Note: For charter provisions as to refund of moneys generally,
see Charter, Art. XI, § 18.
Whenever any money is collected or received by the city, it
may be refunded in whole or in part as provided in this chapter, and
not otherwise, if a claim in writing therefor is filed with the city
clerk within one year after the date of such collection or receipt.
The claim shall be made on forms prescribed by the city clerk.
(Prior code § 5-7)
Refund of moneys under the preceding Section 4.08.010 may be made only under the following conditions:
A.
Where
a refund is specifically authorized by the provisions of law requiring
payment of the money but no refund procedure is contained therein;
B.
Where
the money was either paid by the claimant or received by the city
through mistake as to the legal necessity for making the payment in
order to exercise or enjoy the privilege, permission or service applied
for;
C.
Where
the applicant for any license, permit or service has not, at any time
after the commencement of the period or term during which the requested
license, permit or service would have been effective or rendered,
commenced or engaged in the business or occupation or performed any
act for which the license or permit was required or received any of
such service; provided, however, that:
1.
In
the event the city has made any investigation, inspection or examination
or done any similar work, whether required or contemplated by law
or not, as a result of the filing of the application, any monetary
refund shall be reduced by an amount which reflects the cost and time
of any and all work performed by city staff;
2.
The
license or permit has not expired prior to the date upon which the
claim for the refund is made; provided, further, that the license
or permit, if the same has in fact been issued, must be submitted
with the refund claim and canceled when and if the refund is made
unless the applicant proves to the satisfaction of the head of the
division or section which collected or received the money that the
license or permit has been lost or destroyed.
(Prior code § 5-8; Ord. 5243 § 1, 1999)
A.
When
a claim is filed with the city clerk, it shall be transmitted to the
head of the division or the section which collected or received the
money and then it will be reviewed. If the head of the division or
section is satisfied that one of the conditions specified in the preceding
section exists, he or she shall approve such claim for payment.
B.
There
shall be deducted from each refund submitted a sum equal to the administration
and clerical cost entailed by the transaction as estimated by the
director of finance and administrative services.
C.
There
shall be no deduction for expenses if the head of the division or
section finds that the money was collected or received primarily through
the mistake of the city.
(Prior code § 5-9; Ord. 5243 § 2, 1999)
One-half of the fee paid by appellant on filing an appeal to the city council shall be refunded to appellant under the provision of this chapter whenever the council dismisses the appeal under the provisions of Chapter 2.88 of this code.
(Prior code § 5-10)
A.
The
planning department fee paid by an applicant for a change of zone,
including the fee for any accompanying general plan amendment and
fee for environmental review (EIF) shall be refunded in full in a
case where all the following factors exist: (1) a written protest
pursuant to Charter Article XV Section 2 against the proposed zone
change is filed and verified by the council as meeting or exceeding
the 20% frontage requirement; (2) after verification of the protest,
a council member either has or continues to declare a conflict of
interest, actual or perceived, where such conflict is publicly disclosed
on the record by the council member(s) having same; (3) the council
member recuses him or herself from participation even though permitted
to participate by law; (4) as a result of the declared conflict, there
is an insufficient number of council members to meet the necessary
"five vote" unanimous vote requirement under Charter Article XV Section
2 to conduct a hearing and approve the matter, and the matter is denied.
The fees described herein are those fees established by resolution
of the council for the filing and processing of an application for
a zone change, accompanying general plan amendment and fee for environmental
review (EIF). It does not include a fee or charge for any building
permit, plan check, EIR, or other environmental document.
B.
The refund authorized by this section shall apply to any zone change application which meets the requirements of subsection A of this section and has been denied on or after July 1, 2006.
C.
In the event legal action is filed and a court of competent jurisdiction overturns a denial of a change of zone where such denial occurred as a result of the circumstances set forth in subsection A of this section, the applicant or any successor to or assignee of the applicant, shall be responsible and required to pay or repay to the city any and all fees refunded hereunder to process or reprocess the application for the zone change and any required accompanying general plan amendment and EIF, or to conduct a hearing on said application for change of zone and any required general plan amendment, prior to the matter being heard by the council.
(Ord. 5530 § 1, 2006)
