(a) Any money collected or received by the City in accordance with Section 64.11.2, 64.16.1 or 64.18 may be refunded as provided in this Subsection, or may be credited pursuant to the provisions of Subsection (b) or (e) of this Section, and not otherwise, if a verified claim in writing is filed with the City Clerk accompanied by the original receipt or certificate for the fees collected. If said receipt or certificate cannot be located, an affidavit must be filed with the claim which satisfactorily explains why it cannot be located. Such refund shall be made only on the following conditions: (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.)
1. Where payment was made per Section 64.11.2 and tract proceedings have expired or been abandoned, the claim must be filed within one year from the date said proceedings expired or where abandoned.
3. Where payment was made per Section 64.16.1 or 64.18 and a house connection permit to connect improvements to the public sewer was obtained per Section 64.12 and where the house connection permit expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled.
4. Where payment was made per Section 64.16.1 or 64.18
and no house connection permit to connect improvements to the public sewer was obtained, and said payment is not required, the claim must be filed within one year after expiration of the building permit, as such expiration is determined by Section 98.0602 of this Code. (Amended by Ord. No. 168, 533, Eff. 3/1/93.)
5. Where payment was made per Section 64.16.1 or 64.18
and no house connection permit to connect improvements to the public sewer was obtained, the time for a plan check, including any extension, pursuant to Section 98.0603 of this Code, has expired, and no payment is required the claim must be filed within one year after the date of such expiration. (Added by Ord. No. 168, 533, Eff. 3/1/93.)
6. (Amended by Ord. No. 171,036, Eff. 6/6/96.) Where payment was made per Section 64.16.1 for a new building and later a demolition occurs on the same lot or parcel, a refund shall be allowed for the demolished building subject to the following:
(i) The demolition must occur within two years of the payment of the Sewerage Facilities Charge for the new building.
(ii) The written application for refund must be made within one year of said demolition and must be accompanied by proof of demolition satisfactory to the City Engineer.
The amount of the refund shall be the amount of monetary credit calculated per Section 64.16.1, Subsection (c), applicable to the demolished building at the time of sign-off of the Demolition Certificate but shall not exceed the amount of the charge which has been paid for the new building on the same lot or parcel.
7. (Former Subdiv. 6 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per Section 64.18 and thereafter a public sewer is constructed to serve such property and the property is assessed for the construction thereof, the claim must be filed within one year from the date notice is mailed to the last address of the owner of the land that the City Council has confirmed the final assessments for said sewer.
8. (Former Subdiv. 7 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per any of the above sections and such amount was collected wholly or partially in error, or was in excess of that required by said sections, the claim must be filed within one year from the date the error was discovered or should have been discovered by any owner of the property for which payment was made.
9. (Former Subdiv. 8 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment has been made pursuant to Section 64.11.2 or Section 64.16.1 subsequent to December 15, 1981, and sewage from the subject property is or will be treated in the facilities of a Los Angeles County Sanitation District, the permittee or person making such payment may apply for a refund of 85% of the fee specified in Section 64.11.2 or the applicable charge specified in Section 64.11.3. The claims must be filed within one year from the date the payment is made or within one year from the effective date of the ordinance adding Subdivision 8 to Subsection (a) of this section, whichever period is longer. (Added by Ord. No. 157,145, Eff. 11/22/82.)
No refund shall be made of money collected pursuant to Section 64.18 hereof, which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City.
(b) The right to any refund under this Section is payable to the permittee. After the time provided in this Section to apply for a refund expires, the right to a credit for a refund runs with the land, except for credits that are issued pursuant to the provisions of Subsection (e) of this Section. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
(c) Where a refund is due under the provisions of Subsection (a) of this Section or a refund credit is due pursuant to the provisions of Subsection (e) of this Section and the refund or refund credit does not exceed the sum of $25,000, the Board is authorized to make such refund or refund credit without the necessity of first receiving the approval of the City Council, and is authorized to cause a demand to be drawn on the general fund or any other fund in which the fees being refunded may have been deposited. (Amended by Ord. No. 182,076, Eff. 4/6/12.)
(d) The provisions of this section shall not relieve any person from compliance with the provisions of Sections 363, 376 and 376.1 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. (Amended by Ord. No. 146,426, Eff. 9/22/74.)
(e) (Added by Ord. No. 182,076, Eff. 4/6/12.) The Board is authorized to use refund credits that run with the land authorized pursuant to the provisions of Subsection (b) of this Section to offset the increases to the Quality Surcharge Fee (QSF), which increases begin on the effective date of this Subsection and are imposed pursuant to the provisions of Subdivision (4) of Subsection D. of Section 64.30, if all of the following conditions are satisfied:
2. The SIU is also an owner of the property for which the payment was made;
3. The flow, as determined pursuant to the provisions of Section 64.11.3(f), from the property is less than the amount for which SFC payment was made;
4. The SIU can demonstrate that the reduced amount of flow identified in Subdivision 3. of this Subsection was caused by the use of water conservation practices, pretreatment of discharge, or use of environmentally responsible practices; and
5. The SIU, at the time of submission of the written claim to the City Clerk required by the provisions of Subsection (a) of this Section, is not delinquent in payment of any monies owed pursuant to any provision of this Article or Article 4.1.
(f) The monetary value of a refund credit that may be offset against QSF fees as authorized pursuant to Subsection (e) of this Section shall be calculated based on the rate at which the fees for which a refund is requested were paid. (Added by Ord. No. 182,076, Eff. 4/6/12.)
(g) Any refund credit that is used pursuant to the provisions of Subsection (e) of this Section to offset QSF fees will be removed from property records, and any future fee required for the property pursuant to the provisions of Section 64.11.2 or Section 64.16.1 will be calculated based on the rates in effect at the time the fee is imposed. (Added by Ord. No. 182,076, Eff. 4/6/12.)