Vacant Residential Unit Refund

On April 8, 2008, the Board of County Commissioners posted Ordinance 08-22, providing a mechanism whereas certain residential properties can receive a refund of the Lealman Solid Waste District Assessment.

The ordinance defines a Vacant or Vacancy as Residential Unit which is uninhabited or lawfully utilized for a nonresidential purpose.

Section 114-361 Refunds for Vacancy, is hereby created to read as follows:

1. A Residential Unit which has been Vacant for the entire fiscal year, January 1 through December 31, may apply for a refund of the special assessment paid, provided that the Residential Unit has generated no Residential Waste during the period of Vacancy.
   
   
2. An owner who seeks a refund pursuant to paragraph (a) shall file an application supplied by the County no later than March 31 of the following year for which the refund is sought. Such application shall be notarized and filed by the owner with the County Administrator or his designee and shall be under oath. Failure to file the application within the time permitted shall be deemed to be a waiver of the right to seek a refund pursuant to this section. The application shall contain the following:
   
   
   1. The name and address of the owner;
   2. The address and legal description of the Residential Unit for which the refund is sought;
   3. Certification that the person or entity seeking the refund was the owner of the Residential Unit for the entirety of the Fiscal Year for which refund is sought;
   4. Proof of payment of the special assessment for the fiscal year for which the refund is sought and the amount of such payment including any applicable discounts;
   5. The period for which the Residential Unit was Vacant:
   6. Certification that the Residential Unit is not claimed as homestead on the applicable tax roll;
   7. Such objective evidence as would indicate in the sole determination of the County Adminsaitrator or his designee that such Residential Unit was Vacant; and
   8. That no Residential Waste was generated from such Residential Unit during the period of Vacancy.
      
      
3. For the purposes of subsection (b) above, "objective evidence" requires at a minimum, Confrimation from the electrical utility serving the area of electrical service for the Residential Unit of low electrical use usually averaging less than 400 kwh per month.
   
   
4. The submittal of an application for refund of the special assessment pursuant to this section constitutes consent for County inspectors to enter the property and inspect the interior and exterior of the Residential Unit to the extent reasonable necessary to determine the veracity of representations made in the application. Refusal to admit County inspectors upon reasonable notice, for the foregoing purposes, shall result in denial of the application with prejudice.
   
   
5. County inspectors may enter and inspect Residential Units, interior and exterior, and perform other investigation, including but not limited to interviews with neighbors or review of utility records, to verify the statements made in applications for refund as may be necessary in the sole judgment of the County Administrator.
   
   
6. If the application meets the requirements of this section, inspections may be performed pursuant to this section. The District shall refund from District funds to the owner an amount equal to the special assessment, net of any applicable discount, paid for the fiscal year for which the Residential Unit was Vacant.

Refund Request Form

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