Los Angeles Municipal Code

SEC. 91.105. APPEALS.

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 LAMC Section 98.0403.2. Appeals to the commission shall be accompanied by a filing fee as set forth in Table 4-A of Division 4, Article 8, Chapter IX of the LAMC. 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. 91.105.5.5.2. Decision. The decision upon an appeal shall be concurred in 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 the applicant, the appellant and the Department of Building and Safety. 91.105.5.5.3. 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. 91.105.5.5.4. 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. 91.105.5.5.5. 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.