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by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the service supplier to its registered agent for service of process in the State of California. The service supplier may within 10 days after the serving or mailing of such notice make application in writing to the Finance Director for a hearing on the amount assessed. If application by the service supplier for a hearing is not made within the time prescribed, the fee, interest and penalties, if any determined by the Director shall become final and conclusive and immediately due and payable. If such application is made, the Director shall give not less than 10 business days' written notice in the manner prescribed herein to the service supplier to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such fee, interest and penalties. At the hearing, the service supplier may appear and offer evidence and/or legal authority as to why the specified fee, interest, and penalties should not be so fixed. After such hearing, the Finance Director shall determine the proper fee to be remitted and shall thereafter give written notice to the service supplier in the manner prescribed herein of the determination and the amount of the fee, interest and penalties. The amount determined to be due shall be payable within 15 days. SEC.2-16-260 Refunds. A. The Finance Director shall refund any fees collected by the service supplier in excess of the above annual limit described in Section 2-16-210(B). In order to be eligible for a refund the telephone subscriber must provide a written request for the refund along with of proof of payment by the subscriber. Such claims and proof of payment must be submitted to the Finance Director within ninety (90) days of the end of the calendar year. Service suppliers are not authorized to provide refunds. B. Whenever the amount of any fee payment not provided for under Section 2-16-210(B) has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded to the fee payer provided a claim in writing stating under penalty of perjury the specific grounds upon which the claim is founded, is filed by the fee payer with the Finance Director within one year of the date of payment along with proof of payment. No refund may be made except upon a written claim verified by the person who paid the fee or by his or her guardian or conservator or the executor or administrator of his or her will or estate. C. No refund shall be paid under the provisions of this section unless the claimant established his/her right thereto by written records showing entitlement thereto. D. All claims shall further be subject to the provisions of Chapter 1-8 of the San Leandro Municipal Code relating to the presentation of claims against the City. No suit for money, damages, or a refund may be brought against the City until a written claim therefore has been presented to the City and has been acted upon or has been deemed to be rejected by the City, in accordance with this section. Only the person who ORDWANCE NO.2004-015 13