A. Payment of Fees. The Fire District Impact Fee shall be paid either to the County or to the Participating Fire Protection District at the following times:
1. If a Building Permit or manufactured/mobile home installation permit is required, then before or at the time the permit is issued;
2. If no Building Permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
3. At such other time as the Fee Payer or Developer and the Fire District have agreed upon in writing with notice to the County.
B. Enforcement. When any Fire District Impact Fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a Fee Payer and the Participating Fire Protection District, and such Fire District Impact Fee has not been paid in a timely manner, the County may exercise any or all of the following powers as applicable to its authority, in any combination, to enforce the collection of the Fire District Impact Fee:
1. Withhold Building Permits, manufactured home installation permits, or other County Development Approval related to the Development for which the Fire District Impact Fee is due until all Fire District Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a Building Permit;
2. Withhold utility services from the Development for which the Fire District Impact Fee is due until all Fire District Impact Fees due have been paid;
3. Add interest to the Fire District Impact Fee not paid in full at the legal rate provided for in Idaho Code § 28-22-104, as it may be amended, plus five percent (5%) beginning on the date at which the payment of the Fire District Impact Fee was due until paid in full;
4. Impose a penalty of five percent (5%) of the total Fire District Impact Fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Fire District Impact Fee was due until paid in full; and
5. Impose a lien pursuant to the authority of Idaho Code § 67-8213(4) for failure to timely pay a Fire District Impact Fee following the procedures contained in Idaho Code Title 45, Chapter 5.
C. In the event a Fire District Impact Fee is paid to the Participating Fire Protection District, then the Fire District Administrator shall immediately notify the County of said payment.
D. All Fire District Impact Fees paid to the County shall be transferred to the Fire District Administrator on a once-a-month basis. (Ord. 904, 12-18-2019)
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