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(a) Use of Surplus Funds. After completion of facilities and the payment of all claims from any Planned Drainage Facilities Fund, the Board shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus funds shall be used, in those amounts as the Board may determine, for one or more of the following purposes:
(1) For transfer to the County General Fund; provided, the amount of the transfer shall not exceed five percent of the total amount expended from the particular fund and the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected;
(2) For the construction of additional or modified facilities within the same Local Area Drainage Plan; or
(3) As a refund in the manner provided in Subdivision (b), below.
(b) Refunds. Any surplus remaining shall be refunded in the following manner:
(1) There shall be refunded to the current owner(s) of property for which a fee was previously collected, the balance of the monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage area.
(2) Where property for which a fee was previously collected has subsequently been subdivided into more than one parcel, each current owner of a parcel shall share in the refund payable to the owner(s) of the property for which a fee was previously collected in the same proportion which the area of each individual parcel bears to the total area of the property for which a fee was previously collected.
(3) There shall be transferred to the County General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the Board of a resolution declaring a surplus, whichever is last to occur.
(c) Refunds Made in Compliance with Government Code § 66001. Subject to the provisions of Subdivisions (a) and (b), above, commencing on the fifth year after imposition of a fee for an Local Area Drainage Plan and annually thereafter, the Board shall hold a hearing with respect to any portion of the fee remaining unexpended or uncommitted five or more years, and shall refund to the then owner(s) of parcels or units in development projects within the Local Area Drainage Plan on a pro rata basis any unexpended or uncommitted fees plus interest accrued thereon, for which the Board is unable to demonstrate a reasonable relationship between the need for the fee and the purpose for which it was charged. When applicable, refunds shall be made in compliance with Government Code § 66001.
(Ord. 4011, passed - -2007)