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Home My WebLink About1979-04-17; City Council; 5824; Request for Refund Bruce M EvansCITY OF CARLSBAC AGENDA BILL NO._.....;,,,~"-----J7_:J.""""-'f _______ _ DATE: April 17, 1979 -------------------- DEPARTMENT: City Manager ------------------- Subject: REQUEST FOR REFUND -BRUCE M. BVANS Statement of the Matter Initial: Dept.Hd. !, ; f ,£ c. Atty. Vf/3 C. Mgr.+ M1:. Bruce M. Evans has requested a refund in the amount of $2,442.00 for school fees (San Dieguito Unified School District) paid by him on March 7, 1979, in order to obtain a building p~rmit for a duplex he is building at 2447/2449 Levante Street. Hr. Evans contends that since a building permit had been issued c.•riginally on March 3, 1978 for a duplex at this location, the=e was a residential development in progress and the school fee was paid under a mistake of law of fact and is creating a financial hat·dship. In accordance with Section 3.32.030, Refunds, the City Nanager requested staff to investigate and report back. 'l•he background information is attache~ as an exhibit. Exhibit Letter f-:om Bruce M. Evans dated March 16, 1979 section 3.32.030, Refunds Memo to City Manager from Assistant Ci.ty Manager dated 4/10/79 Recommendation Council may grant the ~equest if they find that: l. The fee was paid unde~ a mist"ke of law of fact; or 2. A refund is necessary to p~event an extreme hardship upon the person paying thu fee for which such person is not responsible. Council Action: 4-17-79 Council denied the request for refund. Bruce M. t,:vans 230 Hest 11 J 11 st. Bncinitas, CA. 92024 City of Carlsbad Finance Depnrtr!lent 1200 Elm Avenui: Carlsbad, CA 92008 !-!arch 10, 1979 De.•ir Sirs: I wouJd like to re,1uest o refund L1 tbe a·-iount of ~2,41~2.oo pa.id for '·lY school fees on March 'I, 1979. request for a ref1.md is bns1➔d or: the folJowtne considerations: 1 • Tho fee WclS r,aid under n mist.nke of lnw nnd fnct. The lnw is tt,e "School Faci 1 i \:ies l)ed:tcntion and Foo Ordinanco11 , pRraernph 21.5'5:.290-Resldentinl deveJonments in tirocess--exl'lmotod. Ros!den ~i.ell developmE>nts for which the only City upi,r·ovn1s roquirod r-lre ::t r.1•odine permit or buildine permit, nre e;-:ompt from tho provlsions of this chnpter provided tho ripplicnt~cn for such gradin•; t)ermit or buildinr. r-er •11t hns heen acceptr:•d by tho City as comple- t,, and w:::,.s on file• uith the C:I. tr ,_)n Septt~mher 5, 1973. The f:ict is that there 1,: ~: f, huildinr, permit C178-l~138) on filo 11s t;pfJr,,vc,c1 hy the C:itr an :-!ar·ch 3, 1978. 2. Since the lf\W e:x.ompt.s dovtjlopr10nt~. in proce>ss nnJ I cl0nrly h,d ~ dev0lopM~nt in process, it is l1mppropri~tc to rntain th0 fee. On ?ebruary 1~-, 1?'19 l sv:, ilttod to th•:-Ctt~· tlw 1wcot:snrr drm1inr,? to chnor;o t.ho f]ool' pl;w i)f the dc•v,.,loll.C 1l'llt. It •.-ins 0;-:ti·er,1oly lnoqui tahlo to collP0t. this feo i1r,cn1.t~e of ;1 c 1·•nt-:0 ln th.-pl[)ns. Ho'.Jt'V<:r·, i.r,c·1~tr.,, (')f :n, :tdr,iinistrn- tivo docision it wns <leci(1cd ttiut I did nnt. iir,v,~ 't dt"'"elop- raont in pl oc.,,ss 1:in:,'r,10:i:·o. • :en '.'!h0re clld r,1;• <lnv0lop·1tnt,c;o'i' I \{~•s ln the i•1•oce:::-s of bulld1nt: u duolex, hn,· nn approved buildir1r fh1t'r•,j t. nnd S0i•!('l" l!onnec tl0n ·•r..u <loci<lod tt' ch:in.:;0 tho 1ur of trw building, It ls s tilJ ti dttple~: dc-vt>lo;,ment ! Cf•.11 on:, public :i.t~encr tn :::ood consciEm(H>, not. to riention jttsti,~o c;;. l'.'~b n citizen . •2,1l-4?.00 fN chanrlne thoix· rdnd? Page 2 of 2 3. This fee is causing me finnncfal hardship. I had alread~r paid for the building perr1i ts. I did expect to pay a re- sonable fee to have my plans ch:.nee checked over. NowhC>re in my finacial plans uas I prepaired to pay nn extra ''.;2 l~l1-2 .oo fee. Nor did I expect to pay since ! had a de- veioprnent in process. This fee has been caused by an ad- ministrative mistnJce for which I am not responslble. Gentelrr.en, in consideration of tho a1,ove polnts I ask for relief from this fee. Sincerely Yours, ~~~~vO 3ruce 1-1. Evnns C 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. (b) A written request for refund' sigaed by the person paying the fee shall be filed with the city manager setting forth the facts and reasons which justify tlie request. (c) The city manager sh,:1.ll investigate the request and forward it to the city council with his recommendation. (d) The city council may grant the request in whole or in part if they find that: (1) The fee was paid under a mistake of law of factr 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 f€le, which in good conscience, equity and justice should be returned; or (4) A refund is necessary to prevent an extreme hard- ship upon the person paying the fee for which such person is not responsible • . (e) Upon receipt of an authorization from the city coun- cil, the city treasurer shall make ~he refund. (Ord. 1184 §1, 1975) •. DATE: APRIL 10, 1979 TO: CITY MANAGER FROM: Assistant City Manager SUBJE 1:'.'T: REQUEST FOR REFUND -BRUCE M. EVANS Per your request, I have checked with the Planning and Building Departments regarding the circumstances which initiated the decision that Mr. Evans be required to take out a new building permit on the duplex to be constructed at 2447/49 Levante Street. This, in turn, resulted in the collection of school fees in accordance with the School Fee Ordinance adopted November 7, 1978. On March 3, 1978, Sam H. Adam obtained a building permit for a duplex at 2447/49 Levante Street. On July 5, 1978, Mr. Adam renewed his permit. Sometime between July 5, 1978 and March 6, 1979, Mr. Adam sold the property and plans to Bruce Evans. Mr. Evans made certain changes to the duplex plans and submitted them for plan check on February 14, 1979. In checking the plans, Planning and Building made a determination that sufficient changes had been made to the original plans to warrant a new building permit. As a result of the issuance of a new building permit to Mr. Evans, school fees were collected in the amount of $2,442.00 in accordance with the School Fee Ordinance adopted November 7, 1978. The original plans were for a two story duplex; the plans submitted by Mr. Evans were for a one story duplex. Since the plans were in no way similar, it was determined that significant changes had been to constitute, if effect, a new plan. K-'/ 1~/1 WILLIAM C. BALDWIN Assistant City Manager WCB:ldg April 18, 1979 Bruce M. Evans 230 West 11 J" Street Encinitas, CA 92024 Re 1 ~QUEST FOR REFUND OF SCHOOL FEES PAID For Building Pe-rmit -2447/2449 Lavante Street The Carlsbad City Council, at their Regular Meeting of April 17, 1979, denied the above-referenced request. Council action was based on their concurrence that substantial changes had been made to the original plans which merited ttie requirement of a new building permit and collection of the appropriate school fees, 'LEE RAUTENKRANZ, City Clerk LR:adm