3 - SD-Permit - Cancellations and Refunds

Revised on 06-19-2020

CANCELLATIONS

Bookmark Graphic An SD-Permit will expire after two (2) years if no work has commenced from the date of issuance, per LAMC 64.14

In the event the permit is revoked, canceled or expires, the City shall retain a portion of the permit fee to defray administrative costs in an amount determined and adopted in the same manner as provided in LAMC Section 12.37-I.1 for establishing fees.  If the work authorized by a permit is commenced, it must be prosecuted diligently to completion.

To cancel an SD-Permit, the Permittee shall contact the District Office from which the permit was issued and provide the following:

  1. Written request for cancellation or withdrawal of the SD-Permit
  2.  The SD-Permit Number 

REFUNDS

Multiple dollar bills graphic

Per LAMC 64.14, a refund may be due to the Permittee if:

  1. If the work authorized by a permit issued pursuant to LAMC 64.12 through LAMC 64.22, inclusive, of this Code is not commenced within two years from the date of its issuance, such permit shall expire and be canceled.  In the event the permit is revoked, canceled or expires, the City shall retain a portion of the permit fee to defray administrative costs in an amount determined and adopted in the same manner as provided in LAMC Section 12.37-I.1 for establishing fees.  If the work authorized by a permit is commenced, it must be prosecuted diligently to completion.
  2. The Board may suspend or revoke the permit at any time in the public interest upon receipt of a written request showing good and sufficient cause therefor by the permittee, the owner of the affected property, or other interested party.  Any such action shall not be deemed to release any applicable insurance or surety filed pursuant to LAMC 64.15.1.

Where payment was made and a house connection permit to connect improvements to the public sewer was obtained per LAMC 64.12 and where the house connection permit expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled.

Claim Required

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.

Procedure to Process a Claim for Refund (CFR) 

The following procedure instructs City staff on how to process a Claim for Refund (CFR) on the BOE CFR online application.  Per 22.13(a), the head of a department or office (Bureau Head) may approve refunds of tax, license fee, permit fee, or application fee if the refund does not exceed the listed fee.  This amount is adjusted annually via a Memorandum from the City Controller and can be found at https://controller.insidela.org/memos/frequently_used.

Per LAMC 22.12, if the amount exceeds Los Angeles Interdepartmental Correspondence Letter the amount listed on the current memo, the application would need to file a Claim for Refund with the City Clerk within 12 months after the date of payment.

 

Permittees should provide all documents supporting the refund request including:

  • A copy of the permit
  • A signed copy of the printed claim
  • Any receipts that shows the payment(s) made
  • Any other applicable documents

Customers can email, upload, fax, or hand carry the supporting documents after they submit the refund claim online.  The customer must write the claim reference number on the top portion of each supporting document, so City Staff can relate those documents to the claim.  Applicants who provide a valid email address will be notified of any missing information in their applications and/or when the claim is fully processed.

BOE CFR Online Application

  1.  Select the Claims for Refund Application http://engpermits.lacity.org/refunds/boe.cfm?login=1 and login.
  2. Select “View Unprocessed Claims” to see a list of Claims that are pending or new.
  3. Select the reference number of the claim you wish to review.Screen Shot of the Claims for Refund Login Page on the BOE wedsite
  4. Review the claim.
    1. Make changes to the Claimant information.
    2.  If the name of Claimant does not match the name used on the permit, then a notarized Assignment of Rights statement will be needed from the person who applied for the permit.
    3. Input the approved amount to be refunded minus any appropriate fees or surcharges that are to be withheld.
    4. Select appropriate section of the code that allows the refund and/or enter in a reason for approval.
  5. Select “Submit Attachments” to upload .jpg, .pdf, or .tif files.
    1. Attach copies of the original permit or certificate that is involved.
    2.  Make sure cash register receipt is legible.
    3.  Attach copies of any supporting documents to justify the refund.
  6. Lock Application and select “Forward to District Engineer” to finalize the Claim.
  7. Geo-code the Claim.
  8.  Mark the original copy as refunded. Note the Claim Reference number.
  9. If permit or certificate is to be canceled, change the status in the application and remove the geo-code associated with the permit or certificate.
    1.  Select geo-code link in the appropriate permit application, select Location Number and double click on the geo-coded permit/certificate. A pop-up screen will appear giving you the option to delete the geo-code. Select Delete to remove the geo-code.
  10.  Select “View Final Claim” if you wish to make a print of the Claim.
  11. “Status Report of Unprocessed Claim” lists all the Claims that have not been through the final process
    1. Use the reference number and “Search for a Claim” to view the status or where it is in the queue.
  12. Claim Count Summary will list the number of claims processed and how much in total has been refunded based on a given date range.
  13. Select “Search for a Claim” if you know the reference number and you are asked for the status of that claim.
  14. Select “New Claim” to input the Claimant’s information and reason for submitting for a claim. Fill in the required boxes, the date paid, and a reason for the Claim
    1.  Follow the steps above for Reviewing the Claim.
  15. Items that were paid for at the Land Development Group (LGD) should be handled by LGD.
    1.  Select the “Forward to LGD” box to send the refund request to their queue.

Procedure to Process a Claim for RefundPicture of City of Los Angeles Inter-Departmental Correspondence letter NO. 17-019

The following procedure instructs City staff on how to process a Claim for Refund (CFR) on the BOE CFR online application.  Per 22.13(a), the head of a department or office (Bureau Head) may approve refunds of tax, license fee, permit fee, or application fee if the refund does not exceed $48,813.  This amount is adjusted annually via a Memorandum from the City Controller. 

Per LAMC 22.12, if the amount exceeds $48,813, the application would need to file a Claim for Refund with the City Clerk within 12 months after the date of payment.

Permittees should provide all documents supporting the refund request including:

  • A copy of the permit
  • A signed copy of the printed claim
  • Any receipts that shows the payment(s) made
  • Any other applicable documents

Customers can email, upload, fax, or hand carry the supporting documents after they submit the refund claim online.  The customer must write the claim reference number on the top portion of each supporting document, so City Staff can relate those documents to the claim.  Applicants who provide a valid email address will be notified of any missing information in their applications and/or when the claim is fully processed.

BOE CFR Online Application

  1. Select the Claims for Refund Application http://engpermits.lacity.org/refunds/boe.cfm?login=1 and login.
  2. Select “View Unprocessed Claims” to see a list of Claims that are pending or new.
  3. Select the reference number of the claim you wish to review.
  4. Review the claim.
    1. Make changes to the Claimant information.
    2. If the name of Claimant does not match the name used on the permit, then a notarized Assignment of Rights statement will be needed from the person who applied for the permit.
    3. Input the approved amount to be refunded minus any appropriate fees or surcharges that are to be withheld.
    4. Select appropriate section of the code that allows the refund and/or enter in a reason for approval.
  5. Select “Submit Attachments” to upload .jpg, .pdf, or .tif files.
    1. Attach copies of the original permit or certificate that is involved.
    2. Make sure cash register receipt is legible.
    3. Attach copies of any supporting documents to justify the refund.
  6. Lock Application and select “Forward to District Engineer” to finalize the Claim.
  7. Geo-code the Claim.
  8. Mark the original copy as refunded. Note the Claim Reference number.
  9. If permit or certificate is to be canceled, change the status in the application and remove the geo-code associated with the permit or certificate. 
    1. Select geo-code link in the appropriate permit application, select Location Number and double click on the geo-coded permit/certificate. A pop-up screen will appear giving you the option to delete the geo-code. Select Delete to remove the geo-code.
  10. Select “View Final Claim” if you wish to make a print of the Claim.
  11.  “Status Report of Unprocessed Claim” lists all the Claims that have not been through the final process.
    1. Use the reference number and “Search for a Claim” to view the status or where it is in the queue.
  12. Claim Count Summary will list the number of claims processed and how much in total has been refunded based on a given date range.
  13. Select “Search for a Claim” if you know the reference number and you are asked for the status of that claim.
  14. Select “New Claim” to input the Claimant’s information and reason for submitting for a claim. Fill in the required boxes, the date paid, and a reason for the Claim.
    1. Follow the steps above for Reviewing the Claim.
  15. Items that were paid for at the Land Development Group (LGD) should be handled by LGD.
  16. Select the “Forward to LGD” box to send the refund request to their queue.

 

 

Additional Claim for Refund Information
from the City of Los Angeles Municipal Code

LAMC 22.12(b) - This section is remedial in purpose; its terms and requirements shall not be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this state for any remedy provided by that law. (Added by Ord. No. 79,588, Eff. 5/21/38 – No Hyperlink Available)

LAMC 22.12(c) - The monetary limitations in Subsection (a) above shall be subject to an adjustment at the beginning of each fiscal year after 1995-96 based upon the Consumer Price Index for all urban consumers for the Los Angeles area published by the United States Department of Labor, Bureau of Labor Statistics.  The Controller shall calculate the adjustment in accordance with the methodology used to calculate monetary limits for intra departmental fund transfers pursuant to Los Angeles City Charter Section 343(c) and shall notify department heads in writing of the adjusted monetary limit. (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)

LAMC 22.13(a) - The head of any department or office in which there is collected or received for and on behalf of the City any tax administered by the City, license fee, permit fee or application fee may, upon written application of the person who paid such tax or fee, filed with such department or office, refund all or part of such payment as herein provided, and not otherwise, without the necessity of first receiving the approval of the City Council therefor, if such refund does not exceed the sum of $48,813, and if the head of such department or office is satisfied, upon such proof as may be presented to or required by him or her, that any of the following conditions exist: (First Sentence Amended by Ord. No. 174,174, Eff. 9/21/01.)

1.     Where a refund is specifically authorized by the provision of law requiring payment of the tax, license, permit or application fee.

2.     Where the money is paid to secure a business tax registration certificate, license or permit not required by law.

3.     Where the amount paid was in excess of the amount required by law.

4.     Where the money paid was not required by law.

5.     Where the applicant for any business tax registration certificate, license or permit has not, at any time after the commencement of the period or term during which the requested certificate, license or permit would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the certificate, license or permit was required; or where a person has filed an application or appeal and subsequently has withdrawn said application or appeal; provided, however, that the City has not made any physical inspection or examination of real property, held or conducted any hearing, performed any tests, or done any similar work, whether required or contemplated by law or not, as a result of the filing or issuance of any of the foregoing; and, provided further, that the certificate, license, or permit, if the same has in fact been issued, must be surrendered for cancellation and a written request for such cancellation must be filed with the department of the City issuing the same on or before the date of refund. In case of refunds made under this condition, 20 percent of the amount paid shall be deducted and retained by the City to cover clerical and other overhead costs and expenses entailed in the transaction.

LAMC 22.13(b) - The provisions of this section shall not relieve any person from compliance with the provisions of City Charter Section 350 relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this state for any remedy provided by that law. (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)

LAMC 22.13(c) - The head of any department or office making any refund of taxes or fees hereunder is hereby authorized to cause a demand to be drawn on the general fund or such other fund in which such tax, license, permit or application fee may have been deposited.  (Amended by Ord. No. 174,174, Eff. 9/21/01.)

LAMC 22.13(d) - The head of any department or office, authorizing any refund of taxes or fees hereunder, shall cause a detailed report thereof to be made, showing the names and addresses of the persons receiving such refunds, the amounts thereof, the kinds of taxes or fees refunded, and the reasons why said refunds were made.  Such report shall be transmitted to the Council and the Controller at such times as the Council may require, but not less frequently than annually.  (Amended by Ord. No. 174,174, Eff. 9/21/01.)

LAMC 22.13(e) - The monetary limitations in Subsection (a) above shall be subject to an adjustment at the beginning of each fiscal year after 1995-96 based upon the Consumer Price Index for all urban consumers for the Los Angeles area published by the United States Department of Labor, Bureau of Labor Statistics.  The Controller shall calculate the adjustment in accordance with the methodology used to calculate monetary limits for intra departmental fund transfers pursuant to Los Angeles City Charter Section 343(c) and shall notify department heads in writing of the adjusted monetary limit.  (Amended by Ord. No. 173,304, Eff. 6/30/00, Oper. 7/1/00.)

 [A1]QUESTION: What does this have to do with fees?

 

 [A2]QUESTION:  Why is LAMC 12.37.I.1 applicable?  Does not talk at all about establishing fees

 

 

The following is the documentation from the old permit website which is not consistent with the LAMC:

The S-Permit may be cancelled by the Permittee prior to the start of construction work. S-Permit Inspection Fees paid for inspection work not conducted on a cancelled S-Permit may be refundable. The Basic Application Fee paid for issuance of the S-Permit is not refundable.

To cancel an S-Permit, the Permittee shall contact the District Office from which the S-Permit was issued and provide the following:

1) A request for cancellation or withdrawal of the A-Permit.

2) The A-Permit Number. [A2]

 

 [A3]COMMENT:  Need to get an updated memo