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(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the building permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. (3) Penalty: Whenever any work for which a permit is required by this Article has been commenced without first obtaining said permit, the Building Official may impose a penalty for said action in an amount equal to three (3) times the amount of the permit fee as set forth in the applicable fee schedule resolution adopted by the City Council. Payment of any penalty imposed shall be condition precedent to issuance of a building permit. (f) Fee Refunds. (1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Building Official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The Building Official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. (4) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.' Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable." Section 4. Effective Date and Publication. This ordinance shall take effect thirty (30) days after adoption and the title thereof shall be published once prior to adoption. ORDINANCE NO. 2005-018 3