Chapter 4.08



MONETARY REFUNDS GENERALLY*

4.08.010 Generally.
4.08.020 Conditions.
4.08.030 Handling of claims-Deduction for administrative and clerical costs.
4.08.040 Appeal fees.
4.08.050 Exceptions.




* For charter provisions as to refund of moneys generally, see Charter, Art. XI º 18.

4.08.010 Generally.


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 º 5-7)

4.08.020 Conditions.


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. The city has not 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,

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 city manager or the council that the license or permit has been lost or destroyed. (Prior code º 5-8)

4.08.030 Handling of claims-Deduction for administrative and clerical costs.


A. When a claim is filed with the city clerk, it shall be transmitted to the head of the division or section which collected or received the money and then it will be reviewed by the city manager. If the city manager is satisfied that one of the conditions specified in the preceding section exists, the city manager 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, provided that such deduction shall not be more than twenty-five percent of the amount otherwise refundable or less than two dollars.

C. There shall be no deduction for expenses if the city manager finds that the money was collected or received primarily through the mistake of the city. (Prior code º 5-9) 4.08.040 Appeal fees.


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 º 5-10)

4.08.050 Exceptions.


Sections 4.08.020 through 4.08.040 shall not apply to any money collected or received, or to refunds provided for under this chapter or under any other provision of this code providing a refund procedure. (Prior code º 5-11)