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1052.07  TITUS-PITTS-HILL DRAINAGE AREA; STORM SEWER SYSTEM CONSTRUCTION FUND.
   (a)   Owners of all unimproved residential real property in the Titus-Pitts-Hill Drainage Area shall, upon development of said property, pay a storm sewer tap-in fee per dwelling unit as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.  Should there be more than one dwelling unit per building or lot, said fee shall be charged for each dwelling unit, up to and including 2.5 units per acre.
(Ord. 22-98.  Passed 1-26-98.)
   (b)   Owners of all unimproved commercial and industrial real property in the Titus-Pitts-Hill Drainage Area shall, upon development of said property, pay a trunk storm sewer capacity fee as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
   (c)   The fees established in subsections (a) and (b) hereof shall be collected by the Building Inspector, who shall keep accurate records of all fees so collected.  Any determination in regard to the interpretation of this section shall be made by the Avon Lake City Council.
   (d)   The Avon Lake City Council shall develop its own policy as deemed necessary for the enforcement of this section and the collection of said fees.
   (e)   The fees established in subsections (a) and (b) hereof are based upon current construction costs, and, in order that these fees be kept current, the Avon Lake City Council shall adjust them yearly by multiplying them by the first Cleveland Construction Cost Index figure published after January 1, 1996, and every year thereafter, divided by 6014.17, which is the current Engineering News Record construction cost of Cleveland.
   (f)   The tap-in fee established in subsection (a) hereof shall apply to present unimproved real property upon which buildings are constructed after the effective date of this section (Ordinance 214-96, passed November 25, 1996).  It shall also apply to unimproved real property upon which buildings are currently under construction, but without occupancy permits having been issued therefor on the effective date of this section.  Existing improved real property shall not be charged such fee.
   (g)   There is hereby established a Titus-Pitts-Hill Storm Sewer Construction Fund into which all fees collected under this section shall be deposited, and upon which all interest on said funds shall accrue.  Said Fund shall only be used for construction of the storm sewer from Lake Erie to the detention basin behind the Avon Lake Service Garage, and as indicated in the 1996 update of the Master Plan for Storm Sewers.
   (h)   The fees established in subsection (a) and (b) hereof may be paid at any time prior to the improvement of such real property, but shall be paid prior to the purchase of a building permit, and the same is hereby made a condition of the issuance of an occupancy permit.  In those situations, and only those situations, where unimproved property has buildings under construction on the effective date of this section (Ordinance 214-96, passed November 25, 1996), the fees shall be paid prior to the issuance of an occupancy permit and shall be made a condition of the issuance thereof.
   (i)   The fees established in subsections (a) and (b) hereof shall apply to all improvements, regardless of whether such improvements are connected to a storm sewer or not. 
(Ord. 214-96. Passed 11-25-96.)
   (j)   Prior to August 15, 1997, a property owner may request that the payment of the tap-in fee charge be paid over a period of twenty-five years, through the County Auditor's office, as a lien to be placed upon the property.
   The lien amount for acreage shall be as set forth in Section 208.01(g)(5)C. of the Administration Code.
   If a lien has been placed upon a property, and requested units for that property exceed the number of units so liened, then the property owners shall pay for the additional units as stated in Section 208.01(g)(5)A. and B. of the Administration Code.
(Ord. 137-97.  Passed 7-14-97.)