Sec. 536-609. - Administrative fee.
(a) To compensate the department of business and neighborhood services for the administrative expenses incurred by its divisions as listed in this section, a fee provided in section 131-501 of the Code may be assessed at the discretion of the deputy director in charge of the division of construction and business services (in accordance with a written policy established by the deputy director) against a person, partnership, or corporation relative to construction for which the person, partnership, or corporation has obtained a building permit, and:
(1) Notice was not given that construction was available for inspection within the time period required by section 536-402 and the construction is no longer available for inspection;
(2) Notice was given pursuant to section 536-402 that construction was available for inspection, and:
a. The construction could not be found because the construction address provided on the permit application was incorrect;
b. The construction was not accessible when the inspector attempted to make the requested inspection at the time agreed upon for the inspection (or if no time was agreed upon, between 8:00 a.m. and 5:00 p.m. Monday through Friday on a day that is not a holiday);
c. The construction was not yet sufficiently completed for an inspection to be made; or
d. The construction was covered or otherwise concealed and therefore not available for inspection;
(3) A notice of correction was issued to the person, partnership, or corporation and either no response from the person, partnership, or corporation was made within the time specified for reinspection or the person, partnership; or corporation requested reinspection of corrections and the corrections were not properly completed; or
(4) A certificate required by section 536-301, 536-302, 536-303, 565-304, or 536-404 was not filed within the time period required by those sections.
(b) To compensate the department of business and neighborhood services for the administrative expenses incurred by its divisions as listed in this section, a fee provided in section 131-501 of the Code may be assessed at the discretion of the deputy director in charge of the division of construction and business services of the department of business and neighborhood services (in accordance with a written policy established by the deputy director), as follows:
(1) Against a person, partnership, or corporation when an inspection reveals that construction has started or is completed that requires a permit and that a permit was not obtained prior to the time of inspection;
(2) Against a contractor when an inspection reveals that construction has started or is completed that requires notification under section 536-216 and notification was not obtained and posted prior to the time of inspection;
(3) Against a person, partnership, or corporation relative to construction for which a building permit is not required when an inspection visit to the construction address is needed because the inspector receives information that there exists a substantive violation of the building standards and procedures, resulting in the issuance of a notice of correction;
(4) If a certificate required by section 536-301, 536-302, 536-303, 565-304, or 536-404 was not filed with the division of construction and business services, the permit has expired for a period of more than thirty (30) days, and a request for renewal of the permit provided for in section 536-616 was not requested prior to the issuance of the administrative fee; and
(5) Against a person, partnership, or corporation relative to zoning violations when any subsequent inspection visit to the address is needed because a violation has not been corrected and a notice of violation or citation has been issued.
(c) The chief financial officer in charge of the division of administrative and financial operations of the department of business and neighborhood services, or his or her designee, may, at his or her discretion, waive all or any part of an administrative fee assessed under this section when such fee was assessed in error or when mitigating circumstances indicate the appropriateness of waiving all or part of the reinspection fee.
(G.O. 63, 2009, § 28; G.O. 41, 2016, § 2; G.O. 40, 2025, § 17)
