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provisions of this chapter. However, any board or cu~u~Lission <br />may, with respect to any individual application or appeal sub- <br />mitted to it, by simple motion elect to proceed by use of the <br />hearing officer procedure established herein. When such elec- <br />tion has been made, the board or commission shall act in the <br />manner prescribed for the city council and the secretary of the <br />board or commission shall act in the manner prescribed for the <br />clerk of the council. <br /> <br /> SECTION 2: Sec. 16-59 of the Santa Ana Municipal Code is <br />hereby amended to read as follows: <br /> <br />Sec. 16-59. Same - Correction of error. <br /> <br /> (a) Any assessment erroneously made may be cancelled or <br />reduced so as to correct any error, and the tax paid on account <br />thereof, not including any penalties or interest, may be refunded <br />to the person who paid the same, in accordance with the following <br />procedure: <br /> <br />(1) <br /> <br />A claim of error may be filed with the clerk of the <br />council at any time before the expiration of one year <br />following April 10th of the tax year in which such <br />assessment appears or would first appear on the tax <br /> ~11 for the affected property. Such claim shall be <br />in writing, in such form and detail as shall be required <br />by the clerk of the council, and shall be verified. <br /> <br />(2) <br /> <br />Any claim filed shall be forwarded to the designated <br />officer for review and report to the city finance direc- <br />tor. If the designated officer shall determine that <br />such assessment was erroneously made, in whole or in <br />part, the city finance director shall request the county <br />board of supervisors to direct the county auditor-con- <br />troller to correct the tax rolls as to the affected <br />property by removing or reducing the erroneous assess- <br />ment, and the direction of the city finance director <br />shall be authority for the auditor-controller so to <br />correct the tax rolls. If such assessment shall have <br />been paid, the part determined to be erroneously levied <br />shall be refunded to the person who paid the same, by <br />the city finance director. In lieu of proof otherwise, <br />the city finance director may presume that the person <br />to whom the abatement cost was assessed were the persons <br />who paid the same; <br /> <br />(3) <br /> <br />Any claimant whose claim is not favorably acted upon <br />in whole or in part within sixty (60) days after the <br />filing of the same, or whose claim is denied, in whole <br />or in part in writing, by the city finance director, <br />may, within ten (10) days after such denial or after <br />the expiration of such period, appeal such denial or <br />failure to act favorably to the city council pursuant <br />~ Chapter 3 of the Santa Ana Municipal Code. <br /> <br />(4) <br /> <br />If the city council shall find the disputed assessment <br />~ be erroneous in whole or in part it may direct the <br />city finance director to correct the assessment accord- <br />ingly, to cause the tax rolls to be corrected, and to <br />make a refund of any portion of the assessment paid, <br />all in the manner as hereinabove provided for such <br />corrections and refunds; <br /> <br />4 <br /> <br /> <br />