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10250 Constellation Blvd. 19th Floor Los Angeles, CA 90067 310.553.3000 TEL 310.556.2920 FAX 1449077.3 February 8, 2018 VIA EMAIL AND U.S. MAIL Los Angeles City Council Office of the City Clerk 200 N. Spring Street, Room 395 Los Angeles, California 90012 Attn: Clerk of the Council Re: 7769 West Melrose Avenue Non-compliance & Inspection Fee Lien Council File 17-0160-S714 Honorable City Council: This law firm represents Rossetto Investments LLC (the “property owner”) for the above-referenced Council File. Please be advised that the property owner protests the imposition of any fees, penalties, interest, or surcharges in this matter. The Order to Comply (Order # A-3746899, the “Order”) issued by the Department of Building and Safety (the “Department”) on April 18, 2015 was issued in error and a timely appeal was filed by the property owner on March 21, 2016, after discussions and extensions granted by the inspector. A copy of the filed appeal is attached. Los Angeles Municipal Code section 98.0402 provides that the Department may not impose a noncompliance fee until a final appeal determination upholding or modifying the underlying Department order has been made. To date, the March 21, 2016 appeal has not been resolved and there is no final determination. Therefore, the fees and penalties cannot be imposed, and late fees and interest could not accrue. Furthermore, as outlined in the attached appeal, the Order was issued in error as the mural sign which is the subject of the Order has legal nonconforming status. The Department has not made a final determination, communicated with the property owner, nor provided any evidence to rebut the presumption of legal nonconforming rights. Spencer B. Kallick Direct Dial 310.282.6231 Direct Fax 310.785.3531 Email [email protected]

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Page 1: VIA EMAIL AND U.S. MAIL Office of the City Clerk 200 N ...clkrep.lacity.org/onlinedocs/2017/17-0160-S714_misc_2-8-18.pdf · not impose a noncompliance feeuntil a final appeal determination

10250 Constellation Blvd. 19th Floor Los Angeles, CA 90067 310.553.3000 TEL 310.556.2920 FAX

1449077.3

February 8, 2018

VIA EMAIL AND U.S. MAIL Los Angeles City Council Office of the City Clerk 200 N. Spring Street, Room 395 Los Angeles, California 90012 Attn: Clerk of the Council

Re: 7769 West Melrose Avenue

Non-compliance & Inspection Fee Lien Council File 17-0160-S714

Honorable City Council:

This law firm represents Rossetto Investments LLC (the “property owner”) for the above-referenced Council File. Please be advised that the property owner protests the imposition of any fees, penalties, interest, or surcharges in this matter. The Order to Comply (Order # A-3746899, the “Order”) issued by the Department of Building and Safety (the “Department”) on April 18, 2015 was issued in error and a timely appeal was filed by the property owner on March 21, 2016, after discussions and extensions granted by the inspector. A copy of the filed appeal is attached. Los Angeles Municipal Code section 98.0402 provides that the Department may not impose a noncompliance fee until a final appeal determination upholding or modifying the underlying Department order has been made. To date, the March 21, 2016 appeal has not been resolved and there is no final determination. Therefore, the fees and penalties cannot be imposed, and late fees and interest could not accrue.

Furthermore, as outlined in the attached appeal, the Order was issued in error as the mural sign which is the subject of the Order has legal nonconforming status. The Department has not made a final determination, communicated with the property owner, nor provided any evidence to rebut the presumption of legal nonconforming rights.

Spencer B. Kallick Direct Dial 310.282.6231 Direct Fax 310.785.3531 Email [email protected]

Page 2: VIA EMAIL AND U.S. MAIL Office of the City Clerk 200 N ...clkrep.lacity.org/onlinedocs/2017/17-0160-S714_misc_2-8-18.pdf · not impose a noncompliance feeuntil a final appeal determination

Honorable City CouncilFebruary 8, 2018Page 2

Based on the above, our client protests the Department fees and charges andrequests that the City Council withdraw the proposed lien and cancel theDepartment's charges.

Respectfully submitted,

SPENCER B. KALLICKof GLASER WEIL FINK HOWARD AVCHEN ~C SHAPIRO LLP

Enclosures

cc: Clare Bronowski, Glaser Weil LLPHolly Wolcott, City ClerkFrank Bush, LADBS, General ManagerJohn Biezins, LADBS, Chief of Code Enforcement BureauRussell Kelly, LADBS, Principal InspectorDonald Wong, LADBS, Acting Senior Building Mechanical InspectorCharles Kalibbala, LADBS, Accounts Receivable

1449077.3