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
Universal Citation: 4 CA Code of Regs 2424
Current through Register 2024 Notice Reg. No. 38, September 20, 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.
1. New section
filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2.
Amendment of subsections (a)(2)(A)-(B), (a)(3)-(4), (a)(6)(D) and (a)(8) and
amendment of NOTE filed 11-23-2004; operative 12-23-2004 (Register 2004, No.
48).
3. Change without regulatory effect amending subsection (a)(4)
filed 2-28-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 9).
Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5358, 5360, 5463 and 5485, Business and Professions Code.
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