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for which a plan review fee has been paid is withdrawn or canceled before 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