The following processes are per the Policy from the Board of Public Works issued on April 3, 2019.
If there is any violation of the conditions of an R-Permit, said permit can be revoked and the permit holder will be required, at no cost, to remove the encroachments and return the public right-of-way to the satisfaction of the City Engineer. Depending on the restorations made to the public right-of-way, the permit holder may also be required to restore the public right-of-way to current local, state or federal standards through the issuance of an A or B Permit.
If a permittee or land owner wishes to cancel an R-Permit, they must provide BOE staff a written request to cancel the permit. The permit holder will be required, at no cost to the City, to remove the encroachments and return the public right-of-way to the satisfaction of the City Engineer. Depending on the restorations made to the public right-of-way, the permit holder may also be required to restore the public right-of-way to current local, state or federal standards through the issuance of an A or B Permit.
Once the right-of-way has been restored to the satisfaction of the City Engineer, BOE will issue the permit holder a letter stating the permit is no longer valid. The property owner is responsible for clearing the Waiver of Damages that was recorded with the County of Los Angeles, not the tenant. The authority to remove the Waiver of Damages is based on the language contained in the recorded Waiver of Damages. Some Waivers may authorize the City Engineer to remove the Waiver and some may only allow the Board of Public Works to remove the Waiver.
There is no fee collected from the permittee for revocation of a Sidewalk Dining R-Permit. If the permittee is required to remove a Waiver of Damages, the applicable Tier 1-3 fee will apply, depending on the what is required and when the Waiver was recorded.
Once a Revocable Permit Requirements letter is sent to the applicant outlining the requirements needed to obtain the permit, the applicant has 180 days from the date of the letter to comply with the conditions required to obtain the permit. If the applicant wishes to extend the application, City staff may charge a Tier 1 fee to renew for an additional 180 days. City staff may also extend the maximum compliance days from 180 to 365 if the Revocable Permit is tied to a B Permit.
If a permit application has been inactive for more than 90 calendar days, a letter notifying the applicant that they have 30 calendar days to respond, or the application will be canceled. The applicant may apply for a Claim for Refund, per City Charter Section 350, for a portion of the application fee. After this period of time, the applicant must submit a new application, including fees to start the application process over again.
No suit shall be brought on any claim for money or damages against the City, or any officer or board of the City, until a claim has been filed with the City Clerk, and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. Claim procedures and requirements shall be governed by state law or ordinance not inconsistent with state law. Except in those cases where a shorter period of time is otherwise provided by state law, all claims for damages against the City must be presented within six months for personal injury and within one year for property damage after the occurrence from which the damages arose, or after the last item of the account or claim accrued.
Action on Claim
In all cases, the claim shall be approved or rejected in writing and the date given. Failure to act upon any claim within 45 days from the date the claim is filed with the City Clerk or, if amended, within 45 days after the amended claim is filed with the City Clerk, or within any greater period provided by state law, shall be deemed to be a rejection.
Refunds for Revocable Permits Tiers 1 and 2 may be obtained through the Claims for Refund process (City Charter Section 350).
Refunds for Revocable Permits Tier 3 (Actual Cost) fall under the following general guidelines. If an application is withdrawn or cancelled, any unused monies would be refunded to the Applicant minus any fees to cover City staff time. Since the Revocable Permit accompanies another construction permit (A or B), this refund only applies to the Revocable Permit.
City staff would request the Applicant to formally cancel the permit in writing. Once written notification is received, City staff would close the work order by submitting the work order closure request. Any monies owed would be refunded. Please see specific R-Permits under the R-Permit Technical Section for additional requirements.
Once the work order is closed/cancelled BOE staff would do the following:
- Provide the permittee written documentation the R-Permit has been cancelled. This letter would also be required if the land owner wants the County of Los Angeles to remove the Waiver of Damages from the land title
- Update the information in the on-line Revocable Permit application, including the date of cancellation and reason
- Upload a copy of all the documents received into the on-line system
Procedure to Process a Claim for Refund
The following procedure instructs City staff on how to process a Claim for Refund (CFR) on the BOE CFR online application. Staff to process the claim for refund per the Claim for Refund Processing Guidelines.