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4. Expiration of Plan Review: Applications for which no permit is issued within one <br />hundred eighty (180) days following the date of application shall expire by limitation and <br />plans and other data submitted for review may thereafter be returned to the applicant or <br />destroyed by the building official. The building official may extend the time for action by <br />the applicant for a period not exceeding one hundred eighty (180) days upon request by <br />the applicant showing that circumstances beyond the control of the applicant have <br />prevented action from being taken. In order to renew action on an application after <br />expiration, the applicant shall resubmit plans and pay a new plan review fee. <br />5. Investigation Fees —Work Without a Permit: <br />(a) Investigation. Whenever any work for which a permit is required by this Code has <br />been commenced without first obtaining said permit, a special investigation may, in <br />the sole discretion of the building official be made before a permit may be issued for <br />such work. <br />(b) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or <br />not a permit is then or subsequently issued. The investigation fee shall be equal to the <br />amount of the building permit fee required by this code. The minimum investigation <br />fee shall be the same as the minimum fee set forth by the city council. The payment <br />of such investigation fee shall not exempt any person from compliance with all other <br />provisions of this code or from any penalty prescribed by law. <br />(c) Penalty. Whenever any work for which a permit is required by this Article has been <br />commenced without first obtaining said permit, the building official may impose a <br />penalty for said action in an amount equal to three (3) times the amount of the <br />building permit fee as set forth in the applicable fee schedule resolution adopted by <br />the city council. Payment of any penalty imposed shall be a condition precedent to <br />issuance of a building permit. <br />6. Fee Refunds: <br />(a) The building official may authorize the refunding of any fee paid hereunder which <br />was erroneously paid or collected. <br />(b) The building official may authorize the refunding of not more than eighty percent <br />(80 %) of the permit fee paid when no work has been done under a permit issued in <br />accordance with this Code. <br />(c) The building official may authorize the refunding of not more than eighty percent <br />(80 %) of the plan review fee paid when an application for a permit for which a plan <br />review fee has been paid is withdrawn or canceled before any plan reviewing is done. <br />(d) The building official shall not authorize the refunding of any fee paid except upon <br />written application filed by the original permittee not later than one hundred eighty <br />(18 0) days after the date of fee payment. <br />ORDINANCE NO. 2010 -013 15 <br />