Refund of fees

(a) The fees collected pursuant to this chapter, less the administrative costs set forth in § 33A-1.7 (c), shall be refunded to the applicants in the following situations, provided that the procedures set forth in subsection (b) shall be complied with: (1) If they have not been spent or encumbered within six years from the date collected; or (2) If the building permit is revoked or withdrawn and no work was initiated thereunder. (b) (1) The applicant shall petition the department of planning and permitting for the refund within the following time periods: (A) For situations described in subsection (a)(1), within one year following the end of the sixth year from the date on which the fee was collected; or (B) For situations described in subsection (a)(2), within 30 days of the revocation or withdrawal of the building permit. (2) The form of the petition shall be prescribed by the department of planning and permitting. The petition shall contain such information as the department deems necessary to establish that the petitioner is eligible for a refund. (3) Within one month from the date of receipt of a petition for refund, the department of planning and permitting shall advise the petitioner of the status of the request for refund. For the purposes of this section, fees collected must be spent or encumbered on the basis of the first fee in must be the first fee out. In other words, the first money placed in the special account must be the first money taken out of that account when withdrawals have been made.