Chapter 8.03 RESOURCE MANAGEMENT AGENCY FEE WAIVERS AND REFUNDS

8.03.010 Scope.

8.03.020 Waiver of fees--Procedure.

8.03.030 Refund of fees--Procedure.

8.03.010 Scope.

This chapter shall apply only to fees required to be paid to the resource management agency or its subordinate departments as part of any application for a permit or project. (Ord. 618 § 1(part), 2007).

8.03.020 Waiver of fees--Procedure.

A. All requests for waiver of fees shall be submitted in writing to the department with responsibility for processing the underlying application. The request for waiver of fees shall list the form of the entity seeking the refund (individual person, partnership, corporation, limited liability company, etc.), whether the entity operates for profit or as a nonprofit entity, and the specific justification for the request.
B. The board of supervisors delegates its authority to grant or deny requests for waiver of fees up to one thousand dollars to the director of the resource management agency, whose decision shall be made in accordance with the criteria established by this chapter. An applicant who is dissatisfied by the decision of the director may appeal that decision to the board within fifteen days by requesting an appeal through the secretary of the resource management agency. The appeal shall be handled as a request for waiver of fees directly to the board of supervisors pursuant to this chapter.
C. When a request for waiver of fees is received, and the fees exceed one thousand dollars, the underlying application shall be deemed incomplete and project processing shall not begin until the request is heard at a formal hearing and a waiver of fees is granted or denied by the board of supervisors. The time limits for processing an application shall be tolled while the request is processed and heard.
D. All hearings for waiver of fees shall be held within thirty days of the filing of the request. Failure to hold a hearing within thirty days shall not constitute consent to waiver of fees. Notice shall consist of listing the hearing on the regular agenda of the board of supervisors, with posting of the agenda as provided by the Ralph M. Brown Act (Government Code Section 54950 et seq.).
E. All hearings for fee waivers shall be conducted as provided in Chapter 8.02 of this code.
F. No fees will be waived, or reduced without a formal written finding by the board of supervisors that:
1. The contribution of the project would benefit the whole community and imposing the fee would constitute a hardship which in turn would reduce the benefit to the county;
2. The public interest would be served by waiving or reducing the fee. (Ord. 618 § 1(part), 2007).

8.03.030 Refund of fees--Procedure.

A. If an applicant withdraws an application for a permit or project, the applicant may apply in writing to the resource management agency director for a partial refund of fees paid as part of the application process. No refunds will be made without filing a written request which describes the project or permit applied for.
B. Upon receipt of the refund application, the director shall refund either:
1. A maximum of fifty percent of the submitted fee(s); or
2. The original fee, minus processing costs to date; whichever, in the discretion of the director, ensures the recovery by the county of its actual costs.
C. The director shall send a written decision to the applicant within thirty days of receipt of a written application for refund.
D. Only the applicant shall have the right to appeal the director’s decision to the board of supervisors. The appeal shall be filed in writing with the receipt of the director’s decision.
E. All hearings on appeals of the director’s decision shall be conducted within thirty days of filing and appeal, but failure to hold a hearing within thirty days shall not constitute consent to a refund. Notice of the appeal shall be through posting on the regular agenda of the board of supervisors, as provided by the Ralph M. Brown Act (Government Code Section 54950 et seq.).
F. All appeal hearings for fee refunds shall be conducted as provided in Chapter 8.02 of this code. (Ord. 618 § 1(part), 2007).