June 19, 2018

Los Angeles City Council
Room 340, City Hall
200 North Spring Street
Los Angeles, CA 90012

Re:   Council File No. 15-0463-S1

City Council Meeting for June 20, 2018, 10:00 am

Agenda Item 10

Dear Councilmembers:

The draft ordinance presented to you is a power grab by the Housing Department in the guise of a technical amendment. 

Page 2, Section 161.401(A) – Use and occupancy are put under the purview of the Housing Department. Until now, this has been the purview of the Building Department, which issues permits and Certificates of Occupancy.

This additional language sets up a conflict between the Housing Department and the Building Department

Page 2, Section 161.403(A) – The same language as above “use and occupancy” sets up a conflict between the Housing and Building Department.

Page 4, Section 161.410(A) – There is no reason to give arrest authority to Housing Inspectors, who have no training in proper arrest procedures.

Page 5, Section 161.601(C)(1) – The owner should be given notice that he/she has a ten day deadline to seek judicial review.

Page 5, Section 161.601(D)(1) – The draft requires that “the General Manager shall secure entry”. This should be “may secure entry”.

Page 9, Section 161.802(A)(1) – Notice to address listed in the last equalized assessment roll, is inadequate notice. There are more current lists of property owners available to the City.

Page 10, Section 161.803(C) – There is no reason to require the General Manager to make written findings to support a continuance. The General Manager has been making continuance decisions appropriately.

Page 14, Section 161.1004(B)(2) – The General Manger should not have jurisdiction over use or occupancy. This is the purview of the Building Department.

Page 16, Section 161.1004(G)(3) – This paragraph prohibits the Appeals Board from considering the fact that the property may have come into compliance after the General Manger’s hearing and before the Appeals Board hearing, which would cure the problem.

Cordially,

Thomas A. Nitti
Law Offices of Thomas A. Nitti
1250 Sixth Street, Suite 305
Santa Monica, CA 90401