Ord 2004-44ORDINANCE NO. 44
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT AMENDING THE DISTRICT'S
OPERATIONS CODE WITH RESPECT TO SEWER AND TRASH CHARGE
EXEMPTIONS AND REFUNDS
WHEREAS, the Board of Directors has established a sewer and trash refund
policy which recognizes that the District cannot constitutionally make a gift of public funds
and provide refunds for sewer and trash charges that are beyond the statute of
limitations; and
WHEREAS, the Court of Appeals has now rendered a new decision, Utility Audit
Company v. City ofL Los Anger (2003) 5 Cal.Rptr.3d 520 that has established that the
Tort Claims Act applies to such refunds; and
WHEREAS, the Tort Claims Act generally requires that claims be presented within
one year of the accrual of the cause of action; and
WHEREAS, the Board does also want to make title changes to correctly reflect
subject matter;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That the title to Chapter 16.01 of the District's Operations Code shall be
amended to read:
"Chapter 16.01 - Sewer and Trash Charge Exemptions and Reductions"
Section 2. That the title to Chapter 16.02 of the District's Operations Code shall be
amended to read:
"Chapter 16.02 - Sewer and Trash Refunds"
Section 3. That Section 16.02.040 of the District's Operations Code is amended to
read:
"Section 16.02.040. Refund Policy. In light of the above, the Board does hereby
establish the following as its refund policy for sewer and trash assessments:
(a) For all claims for refunds for sewer or trash service for which a special rule (set
forth below) does not apply, refund procedures and time limitations will be governed by
the Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to,
the requirements that the claimant present a written request for a refund from the Board
within one year of the accrual of the cause of action. Refunds will be allowed if the
claimant's request satisfies the procedures of the Tort Claims Act and if the claimant
establishes that his or her claim is meritorious.
(b) 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.)
(c) 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:
(1) If the fees were collected before January 1, 1992, there is no statu+p 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.
(2) If the fees were paid after January 1, 1992, a claim must have been filed within
180 days of the date of the payment.
(3) Subsections (a) and (b) above only apply to fees collected and do not apply to
sewer assessments. (See Government Code Section 53082.)"
Section 4. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any portion
thereof and that the invalidity of any part or provision hereof shall not in any way affect the
validity or enforcement of the remaining provisions of this Ordinance that may stand on
their own.
Section 5. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law and it shall take
effect upon the expiration of one week after publication.
PASSED and ADOPTED this day of 2004.
SOcretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. 44, was duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof, held on the Stn day of
January 2004, by the following vote:
AYES: Arlene Schafer, Greg Woodside, James Ferryman, Art Perry,
Dan Worthington
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set py hand and affixed the seal of
the Costa Mesa Sanitary District, this day of 2004.
Clerk of the .6sta -Me'sa Sanitary District