(a) The building official shall refund 75 percent of the plan review fee when it is found, after the plan review fee has been paid but before a building permit for which the plan review fee has been paid is issued, that:
(1) The application for a permit is withdrawn or canceled before any plan reviewing is done; or
(2) The construction of the project will be prevented by a material change in circumstances or financial difficulties that include but are not limited to:
(A) Pending litigation where the validity of the project is at issue;
(B) Public insurrection or devastating physical calamity such as tsunami or earthquake;
(C) Unavailability of materials or equipment necessary for construction of project within the coming six-month period; and
(D) Lack of financing shall qualify under this paragraph only where an existing agreement for financing is unilaterally revoked by the lender because of lending agency’s financial insolvency.
(b) (1) The building official shall refund an amount equal to 50 percent of the permit fee paid under the provisions of this chapter where a permittee, due to a material change in circumstances or financial difficulties, is unable to commence work authorized by the permit issued therefor; provided that a written application for a refund shall be made on forms furnished by the building official not later than 15 days after the revocation date of such permit.
(2) Notwithstanding the foregoing provisions, no refund shall be made in any case where a new permit has been obtained under the provisions of § 18-5.4, for the purpose of recommencing the same work, or where the amount to be refunded is less than $100.
(3) All permits upon which refunds have been made in accordance with the foregoing provisions will thereafter be null and void.
(c) Where more than one permit has been erroneously procured by the permittee or the permittee’s agent, or both, for the same construction or work, the building official shall approve one permit and refund the total amount of fees paid for the other permits upon the surrender thereof; provided that no refund will be made on any permit that has been surrendered after 90 days from the date of issuance of such permit, or where the amount to be refunded is less than $100.
(Sec. 18-6.3, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 18, Art. 6, § 18-6.3) (Am. Ords. 93-59, 96-50, 18-21)