Los Angeles Municipal Code § 64.19 Refund of Sewer Fees

(a) Any money collected or received by the City in accordance with Section 64.11.2, 64.16.1 or 64.18 may be refunded as provided in this Subsection, or may be credited pursuant to the provisions of Subsection (b) or (e) of this Section, and not otherwise, if a verified claim in writing is filed with the City Clerk accompanied by the original receipt or certificate for the fees collected. If said receipt or certificate cannot be located, an affidavit must be filed with the claim which satisfactorily explains why it cannot be located. Such refund shall be made only on the following conditions: (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.)

1. Where payment was made per Section 64.11.2 and tract proceedings have expired or been abandoned, the claim must be filed within one year from the date said proceedings expired or where abandoned.

2. Where payment was made per Section 64.11.2 and a refund is due because the amount paid was more than that required for the developed property pursuant to Section 64.11.3, the claim must be filed after

and within one year from the date the property was fully developed.

3. Where payment was made per Section 64.16.1 or 64.18 and a house connection permit to connect improvements to the public sewer was obtained per Section 64.12 and where the house connection permit

expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled.

4. Where payment was made per Section 64.16.1 or 64.18 and no house connection permit to connect improvements to the public sewer was obtained, and said payment is not required, the claim must be filed

within one year after expiration of the building permit, as such expiration is determined by Section 98.0602 of this Code. (Amended by Ord. No. 168, 533, Eff. 3/1/93.)

5. Where payment was made per Section 64.16.1 or 64.18 and no house connection permit to connect improvements to the public sewer was obtained, the time for a plan check, including any extension, pursuant

to Section 98.0603 of this Code, has expired, and no payment is required the claim must be filed within one year after the date of such expiration. (Added by Ord. No. 168, 533, Eff. 3/1/93.)

6. (Amended by Ord. No. 171,036, Eff. 6/6/96.) Where payment was made per Section 64.16.1 for a new building and later a demolition occurs on the same lot or parcel, a refund shall be allowed for the

demolished building subject to the following:

(i) The demolition must occur within two years of the payment of the Sewerage Facilities Charge for the new building.

(ii) The written application for refund must be made within one year of said demolition and must be accompanied by proof of demolition satisfactory to the City Engineer.

The amount of the refund shall be the amount of monetary credit calculated per Section 64.16.1, Subsection (c), applicable to the demolished building at the time of sign-off of the Demolition Certificate but shall not exceed the amount of the charge which has been paid for the new building on the same lot or parcel.

7. (Former Subdiv. 6 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per Section 64.18 and thereafter a public sewer is constructed to serve such property and the property is

assessed for the construction thereof, the claim must be filed within one year from the date notice is mailed to the last address of the owner of the land that the City Council has confirmed the final assessments for said sewer.

8. (Former Subdiv. 7 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per any of the above sections and such amount was collected wholly or partially in error, or was in excess of

that required by said sections, the claim must be filed within one year from the date the error was discovered or should have been discovered by any owner of the property for which payment was made.

9. (Former Subdiv. 8 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment has been made pursuant to Section 64.11.2 or Section 64.16.1 subsequent to December 15, 1981, and sewage from the

subject property is or will be treated in the facilities of a Los Angeles County Sanitation District, the permittee or person making such payment may apply for a refund of 85% of the fee specified in Section 64.11.2 or the applicable charge specified in Section 64.11.3. The claims must be filed within one year from the date the payment is made or within one year from the effective date of the ordinance adding Subdivision 8 to Subsection (a) of this section, whichever period is longer. (Added by Ord. No. 157,145, Eff. 11/22/82.)

10. Where payment was made between May 8, 1988 and June 21, 1991, per Section 64.16.1 or Section 64.18, and the project was subsequently canceled, the claim must be filed within one year of the effective date of this ordinance. (Added by Ord. No. 168,946, Eff. 9/2/93.)

No refund shall be made of money collected pursuant to Section 64.18 hereof, which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City.

(b) The right to any refund under this Section is payable to the permittee. After the time provided in this Section to apply for a refund expires, the right to a credit for a refund runs with the land, except for credits that are issued pursuant to the provisions of Subsection (e) of this Section. (Amended by Ord. No. 182,076, Eff. 4/6/12.)

(c) Where a refund is due under the provisions of Subsection (a) of this Section or a refund credit is due pursuant to the provisions of Subsection (e) of this Section and the refund or refund credit does not exceed the sum of $25,000, the Board is authorized to make such refund or refund credit without the necessity of first receiving the approval of the City Council, and is authorized to cause a demand to be drawn on the general fund or any other fund in which the fees being refunded may have been deposited. (Amended by Ord. No. 182,076, Eff. 4/6/12.)

(d) The provisions of this section shall not relieve any person from compliance with the provisions of Sections 363, 376 and 376.1 of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law. (Amended by Ord. No. 146,426, Eff. 9/22/74.)

(e) (Added by Ord. No. 182,076, Eff. 4/6/12.) The Board is authorized to use refund credits that run with the land authorized pursuant to the provisions of Subsection (b) of this Section to offset the increases to the Quality Surcharge Fee (QSF), which increases begin on the effective date of this Subsection and are imposed pursuant to the provisions of Subdivision (4) of Subsection D. of Section 64.30, if all of the following conditions are satisfied:

1. Payment for which a refund credit is authorized was made pursuant to Section 64.11.2 or Section 64.16.1, and the current occupant of the property for which the payment was made is an SIU;

2. The SIU is also an owner of the property for which the payment was made;

3. The flow, as determined pursuant to the provisions of Section 64.11.3(f), from the property is less than the amount for which SFC payment was made;

4. The SIU can demonstrate that the reduced amount of flow identified in Subdivision 3. of this Subsection was caused by the use of water conservation practices, pretreatment of discharge, or use of

environmentally responsible practices; and

5. The SIU, at the time of submission of the written claim to the City Clerk required by the provisions of Subsection (a) of this Section, is not delinquent in payment of any monies owed pursuant to any

provision of this Article or Article 4.1.

(f) The monetary value of a refund credit that may be offset against QSF fees as authorized pursuant to Subsection (e) of this Section shall be calculated based on the rate at which the fees for which a refund is requested were paid. (Added by Ord. No. 182,076, Eff. 4/6/12.)

(g) Any refund credit that is used pursuant to the provisions of Subsection (e) of this Section to offset QSF fees will be removed from property records, and any future fee required for the property pursuant to the provisions of Section 64.11.2 or Section 64.16.1 will be calculated based on the rates in effect at the time the fee is imposed. (Added by Ord. No. 182,076, Eff. 4/6/12.)

(a) There is hereby created a fund within the Board of Public Works Trust Fund to be known as the Sewerage Facilities Fund. (Amended by Ord. No. 140,190, Eff. 5/11/70.)

(b) The Board is hereby authorized to use monies available in the Sewerage Facilities Fund in the Board of Public Works Trust Fund for financing the construction of outlet sewers for which the City is obligated by accepting charges in accordance with Section 64.11.2. (Amended by Ord. No. 140,190, Eff. 5/11/70.)

(c) The current and future unencumbered balances on completed projects in the Sewerage Facilities Fund are hereby transferred to the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code. (Added by Ord. No. 140,190, Eff. 5/11/70.)

(Amended by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Construction and Maintenance Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. All monies received from the sale of sewage derived energy shall also be deposited into the Fund as shall operation and maintenance payments received by the City from contracting agencies for sewer services provided by the City. Monies deposited into the fund shall not be subject to reversion to the Reserve Fund.

Monies deposited into the Fund shall be expended only for sewer and sewage-related purposes including but not limited to industrial waste control and water reclamation purposes and including, but not limited to, funding of the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations.

The Board of Public Works shall cause the necessary demands to be drawn upon monies approved for expenditure pursuant to the section except that expenditures for deposit into (a) the Wastewater System Revenue Bonds Funds shall be made as provided in Section 5.168.2 of the Los Angeles Administrative Code and; (b) the Sewer Operation and Maintenance Fund and Sewer Capital Fund shall be made as provided for in Sections 64.19.3 and 64.19.4 of this Code, without such demands

(Title and Section Amended by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Operation and Maintenance Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Operation and Maintenance Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, for the purpose of paying the operation and maintenance costs of the City’s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Amounts may be advanced to the Sewer Capital Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller.

(Added by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Capital Fund. All monies received as capital payments from contracting agencies for sewer services and grant receipts shall be deposited into this Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Capital Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, provided there are otherwise sufficient funds available to make that month’s transfers as required by Section 5.168.2 of the Los Angeles Administrative Code, for the purpose of funding capital projects of the City’s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Amounts may be advanced to the Sewer Operation and Maintenance Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller.