(A) Generally.
(1) Whenever the amount of any tax, interest, or penalty has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the village under this subchapter, it may be refunded as provided in divisions (B) and (C) below of this section, provided a claim in writing therefor, stating, under penalty of perjury, the specific grounds upon which the claim is founded, is filed with the Fiscal Officer within three years of the date of payment.
(2) The claim shall be on forms furnished by the Fiscal Officer.
(B) Non-transient guest. An operator may claim a refund or take as a credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Fiscal Officer that the person from whom the tax has been collected was not a transient guest; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient guest or credited to rent subsequently payable by the transient to the operator.
(C) Transient guest. A transient guest may obtain a refund of taxes overpaid, or paid more than once, or erroneously or illegally collected or received by the village, by filing a claim in the manner provided in division (A) above of this section, but only when the tax was paid by the transient guest directly to the Fiscal Officer, or when the transient guest, having paid the tax to the operator, establishes to the satisfaction of the Fiscal Officer that the transient guest has been unable to obtain a refund from the operator who collected the tax.
(D) No payment of refund. No refund shall be paid under the provisions of this section unless the claimant established his or her right thereto by written records showing entitlement thereto.
(Ord. 13, 1990, passed 9-10-1990; Am. Ord. 18, 2004, passed 12-9-2004)