Getting your development fee back after six years

The fees collected pursuant to this chapter shall be returned to the applicant if they have not been spent or encumbered by the end of the calendar quarter immediately following six years from the date paid; provided, that the following procedures are complied with: A. The applicant must petition the director of finance for the refund within one year following the end of the sixth year from the date on which the fee was paid. B. The petition must be submitted to the department of finance and must contain: 1. A notarized sworn statement that the petitioner is the payor or is otherwise authorized to collect the fees; 2. A copy of the dated receipt issued for payment of the fee; 3. A certified copy of a deed or other document showing current ownership or right to possession of the land on which the development was proposed; and 4. A copy of the most recent real property tax bill. C. Within one month from the date of receipt of a petition for refund, the director of finance shall advise the petitioner of the status of the fee requested for refund. For the purposes of this section, fees collected shall be deemed to be spent (encumbered) on the basis of the first fee in shall be the first fee out. In other words, the first money placed in a trust fund account shall be the first money taken out of that account when withdrawals have been made. (Ord. 3431 § 1 (part), 2007)