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AB-3729 Fees: refunds.(1989-1990)

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Assembly Bill No. 3729
CHAPTER 299

An act relating to fees.

[ Filed with Secretary of State  July 17, 1990. Approved by Governor  July 16, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3729, Chandler. Fees: refunds.
Existing law permits a county, city, city and county, or other local agency to charge various zoning and permit fees, including building permits, but requires that the fees not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by a popular vote of 2/3 of those electors voting on the issue.
This bill would permit the County of Nevada to refund the amount of building permit fees collected in the 1986–87, 1987–88, and 1988–89 fiscal years which exceeded the actual cost incurred by the county building department for its regulatory activities, as specified. This bill would provide that if the county elects to refund these excess fees, it would be required to publish notice thereof, as specified, and give claimants one year from the completion of the publication of that notice to file for refunds. This bill would declare that, if implemented, it would provide the exclusive remedy with respect to any person submitting a claim pursuant to this procedure for reimbursement for excess fees paid during those fiscal years.
This bill would state that the Legislature finds and declares that due to the unique circumstances concerning the excess charges for building permit fees relating to the County of Nevada, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that during the 1986–87, 1987–88, and 1988–89 fiscal years, administrative errors were made within County of Nevada in the collection of building permit fees, that these errors were inadvertent during a particularly active period of construction within the county, and that overpayments of these fees may have resulted. The Board of Supervisors of the County of Nevada may refund that amount of building permit fees collected during the 1986–87, 1987–88, and 1988–89 fiscal years which exceeded the actual cost incurred by the county building department for its regulatory activities. If the board of supervisors elects to refund excess fees pursuant to this act, it shall adopt a resolution establishing the terms and conditions of the refund, including the disposition of any unclaimed fees. The county shall first mail the notice of the resolution to each person who paid the excess fees and then shall publish the same notice in the manner provided for in Section 6064 of the Government Code, which notice shall be completed by March 31, 1991. The county shall determine the actual costs for providing the related service. The county’s refunding costs shall not exceed building permit fee revenues collected during the fiscal years prescribed in this section. “Refunding costs” as used in this section, means all costs associated with the issuance and enforcement of building permits during the fiscal years covered by this act and the calculated amount of total refunds. No refund shall reduce the claimant’s permit fee below the actual costs of providing the related service as determined by the county. If the county determines it is necessary, it may prorate refund payments. The claim shall be made under oath by the person who paid the fee, his or her guardian, executor, or administrator. All claims shall be filed with the county no later than March 31, 1992. Within 90 days after this deadline, the county shall refund the excess fees to all those persons who filed a valid claim pursuant to this section. If implemented by the County of Nevada, this act shall provide the exclusive remedy, with respect to any person submitting a claim pursuant to this act, for the reimbursement of amounts of overpayment of building permit fees which may have occurred during the 1986–87, 1987–88, and 1988–89 fiscal years.

SEC. 2.

 Due to the unique circumstances concerning the excess charges for building permit fees relating to the County of Nevada, as described in Section 1 of this act, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.