(a) There is hereby created and established within the Treasury of the City of Los Angeles a special fund to be known as the “Arts Development Fee Trust Fund,” hereinafter referred to in this chapter as the “Fund.”
(b) All monies received by the Department of Building and Safety pursuant to the Subdivision 91.0304(b)11 of the Los Angeles Municipal Code shall be placed in this Fund. All monies received shall be deposited, invested, accounted for, and expended consistent with Government Code Section 66006. All interest and earnings of the Fund shall accrue to the Fund.
(c) Once each fiscal year, the City Council shall make findings with respect to any portion of the fee remaining unexpended or uncommitted in this Fund five or more years after deposit of the fee. These findings shall identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which the fee was charged.
(d) The Cultural Affairs Department shall be responsible for maintaining the records relating to the Fund.
(e) The General Manager of the Cultural Affairs Department is authorized to establish appropriate procedures to carry out the provisions of this chapter.
(f) No appropriation or expenditure may be made from this Fund without the prior approval of the General Manager of the Cultural Affairs Department or a duly authorized representative.
(g) Expenditures from the Fund shall be in accordance with LAMC Section 91.0304(b)(11)E.
SECTION HISTORY
Added by Ord. No. 166,724, Eff. 4-8-91.
(a) Notwithstanding Los Angeles Municipal Code Sections 22.12 and 22.13, any money collected or received by the City in accordance with Section 91.0304(b)11 of the Los Angeles Municipal Code may be refunded 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 only if the claim for a refund of the Arts Development 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.
(b) The provisions of this section shall not relieve any person from compliance with the provisions of Section 350 of the Los Angeles City 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. 170,446, Eff. 5-6-95.
Amended by: Ord. No. 173,305, Eff. 6-30-00, Oper. 7-1-00.