HomeMy WebLinkAbout1985-10-29; City Council; 1284; CMC 3.32.030 amend - Refunds approval procedures revision1
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1284 ORDINANCE NO.
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
AMENDMENT OF SECTION 3.32.030 TO REVISE THE
PROCEDURES FOR APPROVAL OF REFUNDS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 3, Chapter 3.32 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.32.030
to read as follows:
3.32.030 Refunds. (a) When not otherwise prohibited
by law the City Manager may authorize a refund in an amount not
to exceed one thousand dollars and the City Council may authorize a refund for an amount in excess of one thousand dollars of all or part of any fee collected pursuant to the municipal code in
accordance with the procedures of this section.
paying the fee or by the department head of the requesting
department shall be filed with the Finance Director setting forth
the facts and reasons which justify the request.
and forward the request and his recommendation to the City Manager.
thousand dollars, or the City Council, for an amount in excess of one thousand dollars, may grant the request in whole or in part
if they find that:
fact; or
has not been received and the City has no moral claim to the
money; or
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.
withdrawal of an application for a development project requiring a fee for City services including but not limited to checking of improvement plans, review of tentative tract maps, site
development plans, conditional use permits, or other similar zoning permits and building permits. The City shall retain a portion of the application fee as compensation for staff time invested in the acceptance and processing functions through the time the refund was requested. The appropriate department head
shall provide the finance director with an estimate of the
(b) A written request for refund, signed by the person
(c) The Finance Director shall investigate the request
(d) The City Manager, in an amount not to exceed one
(1) The fee was paid under a mistake of law or
(2) The consideration for which the fee was paid
(3) It is inappropriate and inequitable to retain
(4) A refund is necessary to prevent an extreme
(e) When the request for refund is based on the
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lumber of hours spent in processing any such application or
?ermit as the basis for the City's retention.
nay then authorize the refund of any remaining balance.
Director shall make the refund.
The City Manager
(f) Upon receipt of proper authorization, the Finance
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
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 22nd day of October r
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 29th day of October , 1985 by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None
AND LEGALITY
EER, Mayor
ATTEST:
2.