§ 9-46. Refundability; administrative review of request for refund or credit.

(a)

Refundability. All permit and inspection fees are nonrefundable, except as set forth herein.

(b)

Request for refund or credit. Any person who has paid a fee for a building permit or for an expedited plan review who seeks a refund or credit thereof against such fees to be paid in the future shall submit a written request thereof to the sustainable development department director within the time prescribed by law and in accordance with this section 9-46.

(c)

Completed request. The person who has paid such a fee as referenced above shall sign the request for refund or credit. A completed request shall state: (i) requesting person's name, (ii) mailing address of the requesting person, (iii) account or permit number under which the contested fee or fees were paid, (iv) the fee amount or amounts paid, (v) the date or dates upon which each such contested fee was paid, (vi) each and every reason why the contested fee should be refunded or credited against future payment of fees. The request for refund or credit against payment of future fees shall be accompanied by all documentation in support of the request and any other documentation deemed relevant to the request by the requesting party.

(1)

With respect to any request filed hereunder, the sustainable development department director shall consult with the city attorney.

(2)

Upon receipt of a request as completed above, the sustainable development department director shall ascertain whether the city collected the fee or fees being contested from the party contesting the fee and whether the request for refund or credit has been timely filed.

(3)

Consideration of the request for refund of fees shall be based on the request, the documentation submitted with the request and the city's files relevant thereto.

(d)

Consideration of request. Within forty-five (45) days following receipt of a completed request, the sustainable development department director, in consultation with the city attorney, shall determine whether all or a portion of the contested fee was excessive, the result of material error on the city's behalf, the result of material error on the part of the person contesting the fee, or the fee was not due the city, in whole or in part and whether the person contesting the fee has a valid claim for refund or credit of the contested fee.

(e)

Final order; payment of refund or credit. Upon consideration of the completed request, the sustainable development department director shall enter a final order either granting the requested refund or credit, in whole or in part, or denying the requested refund or credit within forty-five (45) days of receipt of the completed request. The final order shall recite all grounds upon which the request for refund or credit is based.

(1)

In the event the final order grants a refund in whole or in part, the final order shall be served upon the finance director who shall, as soon as is practicable, issue a check to the party requesting the refund for the amount for which refund was so ordered.

(2)

In the event the final order grants a credit of the fees against future fees, the director of the sustainable development department shall administer the credit against future fees owed by the person.

(f)

Appeal. Any person who files a request for refund or credit against future fees under this section 9-46 and who is aggrieved by the decision of the director therein may seek review of such decision in the circuit court by filing a petition for a writ of certiorari within the time prescribed by court rules.

(g)

Exclusive procedure. This section 9-46 provides the sole and exclusive procedure and remedy for a person who claims that the city has collected building permit fees or fees for expedited plan review that were not due that may be commenced or maintained on behalf of such aggrieved person, unless the person pleads and proves that he or she has exhausted the procedures set forth above. In any such action it shall be a complete defense that the city has refunded the fees claimed or credited the person's account or future accounts therewith. Such action shall be commenced no later than one hundred eighty (180) days following the person's submission of a completed request, or shall be barred. The relief available to a person as a result of the payment of building permit fees or fees for expedited plan review that were not due shall be limited to a refund of or credit for such fees.

( Ord. No. C-10-30, § 1, 9-21-10 ; Ord. No. C-17-28 , §§ 25—30, 9-13-17)