Title
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $500.00 to Donna Lynn Buchholz, which is a refund of the deposit for the preparation of written Findings of Facts for Assessment Appeals Application No. A2015-00197, which was resolved via stipulation on October 14, 2016; and
b. Authorize the Auditor/Controller to issue a refund in the amount of $500.00.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $500.00 to Donna Lynn Buchholz, which is a refund of the deposit for the preparation of written Findings of Facts for Assessment Appeals Application No. A2015-00197, which was resolved via stipulation on October 14, 2016; and
b. Authorize the Auditor/Controller to issue a refund in the amount of $500.00.
SUMMARY:
On November 9, 2015, the Application for Changed Assessment Number A2015-00197 was filed in the office of the Clerk of the Board by Pamela H. Silkwood, representing Donna Lynn Buchholz. The attorney for the applicant submitted a $500.00 deposit for preparation of written Findings of Fact at the time of filing the application. Pursuant to the Board of Supervisors' order date July 31, 2001 and Rule 9 of the Rules of Procedure of the Monterey County Assessment Appeals Board (AAB), the AAB charges a fee of $125 per hour to cover the cost of writing Findings of Fact, if the matter goes to hearing and if written Findings of Fact are requested; a deposit of $500 against the full cost is required prior to the close of the AAB hearing on the application.
DISCUSSION:
Prior to the hearing in this case, the applicant and Assessor's office agreed to a stipulated value, and hence, no hearing occurred and no Findings of Facts were prepared. Accordingly, the deposit must be refunded.
The Clerk of the Board of Supervisors has no authority to refund the fee, and therefore requests the Board to authorize the Auditor to refund t...
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