California Code of Regulations › Title 4 - Business Regulations › Division 6 - Outdoor Advertising, Department of Transportation › Chapter 3.5 - Application, Permit, and License Administration for Outdoor Advertising › Section 2424 - Permit Renewal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				permit must be renewed pursuant to Section
				5360 of the Act. The permit renewal
				process consists of the following:
(1) The
				Department mails a renewal application for a term of five years to the
				Permittee at the Permittee's last address on the Department's record at least
				30 days before the expiration date.
(2) The Permittee returns the completed Form
				ODA-0013(A), Application For Outdoor Advertising Permit Renewal 1999-2003 (Rev.
				09/99) which is incorporated by reference, and fee to the Department postmarked
				on or before December 31 of the year in which the permit expires to avoid a
				penalty. The Permittee would be scheduled to pay as follows:
(A) A Permittee holding 10 or more permits
				may pay one-fifth of the fee (pro-rata fee) to the Department on an annual
				basis postmarked each year on or before December 31 to avoid a penalty fee. A
				Permittee shall be responsible for paying the then current annual fee at the
				time of each pro-rata payment.
(B)
				A Permittee holding less than 10 permits must pay the total fee every five
				years on or before December 31 of the year in which payment is due to avoid a
				penalty fee. A Permittee prepaying for five years may be assessed any increase
				in the annual fees, due by December 31 of the year which payment is
				due.
(C) The Permittee is
				responsible for contacting the Department if a renewal application is not
				received.
(3) A permit is
				expired and is subject to a mandatory penalty of $100.00 if the renewal
				application and fee are received by the Department postmarked after December 31
				of the year in which the permit expires or the pro rata payment is
				due.
(4) The Department shall issue
				the permit after receiving the completed renewal application, permit fee or
				pro-rata fee, and after determining the Display is not in violation of any
				provision of the Act or these regulations and an unexpired building permit has
				been issued, if the display has not been constructed. Permits issued prior to
				December 31, 2002, for Displays that have not been constructed or have not
				obtained an unexpired building permit, will not be revoked until June 30, 2005,
				if the applicable city or county confirms that a building permit is being
				actively considered for the Display. The Department will also review its
				records to determine there is no active violation notice on record for the
				Display as of December 31 of the year in which the permit expires. The permit
				entitles the permittee to place the permitted display for the term of the
				permit, provided all pro rata fees are timely received.
(5) If the Department fails to issue a permit
				according to this Chapter and the Act within one year after receiving a
				complete and valid renewal application and required fees, the permit is
				considered renewed for the year of the renewal application. An applicant shall
				provide a certified mail receipt or signed acknowledgment of receipt by a
				Department representative to invoke this provision. This section does not apply
				to a permit under review pursuant to Chapter 3.6 commencing with section
				2424(C) in Title 4
				of the California Code of Regulations or a legal action.
(6) The following occurs when a permit is not
				renewed in accordance with (a)(1) to (a)(4) of this section:
(A) The Department provides written notice by
				certified mail to the Permittee at the address on record at least 30 days
				before the cancellation date indicating the permit is expired, is not in
				compliance with the Act, or the permit fee or the pro-rata fee is not received.
				However, the permit may be renewed with a penalty fee.
(B) The Permittee has until December 31 of
				the first year following the expiration of the permit to return the renewal
				application, permit fee or pro-rata fee, and penalty fee or notify the
				Department to cancel the permit because the Display has been removed.
(C) The Department issues the permit after
				receiving the completed renewal application, permit fee or pro-rata fee, and
				after determining the Display is not in violation of any provision of the Act
				or these regulations. The Department will also review its records to determine
				if there is no active violation notice on record for the Display as of December
				31 of the year in which the permit expires.
(D) When the Permittee fails to comply with
				subsection (6)(B), the permit is not renewable and the Director shall notify
				the permittee by certified mail that the permit will be revoked in thirty (30)
				days. Any permittee served with a notice of revocation may appeal this decision
				in accordance with the provisions of section
				2241(b) of these
				Regulations.
(7) A permit
				must be renewed by the end of the first year after expiration or lose
				eligibility for renewal.
(8) The
				renewal application for a valid, unrevoked, and unexpired permit shall be
				mailed when issuance of the permit is pending resolution of a violation notice
				or a legal action. The Permittee shall continue to comply with the renewal
				requirements. The permit is issued only when a final decision is made by the
				Director or by a court of law that does not uphold the violation. Fees will be
				deposited into the State Highway Account and when appropriate, refunded upon
				the final decision.