A. Commencing with the fifth fiscal year following the first year of receipt of any revenues from the school facilities fee, and in each fiscal year thereafter, each school district shall prepare a report which sets forth the total amount of all such fee revenues that were received and deposited in the special fund established under Section 18.24.720 of this chapter in each fiscal year prior to the date of such report, but which remain unexpended or unappropriated as of the date of the report; provided, however, that no report shall be required in any year in which there were no unspent or unappropriated fee revenues in such fund which were received and deposited in the fund more than five years prior to the date of the report. Each school district preparing a report under this subsection shall provide a copy of the same to the director of public works as soon as practicable following its completion.
B. Upon review of each report described in subsection A of this section, each school district shall take one of the following actions required by Section 66001 of the Government Code with respect to any unexpended or unappropriated fee revenue in the special fund established under Section 18.24.720 of this chapter which was received and deposited in such fund five or more years prior to the date of such report:
1. Appropriate all or any part of such unexpended or unappropriated fee revenue for the construction, installation, or acquisition of school facilities;
2. Make findings with respect to all or any part of such unexpended or unappropriated fee revenue which identify the purposes to which the revenue are to be put and which demonstrate a reasonable relationship between such fee revenue and the purpose for which it was imposed; or
3. Provide for the refund of all or any part of such unexpended or unappropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Section 66001(e) of the Government Code, to the current record owner of any property for which fee was paid; provided that if the administrative costs of refunding such fee revenue exceed the amount to be refunded, the school district, after considering the matter at a public hearing, notice of which is given in the manner provided for by Section 66001(f) of the Government Code, may appropriate such revenue for any other school facility for which the fee is charged or otherwise imposed pursuant to this chapter and which the school district determines will benefit the properties for which such fee was charged or otherwise imposed.
C. In the event the school districts, or any one of them, fail to comply with the requirements of this section, the city shall have the right to institute legal proceedings to compel such compliance. (Prior code § 84.05.518)