Appendix 113. VALIDITY AND LENGTH OF PERMIT

(Ord. 2007-0111 § 2 (part), 2007)

113.1   Validity.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other laws or ordinances. No permit presuming to give authority to violate or cancel the provisions of this Code or any other laws or ordinances shall be valid.

The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications, or from preventing construction being carried on thereunder when in violation of this Code or of any other laws and ordinances.

(Ord. 2002-0079 § 11, 2002: Ord. 95-0070 § 3 (part), 1995.)

113.2   Expiration.

Every permit issued by the Building Official under the provisions of this Code shall expire by limitation, and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of such permit, or the work authorized by such permit is suspended or abandoned for a period of 180 days, or the permittee fails to obtain inspection as required by the provisions of Section 115 of this Code for a period of 180 days.

EXCEPTION: Permits issued to abate violation(s) in conjunction with a code enforcement action shall expire and become null and void at a date determined by the Building Official.

The Building Official may extend the time for action by the permittee for a period not exceeding 180 days from the date of expiration upon written request by the permittee and payment of a fee in an amount determined by the Building Official, not to exceed 25 percent of the permit fee. No permit shall be extended more than twice. Once a permit, including any extension(s) thereof, has expired, the permittee shall file a new application as specified in Section 111.2.

(Ord. 2013-0051 § 6, 2013; Ord. 2002-0079 § 12, 2002: Ord. 99-0043 § 6, 1999: Ord. 95-0070 § 3 (part), 1995.)

113.3   Suspension or Revocation.

The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Code.

(Ord. 95-0070 § 3 (part), 1995.)

113.4   Investigation Fee for Work Without Permit.*

Whenever any work has been commenced without a permit as required by the provisions of Section 111.1 of this Code, a special investigation shall be made prior to the issuance of the permit.

An investigation fee shall be collected for each permit so investigated. The investigation fee shall be equal to and in addition to the permit fees specified in Section 114, but in no event shall the investigation fee be less than $378.50.

EXCEPTION: The investigation fee shall be $189.20 when the Chief Mechanical Inspector has determined that the owner-builder of a one family or two family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building and Safety Division of the County of Los Angeles.

The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

(Ord. 95-0070 § 3 (part), 1995.)

*  Editor's note: Fee changes in this section were made by the director of public works due to increases in the Consumer Price Index and are effective July 1, 2018.

113.5   Refund.

In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall have been canceled without any work having been done as provided for in Section 113.2, the permittee upon presentation to the Chief Mechanical Inspector of a request therefor in writing, shall be entitled to a refund in an amount equal to 80 percent of the fee actually paid for such permit.

When approved by the Chief Mechanical Inspector and upon verification of eligibility, each such refund shall be paid as provided by law for the payment of claims against the County. No refund shall be made when a permit has been obtained by falsification or misrepresentation and has been revoked for such cause.

(Ord. 2016-0056 § 4, 2016: Ord. 95-0070 § 3 (part), 1995.)

113.6   Exemption from Fees.

The requirement for fees contained in this Code shall not apply when the collection of such fees is contrary to the provisions of any contract to which the County of Los Angeles is a part or is legally prohibited by statute.

(Ord. 95-0070 § 3 (part), 1995.)

113.7   Transfer.

Permits are not transferable from one person to another or from one location to another.

(Ord. 95-0070 § 3 (part), 1995.)

113.8   Noncompliance Fee.*

If the Chief Mechanical Inspector in the course of enforcing the provisions of this Code or any state law issues an order to any person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the Chief Mechanical Inspector shall have the authority to collect a noncompliance fee.

The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. The amount of the noncompliance fee shall be $113.70 per building for Group R Division 3 occupancies and $227.60 per building for all other occupancies and shall be in addition to the fees specified elsewhere in this Code.

(Ord. 95-0070 § 3 (part), 1995.)

*  Editor's note: Fee changes in this section were made by the director of public works due to increases in the Consumer Price Index and are effective July 1, 2018.