A project on Silver Lake Boulevard in which a building was significantly altered has been cited as motivation for stronger penalties for unpermitted remodeling and additions. (photo by Edwin Folven)

The Los Angeles City Council is moving forward with plans to potentially increase fines for unpermitted construction such as remodeling projects and additions.

Councilman Mitch O’Farrell, 13th District, authored a motion that seeks to examine current fees for violations, based on negative impacts such projects can have on neighborhoods. In his motion, O’Farrell asserted that the monetary penalties for violations are not a sufficient economic deterrent to prevent unpermitted projects. He added that some developers and property owners appear to regard the penalties for violations as “a cost of doing business.”

“Unpermitted remodels, additions and demolitions unnecessarily expose workers and those near the site to immediate and long term hazards, create inconveniences to residents, and often cause harm to the character of a neighborhood,” O’Farrell said. “I will pursue all options available to prevent this type of illegal activity in our communities.”

The council’s Planning and Land Use Management committee previously approved the motion and, with City Council approval on July 31, the city will work with the Los Angeles Department of Building and Safety, city attorney and city administrative officer to examine the fees and determine how to proceed. The monetary amount for potential increases has not been identified.

Los Angeles Department of Building and Safety spokesman Kim Arther said LADBS’s Code Enforcement Bureau is tasked with investigating unpermitted projects. They are primarily investigated when complaints are filed with the department.

If a project is determined to be in violation of permits, an order to comply is issued and the person or entity named on a permit must pay a minimum code violation fee of $356.16. That fee can increase to $1,246 if the code violation fee is not paid within 30 days.

Additionally, if compliance with permits does not occur within 15 days, an additional $660 non-compliance fee can be assessed. If that amount is not paid in 30 days, late penalties can rise to $2,310. If non-compliance continues and fees are not paid, the cases are referred to the city attorney’s office for potential criminal charges.

The overall extent of the problem involving unpermitted projects is unknown, but the problem likely occurs throughout the city. One example that led O’Farrell to call for stiffer penalties was a project on Silver Lake Boulevard, in which the new owner of a building dramatically altered the exterior beyond what permits allowed. Local neighborhood representatives said the problem is widespread.

“It has been happening all too frequently,” said Anastasia Mann, president of the Hollywood Hills West Neighborhood Council. “We had a situation in Hollywood Heights where a gentleman purchased a residence and destroyed a staircase. It was a big to-do. We definitely hear about these things. We haven’t taken a position [on O’Farrell’s motion], but surely our community would support it. Definitely, I think there should be more severe penalties.”

Scott Epstein, chair of the Mid City West Community Council, said the council hasn’t addressed the issue, but it is something he personally supports.

“People should follow the rules. I think if property owners are willingly making additions and purposely circumventing the law, then the current enforcement regime doesn’t have teeth,” he added. “I imagine it happens with all different types of properties.”

The Los Angeles City Council will review the issue once a report on potential changes to fees has been created.