Chapter 1.17
CORRECTIONS, ADJUSTMENTS, AND REFUNDS
Sections:
1.17.010 Intent – Governing law.
1.17.040 Administrative appeal.
1.17.010 Intent – Governing law.
It is the intent of this chapter to provide an administrative process for any person or entity seeking correction, adjustment, refund or reimbursement for any payment of any utility bill, fee, tax, assessment or other consideration for a service provided by the City and:
A. To encourage the use of administrative processes over judicial review;
B. To protect agency autonomy by allowing the City the first opportunity to apply its expertise, exercise its discretion, and correct its errors;
C. To aid in judicial review where necessary by promoting the development of facts during the administrative process; and
D. To promote judicial economy by reducing duplication and minimizing judicial involvement where appropriate. [Ord. 2014-8 § 1, 2014.]
1.17.020 Definitions.
The following words and phrases, as used in this chapter, shall be construed as defined in this section.
A. “Voluntary payment” means a payment made to the City without written protest setting forth the reasons the payment is made in protest.
B. “City” means the City of Sunnyside. [Ord. 2014-8 § 1, 2014.]
1.17.030 Time period.
Except as provided for herein, in all cases of the voluntary payment of any utility bill, fee, tax, or other consideration for a service provided by the City or any of its employees, resulting in either an overpayment or underpayment of the true amount due, whether or not the result of mistake of law, mistake of fact, inadvertence or error, such payments may be adjusted or corrected only within one year (365 days) of payment. The correction, adjustment or refund of all or any portion of such payment is barred one year (365 days) following payment to the City. Provided, in cases where the underbilling is the result of false or inaccurate information provided or procured by the customer or taxpayer, this limitation shall not apply. [Ord. 2014-8 § 1, 2014.]
1.17.040 Administrative appeal.
Any person seeking correction, adjustment, refund or reimbursement for any payment of any utility bill, fee, tax, assessment or other consideration for a service provided by the City shall, prior to any judicial action, present to the City Manager, or his designee, a written protest stating the basis upon which such correction, adjustment or refund is requested. The City Manager, or his designee, shall make a written determination on the protest within 60 days of the date of its filing with the City Clerk. All bills, fees, assessments or taxes must be remitted prior to the filing of an appeal. [Ord. 2014-8 § 1, 2014.]