Briggs v. City of Los Angeles

DORAN, J.

This is a proceeding, brought by way of a petition for writ of review and writ of prohibition, to review the action of the board of police commissioners of the respondent city in suspending for one week petitioner’s police permit to conduct an automobile parking lot at 630 South Hill Street in Los Angeles.

The trial court found against petitioner’s contentions, basing its decision upon conclusions that the board had not proceeded without or in excess of jurisdiction; that petitioner had been accorded a fair hearing; that there was no abuse of discretion, and that section 26.03 of the Los Angeles Municipal Code regulating parking lots where more than eight automobiles are parked, is constitutional.

On April 5, 1955, a complaint was filed with the board of police commissioners seeking to deny appellant’s 1955 application for renewal of the parking lot permit, charging the appellant with having committed many violations of the municipal code. These violations related to the moving of vehicles on and off the lot for maneuvering purposes, and the parking of vehicles in St. Vincent Court, a dead-end street at the rear of the parking lot.

At the hearing there was testimony by police officers in respect to such violations. One officer testified to a conversation with one of appellant’s attendants in which the latter gave as the reason for cars being moved off the lot and out into the street, “We are a little crowded for space.” Appellant Briggs testified that the parking business in question involves a rental of $60,000 per year for a parking lot with a 41-ear capacity, and that the business was operating at a loss of $700 per month.

The hearing officer found that the witnesses were truthful; that there was “conclusive” evidence of 20 violations on one day and 35 violations on another day; and that appellant was familiar with the code sections involved. The board of police commissioners, after hearing oral arguments, suspended appellant’s permit for the space of one week.

[644]

Section 26.03 of the Los Angeles Municipal Code, providing for the control and regulation of automobile parking lots, defines such a lot as any “single parcel of land under single management or control where more than eight motor vehicles are kept, stored or parked within or without a building, for a consideration, at any one time. ’ ’ Certain exemptions not here involved, are specified. It is provided that any permit issued for such a parking lot “may be suspended or revoked after due notice and opportunity for a hearing has been given . . . whenever the Board shall find: (1) that the permittee has violated or caused, permitted or encouraged the violation of any provision of this section, or of any rule or regulation of the Board adopted by virtue of this section,” and for other specified reasons.