(A) Filing claims. When the amount of any fee, interest or penalty has been overpaid, paid more than once or has been erroneously or illegally collected or received by the city under this chapter, that amount may be refunded as provided in divisions (B), (C) and (D) below; provided, a claim, in writing therefor, stating under penalty of perjury the specific ground upon which the claim is founded is filed with the Fee Administrator within three years after the date of payment. The claims shall be on forms furnished by the Fee Administrator.
(B) Refunds to service suppliers. A service supplier may claim a refund or take as credit against fees collected and remitted an amount overpaid, paid more than once or erroneously or illegally collected or received when it is established that the person from whom the fee has been collected was not a service user.
(C) Refunds to service users. Any service user may obtain refund of fees overpaid, paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in division (A) above, but only when the service user, having paid the fee to the service supplier, establishes to the satisfaction of the Fee Administrator that the service user has been unable to obtain a refund from the service supplier who collected the fees.
(D) Proof required. No refund shall be paid under the provisions of this section unless the claimant establishes his or her rights thereto by written records showing entitlement thereto.
(E) Notwithstanding any other provisions of this section, when a service supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility service, the fees paid pursuant to this chapter on the amount of the refunded charges also shall be refunded to the service user by the service supplier and the service supplier shall be entitled to claim a credit for the refunded fees against the amount of fees which is due upon the next monthly return. In the event this chapter is repealed, amounts of any refundable fees will be borne by the city.
('61 Code, § 23B.32) (Ord. 920, passed - - ) Penalty, see § 53.99