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(a) Notwithstanding Los Angeles Municipal Code Sections 22.12 and 22.13, any money collected or received by the City is accordance with Section 91.107.4.4 of the Los Angeles Municipal Code may be refunded as herein provided and as provided by Section 5.114(d) of this Code. The refund shall only be made if the claimant files a verified claim in writing with the City Clerk, accompanied by the original receipt or certificate for the fees collected. If the receipt or certificate cannot be located, however, a refund shall only be made if an affidavit is filed with the claim which satisfactorily explains why the original document cannot be located.
A refund may be made by the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative pursuant to this section only if the claim for a refund of the Fire Hydrant Fee is filed with the City Clerk within 12 months from the date of expiration of the building permit or within 12 months of the date of any extensions granted pursuant to the provisions of Section 98.0602(a) of the Los Angeles Municipal Code.
If a permit valuation is lowered by the Department of Building and Safety, the refund shall be the difference between the fee that was paid based on the previously calculated higher valuation and the fee that should be paid based on the new lowered valuation.
(b) The following words and phrases shall be construed as defined in this section:
(1) Fire protection improvements: The installation or upgrading of public fire hydrants and/or the up-grading, improving and/or replacing of existing public water mains and facilities.
(2) Fire Hydrant Fee: The fee calculated by and paid to the Department of Building and Safety pursuant to Los Angeles Municipal Code Section 91.107.4.4.
(3) Project: The construction of any building or structure, or the addition to, alteration, repair or change of use of any land, building or structure.
(c) The right to any refund under this section is payable only to the record owner of the property when the Fire Hydrant fee was paid. However, that person may transfer the right to a refund by a written acknowledged assignment, which must accompany the claim for refund filed with the City Clerk.
(d) Any claim for refund received pursuant to this section shall be referred by the City Clerk to the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative for investigation and action thereon.
(e) The Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative shall make such rules and regulations as may be necessary to carry out the provisions of this section. Such rules and regulations shall be approved by the City Council by resolution prior to becoming effective.
(f) If a refund due under this section does not exceed the sum of $15,000.00, then the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative is hereby authorized to make such refund in accordance with the procedures described herein without the necessity of first receiving the approval of the City Council and cause a demand to be drawn on the fire hydrant fund in which the fees being refunded have been deposited.
(g) The Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative shall determine the amount of the refund. The applicant shall be entitled to a refund equal to the amount paid to the Department of Water and Power or the Fire Hydrant Fee paid to the Department of Building and Safety, whichever is less.
(h) The provisions of this section shall not relieve any person from compliance with the provisions of Section 350 of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law.
SECTION HISTORY
Added by Ord. No. 161,599, Eff. 9-25-86.
Amended by: Subsec. (b)(1), Ord. No. 164,127, Eff. 11-21-88; Subsec. (a)(1), (2) and (3) Repealed, Ord. No. 166,932, Eff. 6-10-91; Subsecs. (a) and (b)(2), Ord. No. 170,446, Eff. 5-6-95; Ord. No. 173,305, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (a) and (b)(2), Ord. No. 180,619, Eff. 5-12-09.
There is hereby established within the Treasury of the City of Los Angeles a fund known as the “Department of Transportation Parking Violations Trust Fund” hereinafter referred to as the “Fund” to be administered by the Department of Transportation:
(a) The Department of Transportation Parking Violations Trust Fund shall be used for the purpose of receiving deposits of money for fines and bail forfeitures from parking citations.
(b) Monies deposited pursuant to (a) above shall be used to refund bail in cases of over payment, double payments or court dismissals; shall be used to pay the Los Angeles County Treasurer for the parking citations judicial functions performed by the Los Angeles Municipal Court; shall be used to pay the Los Angeles County Treasurer all amounts designated by current or future statute as County funds, including, but not limited to, Government Code Section 76000 for Robbins Courthouse Construction Fund and the County Criminal Justice Facility Temporary Construction Fund; shall be used to pay the Department of Motor Vehicles for collections services charges; shall be used to reimburse the Treasurer’s revolving fund for the amount of any uncollected check; may be used for payment of contractors on contingency fee contracts whose sole and exclusive efforts have resulted in payment of delinquent parking tickets to the City, subject to applicable contract limitations; shall be used for payment of credit card fees to a merchant bank for processing credit card transactions; and all other net funds on deposit exclusive of suspense monies and contingent obligations shall be transferred to the general fund.
(c) Monies sufficient to meet estimated two months’ bail refunds shall be transferred from the Fund to fund the Bail Refund Revolving Account established and administered by the Department of Transportation for the purpose of refunding bail.
SECTION HISTORY
Added by Ord. No. 161,191, Eff. 6-12-86
Amended by: Subsec. (b), Ord. No. 165,090, Eff. 9-11-89; Subsec. (b), Ord. No. 172,680, Eff. 8-2-99.
(a) There is hereby created and established within the Treasury of the City of Los Angeles a special fund known as the “Narcotics Analysis Laboratory Trust Fund of the Police Department”, hereinafter referred to as the “Fund.”
(b) All money received by the Police Department pursuant to Section 11372.5 of the Health and Safety Code shall be deposited in the Fund.
(c) The Treasurer shall deposit in the Fund any interest earned from the deposit or investment of all money received pursuant to Subsection (b) of this section.
(d) No appropriation or expenditure shall be made from the Fund except for the purposes approved by Section 11372.5 of the Health and Safety Code and any equipment acquired thereby or otherwise through said statutory provisions shall be accounted for as required by Section 7.84, 7.85 and 7.88 of this Code.
(e) Appropriations from the Fund shall be approved by a majority vote of the City Council, subject to the approval of the Mayor, or passage by the Council over the Mayor’s veto by a two-thirds vote.
The Fund shall be administered and expenditures therefrom authorized by the Chief of Police.
No expenditure shall be made from the Fund, nor shall the Chief of Police disburse, seek to disburse or permit any monies in said Fund to be disbursed except for purposes that are consistent with Subsection (d) of this section and with a detailed plan for expenditures which has been approved upon a majority vote of the City Council, subject to the approval of the Mayor, or passage by the Council over the Mayor’s veto by a two-thirds vote. The expenditure plan and amendments thereto shall be approved by the Board of Police Commissioners and submitted concurrently to the Public Safety Committee, and to the Budget and Finance Committee of the City Council for their recommendations to the City Council.
The Chief of Police shall concurrently submit to the Board, to the City Controller and to the City Council quarterly, a detailed account showing amounts and general purposes for which Fund money has been disbursed.
(f) Whenever the City Controller or Chief of Police is mentioned herein, the powers and duties conferred may be exercised or performed by a designated subordinate.
SECTION HISTORY
Added by Ord. No. 163,242, Eff. 3-24-88.
Amended by: Subsec. (e), Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89.
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