* Editor’s note: For regional planning commission, see Ch. 2.108. For board of supervisors organization and powers generally, see Ch. 2.36 of this code.

The hearing officer may approve, conditionally approve or disapprove applications for land use permits and variances, subject to the general purposes and provisions of this Title 22. In addition, the hearing officer may consider an appeal from a final zoning enforcement order issued by the director in accordance with the procedures specified in Section 22.60.390, and may thereafter sustain, modify or rescind such final zoning enforcement order. (Ord. 99-0051 § 1, 1999: Ord. 85-0195 § 6 (part), 1985.)

A. The hearing officer shall preside over the public hearing and hear testimony for and against an application for a land use permit or variance, pursuant to the procedures provided in Part 4 of Chapter 22.60.
B. The hearing officer, within 10 working days of the conclusion of a public hearing on a use permit or variance, shall:
1. Make findings as required by this Title 22.
2. Based on the findings, approve, conditionally approve or disapprove the application.
3. Mail notice of the decision as required by this Title 22. (Ord. 2008-0043 § 15, 2008; Ord. 85-0195 § 6 (part), 1985.)

The hearing examiner conducts public hearings on applications for land use permits, variances, zone changes, ordinance amendments, land divisions, and plan amendments subject to the general purposes and provisions of this Title 22. (Ord. 2008-0043 § 16, 2008.)

A. The hearing examiner may conduct public hearings on land use permits, variances, zone changes, ordinance amendments, land divisions, plan amendments, and other planning matters pursuant to the procedure provided in Part 4 of Chapter 22.60.
B. Prior to the commission’s public hearing on a matter for which the hearing examiner has first conducted a hearing, the hearing examiner shall:
1. Ensure that the report to the commission includes an analysis of the proposal, proposed findings and conditions, where applicable, recommendations, and other pertinent materials to be submitted to the commission.
2. Mail notice of the commission public hearing date and other information as required by Section 22.60.190.C. (Ord. 2008-0043 § 17, 2008.)

An applicant or petitioner for any permit, variance, nonconforming use or structure review, or zone change provided for in this Title 22 may withdraw his application at any time before hearing or before ex parte action by the hearing officer by filing with the hearing officer a request in writing signed by all persons who signed the original application or petition, or their successors in interest. (Ord. 85-0195 § 15 (part), 1985; Ord. 1494 Ch. 6 Art. 2 § 620, 1927.)

A. For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this Title 22, the following fees shall accompany the application or petition:
-- ABC Referral -- $206.00.
-- Adult Business Permits -- $8,461.00.
-- Animal Permit Referral -- $206.00.

— Animal Permits -- $1,054.00, except that where a public hearing is requested as specified in Section 22.56.470, an additional fee of $7,407.00 shall be paid.

— Aviation Cases, Minor -- $1,449.00. If an appeal to the Airport Land Use Committee is requested, an additional fee of $6,875.00.
-- Business License Referral -- $354.00.
-- Cemetery Permits -- $8,461.00.
-- Changes of Zones -- $12,604.00.

— Change of Zones, Fire Department Referral--a fee in the amount specified in Title 32, Section 328, of this code to be applied to the fire department, when the Department of Regional Planning determines that an application for a change of zone is to be referred to the Fire Department for review.
-- Clean Hands Waiver -- $599.00.

— Clean Hands Waiver, Fire Department Referral -- a fee in the amount specified in Title 32, Section 328, of this code to be applied to the Fire Department, when the Department of Regional Planning determines that a clean hands waiver is to be referred to the Fire Department for review.

— Coastal Development Permits -- $1,511.00, except where a public hearing is required an additional fee of $8,299.00 shall be paid. However, when filed concurrently with any other application, petition, or tentative map, required by this Title 22, or by Title 21 of this code which is the subject of a public hearing for the same or substantially the same property, a reduction of $2,175.00 shall apply to the coastal development permit.

— Coastal Development Permits, Amendments -- $1,054.00, if no public hearing is required, or $8,461.00 if a public hearing is required.
-- Conditional Use Permits (except as otherwise specified) -- $8,461.00.

— Conditional Use Permits, with concurrent filing of another application -- $7,996.00, except when concurrently filed with Conditional Use Permit for Significant Ecological Areas, that fee shall apply.

— Conditional Use Permits for Child Care Facilities -- $2,927.00, except that a reduced fee of $1,464.00 shall be imposed where the applicant is a nonprofit organization having an annual operating budget of less than $500,000.00. As used herein, "nonprofit organization" means an organization formed under the Nonprofit Public Benefit Corporation Law (Corporations Code section 5110 et seq.) and as described in Section 501(c) of the Internal Revenue Code of 1986; provided, however that a corporation or any body organized for the private gain of any person, or for which any part of the net earnings inures to the benefit of any private shareholder or individual is not a nonprofit organization as used herein.

— Conditional Use Permit, Fire Department Referral-- a fee in the amount specified in Title 32, Section 328, of this code to be applied to the Fire Department, when the Department of Regional Planning determines that an application for a conditional use permit is to be referred to the Fire Department for review, and a fee in the amount specified in Title 32, Section 328, of this code for each and every revision thereto which the Department of Regional Planning determines is to be referred to the Fire Department.

— Conditional Use Permit, Public Health Referral--in the amounts specified below, to be applied to the Department of Public Health, when the Department of Regional Planning determines that an application for a conditional use permit is to be referred to the Department of Public Health for review:

a. $170.00, when public water and public sewers are both available to the project, or

b. $575.00, when the project includes either a private sewage system or a private water system, and/or

c. $940.00, for projects involving noise reviews.

— Conditional Use Permits for Land Reclamation Projects -- $8,461.00, in addition to the deposit required by subsection B of this section.

— Conditional Use Permits for Landfill Waste Management--$5,000.00 minimum initial deposit from which actual planning costs shall be billed and deducted, and any supplemental fees and deposits as required by subsection C of this section.

— Conditional Use Permit, Parks and Recreation Referral--$483.00, to be applied to the Department of Parks and Recreation, when the Department of Regional Planning determines that an application for a conditional use permit is to be referred to the Department of Parks and Recreation for review, and $274.00 for each and every revision thereto which the Department of Regional Planning determines is to be referred to the Department of Parks and Recreation.
-- Conditional Use Permits for Significant Ecological Areas -- $18,506.00.

— Conditional Use Permits for Significant Ecological Areas, for construction projects up to 3,500 square feet of total new building area and where no land division is proposed -- $8,949.00.

— Conditional Use Permits for Subdivision Directional Signs -- $8,461.00 for each subdivision directional sign; provided, however, that where two or more message faces on the same sign structure relate to the same subdivision development, only one fee shall apply.

— Conditional Use Permits, Transit Oriented Districts -- 50 percent of Conditional Use Permit Fee.

— Conditional Use Permits, Modification or Elimination of Conditions -- $6,817.00, except that a reduced fee of $908.00 shall be imposed where the applicant is a nonprofit organization having an annual operating budget of less than $500,000.00. As used herein, "nonprofit organization" means an organization formed under the Nonprofit Public Benefit Corporation Law (Corporations Code section 5110 et seq.) and as described in section 501(c) of the Internal Revenue Code of 1986; provided, however, that a corporation or any body organized for the private gain of any person, or for which any part of the net earnings inures to the benefit of any private shareholder or individual is not a nonprofit organization as used herein.

— Conditional Use Permits, Time Extension -- $1,118.00. However, if said time extension is requested concurrently with a time-extension request for any other application or petition required by this Title 22, for the same or substantially the same property, only one time-extension fee shall apply.

-- Development Agreements--$3,000.00 minimum initial deposit, from which actual planning costs shall be billed and deducted, and any supplemental fees and deposits as required in subsection C of this section.
-- DMV Verification Referral -- $354.00.

-- Environmental Review Board -- $3,448.00 for a single-family residence; $7,803.00 for a concurrent case other than a single-family residence, in addition to any concurrent case fees; $4,954.00 for a development other than a single-family residence.
-- Explosive Storage Permits -- $8,461.00.
-- Housing Permits, Administrative -- $995.00.

-- Housing Permits, Administrative, with Off-Menu Incentives -- $1,437.00.
-- Housing Permits, Discretionary -- $3,445.00.
-- Interim Management Permits for Surface Mines -- $1,449.00.

-- Minor Conditional Use Permits -- $1,449.00, except that where a public hearing is requested pursuant to Section 22.56.075, an additional fee of $7,012.00 shall be paid.
-- Minor Parking Deviations -- $1,287.00.

-- Mobilehome Park Impact Reports -- For each impact report filed pursuant to Los Angeles County Code Section 8.57.300 -- $6,018.00.
-- Mobilehome Permits -- $8,461.00.

— Mobilehome Permits, Fire Department Referral--a fee in the amount specified in Title 32, Section 328, of this code to be applied to the Fire Department, when the Department of Regional Planning determines that a mobilehome permit or impact report is to be referred to the Fire Department for review.

-- Mobilehome Permits, Time Extension -- $1,118.00. However, if said time extension is requested concurrently with a time-extension request for any other application or petition required by this Title 22, for the same or substantially the same property, only one time-extension fee shall apply.

-- Modification of Development Standards in Community Standards Districts -- $1,449.00, except that where a public hearing is requested by the applicant, an additional fee of $7,012.00 shall be paid.
-- Nonconforming Use and Structure Review -- $8,461.00.

-- Oak Tree Permits -- $1,054.00 without a public hearing; $7,407.00 where a public hearing is required pursuant to Section 22.56.2160; in addition to the deposit required in subsection B of this section.

-- One-Stop Counseling -- $322.00 (which amount shall be applied to projects filed within one year of the one-stop counseling).
-- Parking Permits -- $8,461.00.

-- Plan Amendment Requests -- $3,000.00 minimum initial deposit from which actual planning costs shall be billed and deducted, and any supplemental fees and deposits as required by subsection C of this section.
-- Rebuild Letters -- Small Additions-- $96.00.

-- Rehearing Fee -- $972.00, which fee may be charged when a case is rescheduled for public hearing after being taken off the agenda as a result of the applicant's request or non-compliance with applicable requirements. However, if said rehearing is scheduled concurrently with the rehearing of any other application or petition required by this Title 22, for the same or substantially the same property, only one rehearing fee shall apply.
-- Review and Recordation of Highway Realignment -- $5,058.00.

-- Revised Exhibit "A" (modification to previously approved permit): residential, maximum ten lots per application; commercial, industrial -- $1,413.00.

-- Revised Exhibit "A," Fire Department Referral--a fee in the amount specified in Title 32, Section 328, of this code to be applied to the Fire Department, when the Department of Regional Planning determines that a revised Exhibit A is to be referred to the Fire Department for review.
-- Shared Water Wells -- $1,416.00.
-- Site Plan Review, Amendment -- $488.00.
-- Site Plan Review, Discretionary -- $1,081.00.
-- Site Plan Review, Discretionary, Residential Infill -- $1,184.00.

-- Site Plan Review, Discretionary, Transit Oriented Districts, Minor Variation -- $1,442.00.
-- Site Plan Review, Discretionary, Yard modification -- $1,287.00.

-- Site Plan Review, Ministerial, Coastal Areas (Approval in Concept) -- $1,184.00.

-- Site Plan Review, Ministerial, Coastal Areas (Approval in Concept Amendment) -- $488.00.

-- Site Plan Review, Ministerial, Child Care Facilities -- $377.00, except that a reduced fee of $196.00 shall be imposed where the applicant is a nonprofit organization having an annual operating budget of less than $500,000.00. As used herein, "nonprofit organization" means an organization formed under the Nonprofit Public Benefit Corporation Law (Corporations Code section 5110 et seq.) and as described in section 501(c) of the Internal Revenue Code of 1986; provided, however that a corporation or any body organized for the private gain of any person, or for which any part of the net earnings inures to the benefit of any private shareholder or individual is not a nonprofit organization as used herein.

-- Site Plan Review, Ministerial, Existing Commercial and Industrial Sites -- $758.00 where site plan has less than 5,000 square feet of gross floor area, or three or fewer units; $979.00 where site plan has 5,000 or more square feet of gross floor area or more than three units.

-- Site Plan Review, Ministerial, Large Family Child Care Homes -- $196.00.

-- Site Plan Review, Ministerial, New Commercial and Industrial Sites -- $758.00 where site plan has less than 5,000 square feet of gross floor area -- $1,338.00 where site plan has 5,000 or more square feet of gross floor area.

— Site Plan Review, Fire Department Referral--a fee in the amount specified in Title 32, Section 328, of this code to be applied to the Fire Department, when the Department of Regional Planning determines that a site plan is to be referred to the Fire Department for review.

-- Site Plan Review, Ministerial, On-Site Business Sign Plans -- $824.00, except that a reduced fee of $534.00 shall be imposed where the applicant is a nonprofit organization having an annual operating budget of less than $500,000.00. As used herein, "nonprofit organization" means an organization formed under the Nonprofit Public Benefit Corporation Law (Corporations Code section 5110 et seq.) and as described in section 501(c) of the Internal Revenue Code of 1986; provided, however, that a corporation or any body organized for the private gain of any person, or for which any part of the net earnings inures to the benefit of any private shareholder or individual is not a nonprofit organization as used herein.

-- Site Plan Review, Ministerial, Residential Site Plans in Hillside Areas -- $979.00.

-- Site Plan Review, Ministerial, Residential Site Plans, not included anywhere else -- $758.00.

-- Site Plan Review, Ministerial, Special Districts including CSD’s, ESHA, SERA, etc., except Transit Oriented Districts -- $927.00.

-- Site Plan Review, Ministerial, Transit Oriented Districts -- $189.00.

-- Site Plan Review, Parks and Recreation Referral -- $214.00, to be applied to the Department of Parks and Recreation, when the Department of Regional Planning determines that a site plan is to be referred to the Department of Parks and Recreation for review.

-- Site Plan Review, Time Extension -- $256.00.

-- Specific Plans--$3,000.00 minimum initial deposit, from which actual planning costs shall be billed and deducted, and any supplemental fees and deposits as required in subsection C of this section.

-- Specific Plans Substantial Conformance Review -- $2,964.00.

-- Surface Mining Permits and/or Reclamation Plans--$5,000.00 initial minimum initial deposit, from which actual planning costs shall be billed and deducted, and any supplement fees and deposits are required in subsection C of this section.

-- Temporary Use Permits--$196.00, except that when a public hearing is requested as specified in Section 22.56.1885, an additional fee of $2,371.00 shall be paid.
-- Variances -- $8,461.00.

-- Variances, Time Extension -- $1,118.00. However, if said time extension is requested concurrently with a time-extension request for any other application, petition, or tentative map, required by this Title 22, or by Title 21 of this code, for the same or substantially the same property, only one time-extension fee shall apply.

-- Zoning Conformance Review, Ministerial -- $463.00.

-- Zoning Verification Letter -- $142.00.

-- The fees in subsection A of Section 22.60.100 shall be reviewed annually by the County of Los Angeles Auditor-Controller. Beginning on January 1, 1991, and thereafter on each succeeding January 1, the amount of each fee in this section shall be adjusted as follows: Calculate the percentage movement in the Consumer Price Index for Los Angeles during the preceding January through December period, adjust each fee by said percentage amount and round off to the nearest dollar. However, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services.
B. In addition to the required filing fees in subsection A of this section, the applicant shall pay to the Fire Department the fees and deposits for oak tree inspections and report reviews as required in Title 32, Section 328, of this code.
1. Repealed.
2. Conditional Use Permits for Land Reclamation Projects. In addition to the required filing fee in subsection A of this section, where the land reclamation project involves a new or expanded Class III landfill the applicant shall pay an additional deposit fee equal to the amount of the initial fee for each additional 20,000,000 cubic yards of capacity, or fraction thereof, in excess of the first 20,000,000 cubic yards of capacity.
3. Housing Permit Evaluation Fee.
a. The applicant shall pay directly to the Community Development Commission ("CDC") an initial deposit of $750 from which actual costs shall be billed and deducted.
i. If during the evaluation process, actual costs incurred reach 80 percent of the amount on deposit, the applicant shall be notified by the CDC and be required to submit a minimum supplemental deposit in the amount of $500 directly to the CDC. There is no limit to the number of supplemental deposits that may be required to be submitted to the CDC prior to the completion or withdrawal of the housing permit.
ii. If an initial or supplemental deposit is not received by the CDC within 30 days of notification that such deposit is due and payable, all work shall be discontinued until such deposit is received.
iii. At the sole discretion of the applicant, the amount of an initial or supplemental deposit may exceed the minimum amount defined herein, except that at no time shall such initial or supplemental deposit be less than the minimum requirement.
iv. The final housing permit evaluation fee shall be based on actual costs incurred by the CDC.
v. Costs shall be computed on a monthly basis and deducted from the amount on deposit. The housing permit evaluation fee shall be considered final upon completion of the review process, including any appeal process. If final costs do not exceed the amount on deposit, the unused portion of the amount on deposit shall be refunded to the applicant.
vi. Costs shall be computed using actual hours expended by the CDC staff multiplied by the most current applicable hourly rates, approved by the County Auditor-Controller, that are available at the time that costs are assessed.
vii. Cost data used to determine the housing permit evaluation fee shall be maintained by the CDC and made available for public review while work is in progress, and for three years following final action or withdrawal of the application.
4. In addition to any fees or deposits required by this Title 22, the applicant shall be responsible for any fees or deposits that would be required by any other statute or ordinance.
5. The fees in this subsection shall be reviewed annually by the County of Los Angeles Auditor-Controller. Beginning on January 1, 1992, and thereafter on each succeeding January 1, the amount of each fee in this section shall be adjusted as follows: Calculate the percentage movement in the Consumer Price Index for Los Angeles during the preceding January through December period, adjust each fee by said percentage amount and round off to the nearest dollar. However, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services.
C. Deposit Requirements for Selected Planning and Zoning Permits.
1. The applicant shall pay the minimum initial deposit as set forth in subsection A of this Section 22.60.100, from which actual costs shall be billed and deducted, for the purpose of defraying the expense involved in the review of the following planning and zoning permits:
-- Development agreements;
-- Plan amendment requests;

— Specific plans.
2. Supplemental Deposit Requirements. The applicant shall also pay the following supplemental deposits, from which actual costs shall be billed and deducted, when actual costs exceed the amount of the initial deposit:
a. If during the planning and zoning permit review process, actual costs incurred reach 80 percent of the amount on deposit, the applicant shall be notified and required to submit a minimum supplemental deposit up to the amount of the initial deposit. There is no limit to the number of supplemental deposits that may be required prior to completion or withdrawal of the planning and zoning permit review.
b. If the initial or supplemental deposit is not received by the Department of Regional Planning, within 30 days of notification that such deposit is due and payable, all work shall be discontinued until such deposit is received.
c. At the sole discretion of the applicant, the amount of an initial or supplemental deposit may exceed the minimum amounts defined herein, except that at no time shall such initial or supplemental deposit be less than the minimum requirement.
3. Final Fee Determination. The final fee for the zoning permits listed in this subsection C shall be based on actual costs incurred by the Department of Regional Planning to review and process all required zoning permit documentation.
a. Planning costs shall be computed on a monthly basis and deducted from the amount on deposit. The planning and zoning permit fee shall be finalized upon completion of the review process. If final planning costs do not exceed the amount on deposit, the unused portion shall be refunded to the applicant.
b. Should the application be withdrawn, costs to date shall be computed and the unused portion of the amount on deposit shall be refunded to the applicant.
c. Costs shall be computed using actual hours expended by planning staff multiplied by the most current applicable hourly rates, approved by the County Auditor-Controller, that are available at the time that costs are assessed.
d. Cost data used to determine planning and zoning permit fees shall be maintained, by the planning business office, and made available for public review while work is in progress and for three years following final action or withdrawal of the application. (Ord. 2010-0024 § 11, 2010; Ord. 2008-0039 § 10, 2008; Ord. 2008-0035 § 10, 2008; Ord. 2007-0008 § 3, 2007; Ord. 2006-0063 § 26, 2006; Ord. 2005-0055 § 5, 2005: Ord. 2005-0034 § 2, 2005: Ord. 2005-0005 § 1, 2005: Ord. 2004-0030 § 23, 2004; Ord. 2003-0067 § 47, 2003; Ord. 2002-0056 § 6, 2002; Ord. 2002-0043 § 8, 2002; Ord. 2001-0071 § 3, 2001; Ord. 99-0070 § 2, 1999; Ord. 96-0026 § 9, 1996; Ord. 95-0033 §§ 3, 4, 1995; Ord. 93-0036 § 5, 1993: Ord. 92-0099 §§ 4, 5, 1992; Ord. 92-0037 § 8, 1992; Ord. 92-0032 § 18, 1992; Ord. 91-0102 § 2, 1991; Ord. 90-0075 § 1, 1990: Ord. 89-0147 § 3, 1989; Ord. 89-0137 § 2, 1989; Ord. 88-0125 § 4, 1988; Ord. 87-0038 § 5, 1987; Ord. 84-0084 §§ 9, 10, 1984; Ord. 83-0069 § 7, 1983; Ord. 82-0173 § 4, 1982; Ord. 82-0168 § 3, 1982; Ord. 82-0049 §§ 6--9, 1982; Ord. 82-0003 §§ 2, 6 (part), 1982; Ord. 1494 Ch. 6 Art. 2 § 621, 1927.)

*Editor’s note: Fee changes in this section include changes made by the director of planning due to increases in the Consumer Price Index and are effective March 1, 2012.

In those instances where the board of supervisors, by resolution, determines it in the public interest to accept applications or petitions without filing fee, the director shall accept such applications or petitions subject to the requirements specified in said resolution. (Ord. 1494 Ch. 6 Art. 2 § 621.5, 1927.)

If any application or petition is withdrawn as provided in Section 22.60.090, the county shall refund the following fraction of the filing fee:
A. Three-fourths of the fee shall be refunded if the case is withdrawn prior to the preparation and mailing of the notice of completeness.
B. One-half of the fee shall be refunded if the case is withdrawn after the preparation and mailing of the notice of completeness, but prior to publication of the notice of hearing or prior to ex parte action by the hearing officer.
C. There shall be no refund of any portion of the fee after the notice of hearing has been published or after ex parte action has been taken by the hearing officer. (Ord. 91-0101 § 12, 1991: Ord. 85-0195 § 15 (part), 1985; Ord. 1494 Ch. 6 Art. 2 § 622, 1927.)

The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate. (Ord. 1494 Ch. 6 Art. 2 § 623, 1927.)

A. Nonprofit organization.
1. Any nonprofit organization shall be exempt, as set forth in this section, from the payment of planning and zoning fees or deposits for dwelling units it constructs which are for lower income and/or very-low income households.
2. To be eligible for this exemption, the nonprofit organization shall present a certificate issued by the community development commission that such dwelling units qualify as housing for lower income or very-low income households and that the nonprofit organization is receiving a subsidy from Community Development Block Grant Funds or other public funding sources. This exemption shall not be granted when the subject dwelling units for lower and/or very-low income households are being constructed as a condition of approval by any other agency.
3. “Nonprofit organization” is a corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California (Corporations Code section 5120 et seq.) and which qualifies under section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law as an exempt organization. A corporation or body organized for the private gain of any person shall not be deemed to be a nonprofit organization.
B. For-profit developer. A for-profit developer that requests a density bonus, as described in Part 17 of Chapter 22.52, shall be exempt, as set forth in this section, from the payment of planning and zoning fees or deposits, if it constructs 100 percent of the project’s dwelling units for lower income and/or very-low income households, and requests the exemption as an on-menu incentive, as described in Section 22.52.1840(B). The exemption shall not include CDC evaluation and monitoring fees or deposits required by Section 22.60.100.
C. “Planning and zoning fee or deposit” shall include planning and zoning permit fees and deposits required by Section 22.60.100 of the Los Angeles County Code. (Ord. 2006-0063 § 27, 2006; Ord. 91-0101 § 13, 1991.)

When one or more conditions are attached to any grant, modification or appeal of a zone change, permit, variance or nonconforming use or structure review, the hearing officer or board of supervisors may require the owners of the property to which such zone change, permit, variance or nonconforming use or structure review applies, to file a surety bond or corporate surety bond, or to deposit money, savings and loan certificates or shares with the board of supervisors in a prescribed amount for the purpose of guaranteeing the faithful performance of said conditions. (Ord. 85-0195 § 15 (part), 1985; Ord. 1494 Ch. 6 Art. 5 § 651, 1927.)

Where savings and loan certificates or shares are deposited, they shall be assigned to the county subject to all of the County Administrative Code provisions set out in Chapter 4.36 of this code. (Ord. 1494 Ch. 6 Art. 5 § 652, 1927.)

The hearing officer or board of supervisors may also require the owners of the property to which such zone change, permit, variance or nonconforming use or structure review applies to file a policy of insurance equal in amount to the amount of the required bond or deposit, insuring all persons against any injury or annoyance arising from the breach of such conditions unless:
A. If the bond is filed, it includes as obligees all such persons; or
B. If money, savings and loan certificates or shares are deposited, such owners also file an agreement in writing with the executive officer--clerk of the board of supervisors that the county may satisfy in whole or in part from such deposit any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance. (Ord. 85-0195 § 15 (part), 1985; Ord. 1494 Ch. 6 Art. 5 § 653, 1927.)

Hearings on permits, variances, or nonconforming use or structure review may be initiated:
A. If the board of supervisors instructs the director, hearing officer, or commission to set the matter for a public hearing in the case of a conditional use permit, (animal permit), variance, or nonconforming use or structure review; or
B. Upon the initiative of the commission in the case of a conditional use permit, (animal permit), variance, or nonconforming use or structure review; or
C. Upon the filing of an application. (Ord. 2008-0043 § 18, 2008; Ord. 85-0195 § 10 (part), 1985; Ord. 85-0009 § 15 (part), 1985; Ord. 1494 Ch. 5 Art. 7 § 507.1, 1927.)

A. When a verified application is filed or a hearing is initiated for a permit, variance, zone change or amendment, land division, or plan amendment and a hearing is required by Title 21 or this Title 22, the Hearing Examiner may first hold a public hearing on all projects subject to a hearing before the Commission except on appeals and calls for review of projects decided by the Hearing Officer.
B. The Director shall determine which matters first go to the Hearing Examiner before being heard by the Commission.
C. One or more of the following factors will ordinarily indicate to the Director that an initial hearing before the Hearing Examiner should be held:
1. The proposed project requires the preparation of an Environmental Impact Report;
2. The proposed project involves the preparation or update of a community or area wide plan or a major amendment to the zoning or subdivision ordinances;
3. The proposed project is likely to evoke significant public controversy;
4. The proposed project involves the construction of 50 or more residential units or 50,000 square feet or more of commercial or industrial floor area;
5. The proposed project will be processed as a major project pursuant to the provisions of Title 22, Chapter 22.70, the “Major Projects Review Trust Funds” provisions of this Title 22;
6. The proposed project includes a subdivision, general plan amendment, or zone change;
7. The proposed site of the proposed project is in a location in the County that is remote from downtown Los Angeles; and
8. Any other aspects of a proposed project that indicate to the Director that a Hearing Examiner hearing would be appropriate. (Ord. 2011-0035 § 1, 2011: Ord. 2008-0043 § 19, 2008.)

Upon the filing of an application accompanied by the required fee and/or deposit, or other initiation pursuant to this Chapter 22.60, the director shall fix a time and place for a public hearing as required by this Title 22. (Ord. 85-0009 § 15 (part), 1985; Ord. 1494 Ch. 5 Art. 7 § 507.2, 1927.)

Unless otherwise specified by this Title 22, no less than 30 days prior to the date of any hearing, the director shall:
A. Cause a copy of a notice of the time and place of such hearing to be published as follows:
1. Hearings on general amendments to the Zoning Ordinance shall be published once in a newspaper of general circulation in the county of Los Angeles.
2. Hearings on permits, variances, nonconforming uses or structure review, development agreements or zone changes shall be published once in a newspaper of general circulation in the county of Los Angeles available in the community in which the permit, variance or agreement is proposed to be established; except that surface mining permits for mining operations described in Part 9 of Chapter 22.56 shall be published in two newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of such paper, the first publication in either case appearing not less than 20 days before the date of the hearing;
B. Cause a notice to be mailed by first class mail, postage prepaid to:
1. The applicant and all persons listed in the application or petition as owners of the property under consideration, and
2. All persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant, and
3. Such other persons whose property might in his judgment be affected by such application or permit, and
4. Any person who has filed a written request therefor with the director. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The director may establish a reasonable fee for persons on such list;
C. Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the director, might be interested, requesting a report thereon;
D. If for a revocation, also serve upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing, either in the manner required by law for the service of summons, or by registered mail, postage prepaid;
E. The director may, as an alternative to the mailed notice required by subsections B1 and B2 of this section, provide an advertised notice in the time and manner specified in the Government Code when authorized by the Government Code. (Ord. 92-0096 § 5, 1992; Ord. 85-0195 § 47, 1985; Ord. 85-0009 § 14 (part) and (19), 1985; Ord. 84-0042 § 1, 1984; Ord. 82-0173 § 2, 1982; Ord. 1494 Ch. 6 Art. 3 § 631, 1927.)

Not less than 30 days prior to a public hearing scheduled pursuant to this Title 22, the affected applicant shall post sign(s) according to the following specifications:
A. Size. Dimension of sign(s) shall be two feet in width and three feet in length;
B. Height. Sign(s) shall be placed not less than four feet above ground level;
C. Materials. Sign(s) shall be cardboard with a plywood backing. Except for sign(s) located within structures, sign(s) shall be affixed to (a) wooden stake(s);
D. Location. One sign shall be located on each public road frontage adjoining the proposed project, legible and accessible by foot from said public road(s). If the subject property is not visible from an existing public road, the signposting requirement may be waived by the director;
E. Colors. Black letters on white background;
F. Content and Lettering. Major block-style letters three inches in height shall state: “NOTICE OF HEARING.” Minor letters one and one-half inches in height shall specify the case number and the phone number to be called for information. A notice of hearing the same as that specified by subsection A.2 of Section 22.60.174 indicating the time, date, and location of the public hearing, the case number, a telephone number which may be called for information about the proposal, a description of the proposal, and a map showing the boundaries of the subject property in relation to the adjoining public roads, shall be securely affixed to the sign;
G. Additional Requirements. Notwithstanding the specifications provided in subsections A, B, C, and F, above, the director may at his discretion require any sign(s) to be larger and/or constructed of stronger materials to improve visibility and legibility at the posted location(s);
H. Verification. At the time of the public hearing the applicant shall provide the director with a photograph showing the sign(s) erected on the subject property. The applicant shall also sign an affidavit stating that the sign(s) have been placed on the subject property in conformity with the provisions of this section;
I. Removal of Sign(s). The sign(s) shall be removed from the subject property within one week following the public hearing; and
J. Applicability. These provisions shall not apply to public hearings on matters initiated by the Board of Supervisors or the Regional Planning Commission; however, the director may, in his discretion, cause signs for such public hearings to be posted at locations he deems appropriate. (Ord. 2006-0006 § 1, 2006: Ord. 2001-0044 § 1, 2001: Ord. 92-0096 § 6, 1992.)

When a verified application is filed for a permit or variance and a hearing is required by Title 21 or this Title 22, the hearing officer shall hold such hearing unless the hearing examiner and/or commission conduct hearings pursuant to Section 22.60.171. (Ord. 2008-0043 § 20, 2008: Ord. 85-0195 § 48, 1985; Ord. 85-0009 § 15 (part), 1985; Ord. 1494 Ch. 5 Art. 7 § 507.4, 1927.)

If for any reason the testimony on any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may, before adjournment or recess, publicly announce the time and place at which said hearing will be continued, and no further notice thereof shall be required. (Ord. 85-0009 § 14 (part), 1985; Ord. 1494 Ch. 6 Art 3 § 632, 1927.)

The hearing officer, commission, or board of supervisors shall serve notice of its action upon:
A. The applicant for a permit, variance, nonconforming use or structure review, development agreement or zone change, or the person owning and/or operating a use for which the revocation of a permit, variance or nonconforming use or structure is under consideration as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
B. The following persons by first class mail, postage prepaid:
1. All protestants testifying or speaking at the public hearing;
2. All persons testifying or speaking in favor of the proposal at a public hearing;
3. Any other persons testifying or speaking at a public hearing.
C. In matters for which a hearing examiner has conducted a public hearing, the hearing examiner shall mail notice of the date, time, and place for the commission public hearing on the project, a synopsis of the hearing examiner’s public hearing, and the written recommendation to the commission to persons identified in subsections A and B. The commission’s public hearing in such matters shall also be preceded by timely and complete notice in accordance with sections 22.60.174 and 22.60.175. (Ord. 2008-0043 § 21, 2008; Ord. 85-0195 § 49, 1985; Ord. 82-0173 § 3, 1982; Ord. 1494 Ch. 6 Art. 3 § 633,1927.)

A. Appeals. To avoid results inconsistent with the purposes of this Title 22, unless otherwise specified or limited by specific provisions of this title, decisions of the director or hearing officer may be appealed to the commission; and decisions of the commission may be appealed to the board of supervisors.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this Title 22, decisions of the hearing officer may be called up for review by the commission; and decisions of the commission may be called up for review by the board of supervisors, unless otherwise specifically stated regarding a specific permit or review. (Ord. 2008-0026 § 27, 2008: Ord. 2001-0070 § 3, 2001: Ord. 88-0020 § 8, 1988; Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

Unless otherwise specified or limited by specific provisions of Title 22, any interested person dissatisfied with the action of the director, hearing officer, or the commission may file an appeal from such action. (Ord. 2008-0026 § 28, 2008: Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

Appeals of decisions and calls for review shall be initiated prior to the effective date of the decision. However if the deadline for initiation of an appeal or call for review falls on a non-business day for the relevant appellate body, then the deadline for an appeal or call for review is extended to the next business day and the effective date of the decision shall be the following day. (Ord. 2008-0026 § 29, 2008: Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

A. Appeals.
1. Filing. An appeal shall be filed with the secretary or clerk of the designated appellate body on the prescribed form, along with any accompanying appeal fee, and shall state specifically wherein a determination or interpretation is not in accord with the purposes of this Title 22; wherein it is claimed that there was an error or abuse of discretion; wherein the record includes inaccurate information; or wherein a decision is not supported by the record.
2. Information Required. An appeal shall contain the following information:
a. The administrative file number (case number) identifying the matter which is being appealed; and
b. The street address of the premises included in the action being appealed or if no street address, the legal description of the premises; and
c. Whether the appeal is:
i. An appeal of the denial of such application; or
ii. An appeal of the approval of such application; or
iii. An appeal of a condition or conditions of an approval (specifying the particular condition or conditions); and
d. Any other information that is requested on the appellate body’s appeal form.
3. Appeal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the appellate body fails to act, or affirms the decision in its action.
4. Fee for Appeals.
a. Processing Fee for Appeals to the Board.
i. Applicant Appeal of Decision. Upon filing an appeal with the Board of Supervisors, the appellant shall concurrently submit a processing fee in the amount of $7,008.00 to cover the cost incurred by the Department of Regional Planning for the appeal. Only one appeal fee shall be charged for the appeal of any related concurrently acted upon entitlements under this Title 22, which concerns, in whole or in part, the same project. Notwithstanding the provisions of subsection A of Section 21.56.010 of Title 21, when an appeal of a decision made under this Title 22 is filed with an appeal of any tentative map, parcel map, or request for waiver concurrently acted upon under Title 21 which concerns, in whole or in part, the same project, only the appeal set forth in Section 21.56.020 must be paid for all such appeals.
ii. Applicant Appeal of Condition(s). If the appellant files an appeal of no more than a total of two conditions of the approved discretionary permit or tentative map, parcel map, or request for waiver or other entitlement concurrently acted upon under Title 21 which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee in the amount of $817.00 to be applied to the Department of Regional Planning to cover the costs of the appeal.
iii. Non-applicant Appeal. If the appellant is not the applicant or subdivider, or any representative thereof, of an approved discretionary permit, map, or waiver or associated entitlement, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee in the amount of $817.00 to be applied to the Department of Regional Planning to cover the costs of the appeal.
b. Processing Fee for Appeals to the Commission.
i. Applicant Appeal of Decision. Upon filing an appeal with the Commission, the appellant shall pay a processing fee in the amount of $5,748.00 to be applied in its entirety to the Department of Regional Planning; provided, however, that when an appeal is filed from a Director's Review of a large family child care home, the amount of the processing fee shall be $351.00.
ii. Applicants Appeal of Condition(s). If the appellant files an appeal of no more than a total of two conditions on the approved discretionary permit, tentative map, parcel map, or request for waiver or other entitlement concurrently acted upon under Title 21 which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee in the amount of $713.00, to be applied in its entirety to the Department of Regional Planning.
iii. Non-applicant Appeal. If the appellant is not the applicant or subdivider, or any representative thereof, of an approved discretionary permit, map or waiver or associated entitlement, the appellant shall pay a processing fee in the amount of $713.00, to be applied in its entirety to the Department of Regional Planning.
c. The fees included in this subsection shall be reviewed annually by the County of Los Angeles Auditor-Controller. Beginning on January 1, 1992, and thereafter on each succeeding January 1, the amount of each fee in this section shall be adjusted as follows: Calculate the percentage movement in the Consumer Price Index for Los Angeles during the preceding January through December period, adjust each fee by said percentage amount and round off to the nearest dollar. However, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services.
5. Exception to Fees. When the appellant is not the applicant, the preceding prescribed fees for appeals shall be reduced by 50 percent, except that this reduction shall not apply to the processing fee for an appeal from a director’s review of a large family child care home, as prescribed in subsection 4.b of this section.
B. Calls for Review.
1. A call for review may be initiated by the affirmative vote of the majority of the members present of the designated review body. A call for review by a designated review body shall be made prior to the effective date of the decision being reviewed. No fee shall be required.
2. When the commission makes a recommendation to the Board of Supervisors on a general plan or specific plan amendment, zone change, development agreement or other legislative action, any concurrent decision by the commission on a permit, variance, nonconforming use or structure review or other nonlegislative land use application concerning, in whole or in part, the same lot or parcel of land shall be deemed to be timely called up for review by the Board of Supervisors. (Ord. 2010-0024 § 12, 2010; Ord. 2008-0026 § 30, 2008; Ord. 2005-0034 § 4, 2005; Ord. 2004-0030 §§ 24, 25, 2004; Ord. 2001-0070 § 4, 2001; Ord. 96-0026 § 10, 1996: Ord. 91-0101 § 14, 1991; Ord. 89-0147 § 4, 1989; Ord. 88-0020 § 9, 1988; Ord. 87-0039 § 2 (part), 1987: Ord. 86-0028 § 23, 1986: Ord. 85-0195 § 7 (part), 1985.)

*Editor’s note: Fee changes in this section include changes made by the director of planning due to increases in the Consumer Price Index and are effective March 1, 2012.

A. Hearing Dates. The appellate body may delegate the setting of hearing dates to its secretary or clerk.
B. Notice and Public Hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing. A public hearing on an appeal from an action of the director or a hearing officer is not subject to the hearing examiner procedure. The appellate body shall consider the matter directly at its public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or reviewed.
C. Plans and Materials. At an appeal or review hearing, the appellate body shall consider only the same application, plans and materials that were the subject of the original decision. Compliance with this provision shall be verified prior to or during the hearing by a representative of the person or body that made the original decision. If new plans and materials which differ substantially from the original are submitted, the applicant must file a new application. Changes to the original submittal made to meet objections by the staff, the decision-maker or the opposition below need not be the subject of a new application. Nothing herein shall prevent the appellate body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.
D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, the party or body whose decision is being appealed or reviewed, and any other interested party.
E. Decision and Notice. After the hearing, the appellate body shall affirm, modify, or reverse the original decision or refer the matter back for further review. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. Decisions on appeals or reviews shall be rendered within 30 days of the close of the hearing. The secretary or clerk of the appellate body shall mail notice of the decision within five working days after the date of the decision to the applicant, the appellant and any other persons required to be notified pursuant to Section 22.60.190.
F. Failure to Act. If the appellate body fails to act upon an appeal within the time limits prescribed in subsection E of this section, the decision from which the appeal was taken shall be deemed affirmed. (Ord. 2008-0043 § 22, 2008; Ord. 2008-0026 § 31, 2008; Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

Notwithstanding the foregoing procedures, upon receiving an appeal or initiating a call for review, the board of supervisors may take one of the following additional actions:
1. Affirm the action of the commission; or
2. Refer the matter back to the commission for further proceedings with or without instructions; or
3. Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. In such case, the board of supervisors’ decision need not be limited to the points appealed, and may cover all phases of the matter, including the addition or deletion of any conditions. (Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

Unless otherwise specified in Chapter 22.56, the following effective dates shall apply to all land use permits and variances issued pursuant to Title 22:
A. Except as set forth in subsection B, below, the decision of the director, hearing officer, or the commission shall be effective on the 15th calendar day following the date of the decision, except and unless the decision is timely appealed or called up for review, where available. To be timely, an appeal or call for review must be initiated on or before the 14th calendar day following the date of the decision unless said 14th day falls on a non-business day of the applicable appellate body, in which case, the appeal deadline shall be extended to the next business day and the effective date of the decision shall be the following day.
B. In all cases in which a project has received permits issued concurrently pursuant to both this Title 22 and Title 21 -- Subdivisions, the decision shall become effective on the first calendar day after expiration of the time limit established by section 66452.5 of the Government Code as set forth in Section 21.56.010 of Title 21.
C. Where an appeal to or call for review by the board of supervisors is filed relating to any land use permit or variance, the date of decision by the board of supervisors of such appeal or review shall be deemed the date of grant in determining an expiration date. (Ord. 2008-0026 § 32, 2008: Ord. 2001-0070 § 5, 2001: Ord. 87-0039 § 2 (part), 1987: Ord. 85-0195 § 7 (part), 1985.)

This Part 6 establishes procedures for enforcement of the provisions of Title 22. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of Title 22. (Ord. 85-0191 § 2 (part), 1985.)

A. No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Title 22.
B. No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this Title 22.
C. No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this Title 22. (Ord. 85-0191 § 2 (part), 1985.)

A. Every person violating any condition or provision either of this Title 22, or of any permit, nonconforming use and structure review, zoning exception case, variance or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in Section 22.60.360. Each violation is a separate offense for each and every day during any portion of which the violation is committed.
B. Each violation determined to be an infraction by this title shall be punishable by a fine of $100.00 for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of $200.00 for the second violation and $500.00 for the third violation in a 12-month period as provided by applicable law. The fourth and any further violations of the same provision of this title which are committed at any time within a 12-month period from the date of the commission of the first violation shall be deemed misdemeanors, regardless of the dates of conviction of the first three violations. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together. The increased penalties set forth in this section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom. (Ord. 94-0058 § 2, 1994: Ord. 85-0191 § 2 (part), 1985.)

Any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the county may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this title. (Ord. 85-0191 § 2 (part), 1985.)

Violations of the provisions contained in the following list are deemed infractions:
-- Automobile, truck or other motor vehicle repair conducted outside of an enclosed building.
-- Commercial vehicles weighing more than 6,000 pounds unladen where parked or stored in violation of Section 22.16.020.
-- Inoperative vehicle parking or storage.
-- Keeping or parking of vehicles in violation of Section 22.20.025 or Section 22.24.035.
-- Outside display and/or sales, except when authorized by and in accordance with a temporary use permit.
-- Signs prohibited by Sections 22.52.850 and 22.52.990.
(Ord. 99-0071 § 14, 1999: Ord. 91-0065 § 8, 1991: Ord. 85-0191 § 2 (part), 1985.)

The provisions of this Title may also be enforced by injunction issued by any court having jurisdiction upon the suit of the owner or occupant of any real property affected by such violation or prospective violation. (Ord. 85-0191 § 2 (part), 1985.)

The planning director, or any representative thereof designated by the director, is hereby authorized to arrest any person without a warrant whenever the director, or his representative, has reasonable cause to believe that the person to be arrested has committed a violation of this title in his presence. (Ord. 85-0191 § 2 (part), 1985.)

A. Final Zoning Enforcement Order.
1. In the course of enforcing any provision of this title, the Planning Director shall have the authority to issue a final zoning enforcement order concerning any property not in compliance with the provisions of this title. Such order shall state, in not less than 14 point type in substantially the following form, that "Failure of the owner or person in charge of the premises to comply with this order within fifteen (15) days after the compliance date specified herein, or any written extension thereof, shall subject the violator to a noncompliance fee in the amount of $691.00, unless an appeal from this order is filed within fifteen (15) days after the compliance date. Such appeal must comply with Section 22.60.390 C of the Los Angeles County Code." The director’s issuance of a final zoning enforcement order shall be final unless an appeal from the order has been filed as provided in this section.
2. Service of a final zoning enforcement order shall be upon (a) the person in real or apparent charge and control of the premises involved, (b) the record owner, (c) the owner or holder of any lease of record, or (d) the record owner of any interest in or to the land or any building or structure located thereon. Service shall be by personal delivery or by registered or certified mail, return receipt requested, at the director’s election. In the event the director, after reasonable effort, is unable to serve the order as specified above, proper service shall be by posting a copy of the order on the premises. The date of service is deemed to be the date of mailing, personal delivery or posting, as applicable.
B. Noncompliance Fee.
1. If a final zoning enforcement order has not been complied with within 15 days following the compliance date specified in the order, or any written extension thereof, and no appeal of such order has been timely filed as provided in this section, the director shall have the authority to impose and collect a noncompliance fee in the amount of $691.00. The fee shall be subject to annual review and adjustment as provided in Section 22.60.100.
2. The purpose of the noncompliance fee is to recover costs of zoning enforcement inspections and other efforts by the director to secure substantial compliance with a zoning enforcement order. Not more than one such fee shall be collected for failure to comply with a zoning enforcement order. The noncompliance fee shall be in addition to any other fees required by the county code.
3. The determination of the director to impose and collect a zoning noncompliance fee shall be final, and it shall not be subject to further administrative appeal.
C. Appeal of Final Zoning Enforcement Order.
1. Any person upon whom a final zoning enforcement order has been served may appeal the order to the hearing officer within the time specified in subsection A of this section above. Such appeal shall contain any written evidence that the appellant wishes to be considered in connection with the appeal. If applicable, the appeal shall state that said person has applied for the appropriate permit or other administrative approval pursuant to this title.
2. The hearing officer shall consider such appeal within 45 days from the date that the appeal is filed and shall notify the appellant of the decision within a reasonable period of time thereafter in the manner described in this section for service of a final zoning enforcement order. The hearing officer may sustain, rescind or modify the final zoning enforcement order. The decision of the hearing officer shall be final and effective on the date of decision, and it shall not be subject to further administrative appeal.
D. Imposition and Collection of the Noncompliance Fee.
1. The director shall notify the person against whom a noncompliance fee is imposed in the manner described in this section for service of a final zoning enforcement order. The director may waive the imposition and collection of a noncompliance fee where the director determines such waiver to be in the public interest.
2. The person against whom the noncompliance fee is imposed shall remit the fee to the director within 15 days after the date of service of said notice.
E. Penalty After Second Notice of Noncompliance Fee. If the person against whom a noncompliance fee has been imposed fails to pay such fee within 15 days of notification as provided above, the director may send a second notice of noncompliance fee in the manner described in this section for service of a final zoning enforcement order. If the fee has not been paid within 15 days after the date of service of the second notice of noncompliance fee, the County shall withhold the issuance of a building permit or other approval to such person until the noncompliance fee has been paid in full. An administrative penalty assessment equal to two times the noncompliance fee and a collection fee equal to 50 percent of the noncompliance fee shall also be imposed if the fee is not paid within 15 days after the date of service of the second notice. The administrative penalty assessment and collection fee, after notice, shall become part of the debt immediately due and owing to the County. The County thereafter shall have the right to institute legal action in any court of competent jurisdiction to collect the amount of the noncompliance fee, administrative penalty assessment and collection fee. In any suit brought by the County to enforce and collect the noncompliance fee, administrative penalty assessment and collection fee, the County shall be entitled to collect all costs and fees incurred in such proceedings. (Ord. 99-0051 § 2, 1999.)

*Editor’s note: Fee changes in this section include changes made by the director of planning due to increases in the Consumer Price Index and are effective March 1, 2012.