Reso 1996-584e.
RESOLUTION NO. 616
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, COUNTY OF
ORANGE, CALIFORNIA, ESTABLISHING A
COMPREHENSIVE POLICY FOR SEWER AND TRASH
REFUNDS
RECITALS
WHEREAS, the Board assesses properties within the District boundaries and adjacent
areas served by contract by means of an assessment report which attempts to accurately identify
and assess parcels for sewer and trash collection services; and
WHEREAS, said assessment reports do not establish such assessments with complete
accuracy despite staff's best efforts to do so; and
WHEREAS, there are statutes of limitations that apply to such refunds which preclude
claims that are not filed in a timely manner; and
WHEREAS, it would be a gift of public funds in violation of the California Constitution
for the Board to refund money for which the statute of limitations has expired; and
WHEREAS, the Board of Directors does hereby desire to establish a new refund policy
and to supersede District resolutions and other actions that are inconsistent herewith so that
sewer and trash refunds are governed by this resolution;
NOW, THEREFORE, the Board of Directors does hereby RESOLVE as follows:
1. For all claims for refunds for sewer or trash service for which a special rule (set
forth below) does not apply, refunds will be allowed if the applicant establishes that his claim
is meritorious for three years from the date of Board action on the refund application. (See
Code of Civil Procedure Section 338.)
2. For amounts "paid under protest ", refunds may be allowed for up to four years
provided that the procedures of the Health and Safety Code and Revenue and Taxation Code
were followed. (See Health and Safety Code Section 5472; Revenue and Taxation Code Sections
5097 and 5140 et seq.)
3. Persons who have paid sewer service fees but who have received no service and
have not been connected to the District's system shall be eligible for a.refund depending on
when the fees were collected as follows:
r:.
a) If the fees were collected before January 1, 1992, there is no statute of limitations
and the claimant may submit a claim for such amount that he can prove that he
paid and for which he received no service.
b) If the fees were paid after January 1, 1992, a claim must have been filed within
180 days of the date of the payment.
C) Subsections (a) and (b) above only apply to fees collected and do not apply to
sewer assessments. (See Government Code Section 53082.)
4. This Resolution will supersede prior resolutions that are inconsistent herewith and
shall specifically supersede those inconsistent provisions of Resolutions 94 -543 and 94 -547.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District
at a regular meeting thereof held on the / day of 1996.
ATTEST:
Pa
jesident
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, FLORINE T. REICHLE, Clerk of the Cost Mesa Sanitary District, hereby certify that
the above and foregoing Resolution No. 9l -.s el , was duly and regularly passed and adopted
by the said Board of Directors at a regular meeting thereof, held on the lam- day of
g4e::� , 1996.
Clerk of the District
Costa Mesa Sanitary District
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