(A) If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this subchapter, whether as the result of a mistake of fact or an error to law, then such amount shall be credited against any surcharge due, or to become due, under this subchapter; provided that no amounts erroneously paid more than three years prior to the filing of a claim therefore shall be so credited. Ninety days prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due.
(B) No action to recover any amount of surcharge due under the provision of this subchapter shall be commenced more than three years after the due date of such amount.
(Ord. 94.52, passed 7-12-1994; Res. 94.68, passed 11-15-1994)