San Fernando Municipal Code Div. 3 Refund of Money Received by City

Whenever any money is collected or received by the city, it may be refunded, in whole or in part, if a claim in writing therefor is filed with the city clerk within 180 days after the date of such collection or receipt. The claim shall be made on forms prescribed by the city clerk.

(Code 1957, § 2.58)

A refund under section 2-681 may be made only under the following conditions:

(1) Where a refund is specifically authorized by the provisions of law requiring payment of the money, but no refund procedure is contained in this division.

(2) Where the money was either paid by the claimant or received by the city through mistake as to the legal necessity for making the payment in order to exercise or enjoy the privilege, permission or service applied for.

(3) Where the applicant for any license, permit or service has not, at any time after the commencement of a period or term during which the requested license, permit or service would have been effective or rendered, commenced or engaged in the business or occupation or performed any act for which the license or permit was required, or received any of such service; provided, however, the license or permit has not expired prior to the date upon which the claim for the refund is made and provided, further, that the license or permit, if the license or permit has in fact been issued, must be submitted with the refund claim and canceled when and if the refund is made, unless the applicant proves to the satisfaction of the city council that the license or permit has been lost or destroyed.

(Code 1957, § 2.59)

When a claim is filed with the city clerk under section 2-681 of this division, it shall be transmitted to the head of the department which collected or received the money and to the city attorney for their recommendations, and then to the city council. The city council shall then consider such claim and recommendations and, upon finding that there exists one of the conditions specified in section 2-682, shall, by order, authorize the refund; otherwise such claim shall be denied.

(Code 1957, § 2.60)

There shall be deducted from each refund made under this division a sum equal to 25 percent of the amount otherwise refundable, not to exceed, however, a maximum of $25.00 and not less than a minimum of $3.00 to be applied for clerical and other expenses entailed by the transaction, unless the council finds that the money was collected or received primarily through a mistake of the city, when the council may determine that no deduction from such refund shall be made.

(Code 1957, § 2.61)

The city clerk shall make and transmit to the council, quarterly, a detailed report of any refunds made under this division, showing the names and addresses of the persons receiving such refunds, the amounts thereof, the type or kind of payments refunded and the reasons why such refunds were made.

(Code 1957, § 2.62)

This division shall not apply to money collected or received or to refunds provided for under any other ordinance providing a refund procedure.

(Code 1957, § 2.63)