3-5.01    Filing of Claims

3-5.02    Conditions

3-5.03    Deductions for Expenses

3-5.01 Filing of Claims.

Whenever any money is collected or received by the City, it may be refunded in whole or in part as provided by this chapter, and not otherwise, if a claim in writing therefor is filed with the City Clerk within one (1) year after the date of such collection or receipt.

(Sec. 1, Ord. 78-022)

3-5.02 Conditions.

The refund of money claimed as set forth in Section 3-5.01 of this chapter may be made only under the following conditions:

(a)    Where the applicant for any license, permit, or service, at any time after the commencement of the period or term during which the requested license, permit, or service would have been effective or rendered, has not commenced or engaged in the business or occupation, or performed any act for which the license or permit was required, or received any such service; provided, however, that:

(1)    The City has not made any investigation, inspection, or examination, or done any similar work, whether required or contemplated by law or not, as a result of the filing of the application; and

(2)    The license or permit has not expired prior to the date upon which the claim for the refund is made. The license or permit, if the same in fact has been issued, shall be submitted when the refund is made, unless the applicant proves to the satisfaction of the official under whose jurisdiction the license or permit was issued that the license or permit has been lost or destroyed;

(b)    Where the money was either paid by the claimant or received by the City through a mistake; and

(c)    Where a refund is specifically authorized by the provision of law requiring the payment of the money, but no refund procedure is contained therein.

(Sec. 2, Ord. 78-022)

3-5.03 Deductions for Expenses.

When a claim is filed with the City Clerk, 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 Council.

For refunds of one hundred dollars ($100.00) or less approved by the department head or official, there shall be deducted from each such refund a sum equal to twenty-five percent (25%) of the amount otherwise refundable, but not less than five dollars ($5.00).

For refunds in excess of one hundred dollars ($100.00), there shall be deducted from each refund submitted to and ordered by the Council a sum equal to the administration and clerical costs entailed by the transaction as estimated by the department head or official; provided, however, such deduction shall not be more than twenty-five (25%) percent of the amount otherwise refundable or not less than ten dollars ($10.00).

There shall be no deduction for expenses if the Council finds that the money was collected or received primarily through a mistake on the part of the City.

(Sec. 3, Ord. 78-022)