Calabasas Municipal Code Ch. 3.38 Refund of Department Fees

No claim for a refund of department fees shall be allowed in whole or in part unless filed with the city clerk within the earlier of (1) twelve (12) months from the date of expiration of the permit/application or of any extensions granted by the department, or (2) twelve (12) months from the date of any department or commission action.

Upon request of a claimant, the City Council may make an exception to the twelve (12) month filing limitation for good cause demonstrated by a claimant. However, in no event may an exception be considered or granted if the claim was filed more than twenty four (24) months from the date of expiration of the permit/application or of any extensions granted by the department, or twenty four (24) months from the date of any department or commission action.

(Ord. No. 2016-341, § 1, 11-9-2016; Ord. No. 2017-348, § 1, 3-22-2017)

A. The head of a department in which there is collected or received for and on behalf of the city any fee, permit fee or application fee may, upon written application of the person who paid such fee, refund all or part of such payment as herein provided, and if such department head is satisfied, upon such proof as may be presented to or required by him/her, that any of the following conditions exist:

1. Where a refund is specifically authorized by the provision of law requiring payment of the license, permit or application fee.

2. Where the money is paid to secure a registration certificate, license or permit not required by law.

3. Where the amount paid was in excess of the amount required by law.

4. Where the money paid was not required by law.

5. Where the applicant for any registration certificate, license or permit has not, at any time after the commencement of the period or term during which the requested certificate, license or permit would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the certificate, license or permit was required; or where a person has filed an application or appeal and subsequently has withdrawn said application or appeal; provided, however, that the city has not made any physical inspection or examination of real property, held or conducted any hearing, performed any tests, or done any similar work, whether required or contemplated by law or not, as a result of the filing or issuance of any of the foregoing, which actions result in city costs and expenses less than or equal to five hundred dollars ($500.00); and, provided further, that the certificate, license, or permit, if the same has in fact been issued, must be surrendered for cancellation and a written request for such cancellation must be filed with the department of the city issuing the same on or before the date of refund. In case of refunds made under this subsection, the actual city costs and expenses shall be deducted and retained by the city, to a maximum of twenty percent (20%) of the amount paid, to cover clerical and other overhead costs and expenses incurred in processing the refund transaction.

B. Any requests for refunds where any registration certificate, license or permit has resulted in the city conducting a physical inspection or examination of real property, or where the city has held or conducted any hearing, performed any tests, or done any similar work, whether required or contemplated by law or not, as a result of the filing or issuance of any of the foregoing which actions result in city costs and expenses exceeding five hundred dollars ($500.00), shall require city council approval, upon such proof as may be presented to or required by the city council, that any of the following conditions exist:

1. Where a refund is specifically authorized by the provision of law requiring payment of the license, permit or application fee.

2. Where the money is paid to secure a registration certificate, license or permit not required by law.

3. Where the amount paid was in excess of the amount required by law.

4. Where the money paid was not required by law.

5. Where the applicant for any registration certificate, license or permit has not, at any time after the commencement of the period or term during which the requested certificate, license or permit would have been effective, commenced or engaged in the business or occupation, or performed any act, for which the certificate, license or permit was required; or where a person has filed an application or appeal and subsequently has withdrawn said application or appeal; and, provided further, that the certificate, license, or permit, if the same has in fact been issued, must be surrendered for cancellation and a written request for such cancellation must be filed with the department of the city issuing the same on or before the date of refund. In case of refunds made under this subsection, the actual city costs and expenses shall be deducted and retained by the city, to a maximum of twenty percent (20%) of the amount paid, to cover clerical and other overhead costs and expenses incurred in processing the refund transaction.

(Ord. No. 2016-341, § 1, 11-9-2016)

A. A claim for a refund form shall be filed with the city clerk and shall contain the following information in addition to the information given by the claimant thereon or reasonably required by the city clerk therefor:

1. The name, address, and telephone number of the claimant.

2. The type of action requested.

3. The date fees were paid.

4. Receipt/permit/reference number.

5. The grounds for the refund request.

(Ord. No. 2016-341, § 1, 11-9-2016)

A. Upon receipt of the claim for a refund, the city clerk shall notify the concerned city officials, bodies or departments that a claim for a refund has been filed and shall transmit a copy of the claim form to such officials, bodies or departments.

B. When city council approval is required, the city clerk shall prepare the necessary reports for the city council, and place the claim for a refund on the agenda for hearing before the city council within thirty (30) days of receipt of the said claim, and notify the applicant in writing of the time, date and place of the hearing not less than five (5) days before the council hearing.

(Ord. No. 2016-341, § 1, 11-9-2016)

The council shall hold a hearing at the time set therefor. The council may summon witnesses and hear evidence relating to such request, but the rules of evidence shall not apply. The council may continue the hearing from time to time. At the conclusion thereof, the council shall grant or deny such claim or make such modifications of the decision or action from with reference thereto as it may deem fit. The action of the council shall be immediately final and conclusive, and no claimant shall file another claim for the same purpose after the date of such action.

(Ord. No. 2016-341, § 1, 11-9-2016)