§ 12.04.150. Claims when payment erroneously made.

A.

The amount of any charge or any portion of the amount of any charge made a lien on property pursuant to the provisions of this chapter, 1. which has been or shall be paid more than once, or 2. which has been or shall be erroneously or illegally collected, or 3. where an amount in excess of the amount chargeable has been or shall be paid, or 4. where the amount charged was not chargeable to the person or the property of the person paying the same under the provisions of this chapter, by reason of a mistake or clerical error of the officers or employees of the city, may be refunded to the person entitled thereto by order of the legislative body of the city, in the same manner and to the same extent and under the same provisions as now or hereafter provided by law for the refunding of payment of general city taxes.

B.

At any time after the assessment book for general city taxes has been received by the city assessor, tax and license collector, the owner of any property affected by charges herein made a lien on said property, may claim that the same is void in whole, or in part, and may pay the charges under protest, which protest shall be in writing and shall specify whether the whole of the charges is claimed to be void, or if a part only, what portion, and in either case the grounds upon which the claim is founded. When such charge is so paid under protest, in no case shall the payment be regarded as a voluntary payment, and such owner may at any time within 6 months after such payment file suit to recover the same in the same manner as is now or may hereafter be provided in Section 3819 of the Political Code of the state of California.

(Ord. 3665 § 14, 1942)