§ 13.01.060. Review of unexpended road improvement fees paid.

(a)

The board shall make findings once each fiscal year with respect to any portion of any road improvement fee remaining unexpended or uncommitted in a capital facilities account or fund five or more years after deposit of the fee. The board shall identify the purpose to which the fee is to be put and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this subsection of this section need only be made for moneys in the possession of the county, and need not be made with respect to letters of credit, bonds, or other items given to secure payment of the fee at a future date.

(b)

The county shall refund to the then-current record owner or owners of the new development project or projects on a prorated basis the unexpended or uncommitted portion of the road improvement fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to this section. The county may refund the unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of road improvement fees, or by any other means consistent with the intent of this section. The determination by the board of supervisors of the means by which those fees are to be refunded is a legislative act.

(c)

If the board of supervisors determines that the administrative costs of refunding unexpended or uncommitted road improvement fees pursuant to this section exceed the amount to be refunded, the board of supervisors, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the new development project, may determine that the said fee shall be allocated for some other purpose for which road improvement fees are collected and which serves the new development project on which the said fee was originally imposed.

(Ord. 2379 § 1 (part), 1988)