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4. Expiration of Plan Review: Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 5. Investigation Fees —Work Without a Permit: (a) investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation may, in the sole discretion of the building official be made before a permit may be issued for such work. (b) 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. (c) 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 building permit fee as set forth in the applicable fee schedule resolution adopted by the city council. Payment of any penalty imposed shall be a condition precedent to issuance of a building permit. 6. Fee Refunds: (a) The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (b) 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. (c) 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. (d) 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. ORDINANCE NO. 2010 -013 15