard condition is corrected in accordance with the provisions of Sections 17299 and 24436.5 of the Revenue and Taxation Code of the State of California as enacted by Assembly Bill No. 475. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.6)

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17.60. 080 Determination of legality of buildings constructed after January 1, 1959.

If there is a conflict between the actual use of property and such use as would be permitted by the records of the city, then the property owner upon application may request that the records be corrected and the structure validated, following procedures set forth in Sections 17.60.040 and 17.60.050. Upon such application being made, the building director shall make an exterior inspection of the premises and make a determination of whether the building appears to be substandard within the meaning of Assembly Bill No. 475. If at that time or at any time during the procedure set forth herein it appears either to the appeals board or to the building inspector that the building may be substandard, then the procedure shall be halted until such time as the property owner and all occupants of the subject building grant permission to the city to make a physical inspection of the interior of the building. If such permission is not granted within thirty (30) days, then the application shall be deemed denied.

If it appears from an exterior inspection of the building that the structure is not substandard, then the validation process shall continue except that prior to the validation being effective the property owner and all occupants of the subject building are required, as part of the validation process, to give permission to the city to make an interior inspection of premises to determine if the structure is substandard. If the structure is determined to be substandard, then such condition must be corrected within six months after the granting of the validation or the application is deemed denied. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.7)

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17.60. 090 Taxes and fees for city services.

When the applicant has been granted approval by the planning commission for legal nonconforming status of a residential unit then said unit shall be accepted as a new dwelling unit upon payment of a validation fee, the amount of which shall be established by resolution of the city council, and a business license tax where applicable. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.8)

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17.60. 100 Violation--Penalty.

No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, remove, improve, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the building official hereunder. Any person violating the provisions of this code shall be guilty of a misdemeanor for each day such violation continues.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the city jail or in the county jail, as the committing magistrate may direct, for no more than six months, or by both such fine and imprisonment in the discretion of the court. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. (Ord. 96-1160 § 1 (part), 1996; prior code § 7-9.9)

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