HomeMy WebLinkAbout1975-08-05; City Council; 1184; CMC 3.32.030 add - Refunds1
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ORDINANCE NO. 1 1 84
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 3, CHAPTER 3.32 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF SECTION
3.32.030 REGARDING REFUNDS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: Title 3, Chapter 3.32 of the Carlsbad Municipa:
Code is amended by the addition of Section 3.32.030 to read as
follows:
"3.32.030 Refunds. (a) When not otherwise prohibited
by law, the City Council may authorize a refund of all or part of
any fee collected pursuant to the Carlsbad Municipal Code in
accord with the procedures of this section.
paying the fee shall be filed with the City Manager setting forth
the facts and reasons which justify the request.
forward it to the City Council with his recommendation.
in part if they find that:
(1) The fee was paid under a mistake of law of fac-, or
(2) The consideration for which the fee was paid has
not been received and the City has no moral claim to the money, or
(3) It is inappropriate and inequitable to retain
the fee, which in good conscience, equity and justice should be
returned, or
hardship upon the person paying the fee for which such person is not responsible.
Council, the City Treasurer shall make the refund."
(b) A written request for refund signed by the person
(c) The City Manager shall investigate the request and
(d) The City Council may grant the request in whole or
(4) A refund is necessary to prevent an extreme
(e) Upon receipt of an authorization from the City
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its adoptio:
INTRODUCED AND FIRST READ at a regular meeting of the
arlsbad City Council held on the 17th day of July , 1975,
nd thereafter
PASSED AND ADOPTED at a regular meeting of said Council
teld on the 5th day of Auqust , 1975, by the following vote,
.o wit:
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES : None Counci 1 woman Cas1 er
ABSENT: None
2TTEST :
A
il (SEAL)
2.