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Where alternative funding has been provided, the Director of the Department of Environmental Health and Quality may invoice a nonprofit applicant for a permit or renewal thereof relating to operation of a food facility establishment specified in subdivision (a) of Section 65.107, housing specified in subdivision (b) of Section 65.107, or a public swimming pool specified in subdivision (c) of Section 65.107 at 50% of the fee specified for the permit or renewal specified in said subdivisions, provided that the applicant is a nonprofit organization for federal tax purposes as set out in Section 501(c)(3) of the federal Internal Revenue Code.
(Added by Ord. No. 6777 (N.S.), effective 6-7-84; amended by Ord. No. 7428 (N.S.), effective 2-4-88; repealed by Ord. No. 8119 (N.S.), effective 9-3-92; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
State law reference(s)--Exemption from property taxes, Revenue and Taxation Code, § 214.
(a) The Director shall authorize the refunding of any Department of Environmental Health and Quality fee which was erroneously paid or collected when no fee was due.
(b) The Director shall authorize the refunding of any fee paid for which no service costs have been incurred. Permit application processing and any inspection or enforcement activity directed at a business is a service cost.
(c) An applicant is owed a refund, credit, fee waiver, or other relief for any fees or deposits paid when the applicant can demonstrate that:
(1) The permit issued or approval granted was rescinded due to staff error; or,
(2) The incorrect project fees were assessed due to staff error; or,
(3) An additional County permit or approval is required for the project due to staff oversight; and,
(4) No misinformation was supplied nor information withheld by the applicant which resulted in the permit rescission or initial oversight.
(d) The Director may authorize the refunding of a portion of a fee paid which is in excess of service costs incurred. Refund processing is a service cost which will be deducted from any refund request being made.
(e) Every applicant for an environmental health fee refund shall file with the Department of Environmental Health and Quality a written application with the information prescribed by said Department.
(f) The decision of the Director to grant or deny a refund is final and cannot be appealed.
(Added by Ord. No. 6778 (N.S.), effective 6-7-84; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9882 (N.S.), effective 10-19-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
Notwithstanding any other provision of this division, the fees specified in Section 65.107 shall be waived for:
(1) As funding is available, any farm employee housing or farm labor camp project for which (i) a complete application for an Administrative Permit or a Minor Use Permit was filed between July 13, 1990, and January 13, 1991 pursuant to Ordinance No. 7768 (N.S.); or was filed between April 5, 1991 and October 5, 1991, pursuant to Ordinance No. 7875 (N.S.); or was filed between October 31, 1991 and June 30, 1993, pursuant to Ordinance No. 8086 (N.S.); or was filed between July 30, 1993 and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.); or was filed between July 1, 2009 and June 30, 2014, pursuant to Ordinance No. 10003 (N.S.); and (ii) the application was approved; or
(2) As funding is available, any farm employee housing or farm labor camp project for which (i) Section 17021.5 or Section 17021.6 of the California Health and Safety Code is applicable; (ii) the Agricultural Commissioner has issued a certificate of active agricultural enterprise; (iii) the housing is not the subject of an active code enforcement action; (iv) the applicant has entered into the contract required by Section 6156 u.11 or Section 6906 d. of The Zoning Ordinance; and (v) the application was filed between July 30, 1993, and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.); or was filed between July 1, 2009 and June 30, 2014 pursuant to Ordinance No. 10003 (N.S.).
(Added by Ord. No. 7768 (N.S.), effective 7-13-90; amended by Ord. No. 7875 (N.S.), effective 4-4-91; amended by Ord. No. 7977 (N.S.), effective 10-31-91; amended by Ord. No. 8086 (N.S.), effective 7-16-92; amended by Ord. No. 8271 (N.S.), effective 7-30-93; amended by Ord. No. 8436 (N.S.), effective 9-2-94; amended by Ord. No. 8574 (N.S.), effective 9-15-95; amended by Ord. No. 9021 (N.S.), effective 5-14-99; amended by Ord. No. 9647 (N.S.), effective 6-18-04; amended by Ord. No. 10007 (N.S.), effective 10-16-09; amended by Ord. 10927 (N.S.), effective 1-10-25)
In any fiscal year in which the Board has appropriated funds to the department to fully offset the specified fee waiver provided for under this section, and notwithstanding any other provision of this division, the fees for new construction layout/ percolation test and onsite wastewater system permits otherwise specified in Section 65.107 (g)(5)-(6) shall be waived for an applicant who is building an accessory dwelling unit located on a lot with an existing single family dwelling when public sewer is not available. If sufficient funds are appropriated for FY 18-19, any such fees paid on or after January 9, 2019 may also be refunded. These permit fee waivers and refunds shall not apply to annual operating permits for on-site wastewater treatment systems requiring monitoring, as provided for in Section 68.334.
(Added by Ord. No. 10590 (N.S.), effective 3-1-19; amended by Ord. 10927 (N.S.), effective 1-10-25)