Part 1

GENERAL PROVISIONS

Sections:

• 1.17.010 Waiver of fees.

• 1.17.015 Waiver of costs associated with requests for public records.

• 1.17.020 Failure to pay permit fees.

• A. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 1.04.140 of this title.

• B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

• (Ord. 24725.)

• 1.17.030 Refund of fees based on clerical error or arithmetic miscalculation.

• 1.17.040 Refund of fees based on withdrawal of permit application.

• 1.17.050 Correcting erroneous or omitted assessments.

Fees, deposits, bonds or charges for permits, licenses, activities or services provided for by this

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GENERAL PROVISIONS

In responding to a request for records pursuant to the California Public Records Act, each council appointee or his or her designee, upon a determination that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester, may waive the direct cost of duplication or the cost of programming and computer services necessary to construct a record as such waiver is specified in the schedule of fees and charges, as may be amended from time to time. (Ord. 29002.)

Unless otherwise provided in this code, the failure to pay a fee, to post a bond or make a deposit required by this code in connection with a permit or license, within thirty days after notice that such fee, deposit or bond is due, shall render such permit or license void.

(Ords. 21383, 26171.)

• A. The director of finance may refund an overpayment of any fee, deposit or charge collected pursuant to this code for a permit, license, activity or service provided by this code when such overpayment was made because of a clerical error or arithmetic miscalculation of the amount due and such error or miscalculation has been demonstrated to the satisfaction of the director.

• B. No such refund shall be granted unless either:

  1. A written claim for refund, setting forth the grounds upon which such claim is

made, is filed with the director of finance within sixty days of the payment of such fee, deposit or charge; or

2. A city audit of receipts uncovers the error or miscalculation, in which case the refund shall be initiated by the director of finance.

• C. A permit refund fee, set forth by the schedule of fees established by resolution of the city council, may be deducted from the refund of an overpayment of any fee, deposit, or charge if the director of finance determines that the overpayment was made due to an error or miscalculation by the party or applicant to whom the refund is payable.

(Ords. 22079, 26171.)

• A. Unless a fee, deposit or charge is specifically made nonrefundable by this code or by the schedule of fees established by resolution of the city council, the director of the department responsible for issuance of a permit may refund any fee, deposit or charge for such permit, minus a deduction for the permit refund fee set forth in the schedule of fees, when the director determines that the application for such permit has been withdrawn prior to the initiation of processing of the application by the city.

• B. No such refund shall be granted unless a written claim for refund is filed with the director of the department responsible for issuance of the permit within sixty days of the request for withdrawal of the application for such permit.

• C. A permit refund fee, as set forth by the schedule of fees established by council resolution, shall be charged by the director of the department responsible for issuance of the permit, and shall be deducted from the amount of any refund of any fee, deposit or charge provided for by this code, unless waived in accordance with paragraph D. of this section.

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SAN JOSÉ CODE

§ 1.17.040

• D. A permit refund fee may be waived by the director of the department responsible for issuance of a permit when the director determines, to the director's satisfaction, that the applicant submitted a permit application due to an error of an employee of the city.

• (Ords. 22079, 26171.)

• A. If the director of finance determines that a fee, charge or special assessment has been erroneously assessed, in whole or in part, by the city against real property due to a clerical or computational error, and if the erroneous assessment is caused to be placed on the county of Santa Clara tax roll by the director, the erroneous assessment may be corrected by the director as follows:

  1. If the error is discovered before the delinquency date of the taxes assessed against said property, the director may issue a check payable to the county of Santa Clara for the amount of the erroneous assessment. If the director issues such a check, the director shall mail or personally deliver the check to the property owner responsible for payment of said property taxes, or to the owner's designee, so that the amount of the erroneous assessment can be submitted to the county of Santa Clara along with payment of the remainder of the property taxes. When the city receives the amount of the erroneous assessment from the county of Santa Clara, the director shall deposit such amount into the same fund from which it was paid.

  2. If the error is discovered before the delinquency date of the taxes but in insufficient time for the director to issue a check prior to such date, or if the error is discovered after the delinquency date of the taxes, the property owner shall be responsible for payment of the erroneous assess-

  • ment but may seek a refund from the director for such amount. The director shall refund the amount of the erroneous assessment to the payor upon receipt of proof of payment satisfactory to the director.

• B. If the director of finance erroneously fails to have placed on the county tax roll, in whole or in part, a fee, charge or special assessment which is authorized to be collected at the same time and in the same manner as property taxes, the director shall invoice the property owner for the amount of the erroneously omitted assessment.

• C. The procedure for correction and collection of assessments provided in this section is not exclusive but serves as an alternative to all other legal remedies the city may have to correct erroneous assessments which are placed on the county tax roll, and to collect assessments which are erroneously omitted from the tax roll.

• (Ords. 22602, 26171.)