A water pollution control plant capacity fee assessed and levied upon the owner of premises located in the incorporated territory of the city incident to the connection of such premises to the city sewer system or a change in use of such premises may be deferred by the owner of the premises from the date of the issuance of a building permit or connection permit for the premises to a date one year from the date of the issuance of such building permit or connection permit, or to the date of the issuance of a certificate of occupancy for the premises, whichever first occurs, under the following circumstances:
A. Where the premises are or will be occupied by “persons and families of low and moderate income,” as defined in Section 50093 of the California Health and Safety Code, and the entire amount of such water pollution control plant capacity fee will be financed with a loan made by the city or the Chico Redevelopment Agency; or
B. Where the premises are or will be used for single family residential purposes and the owner of the premises, at the time of issuance of the building permit or connection permit has:
1. Entered into an agreement with the city undertaking to pay such deferred water pollution control plant capacity fee at the time of the issuance of such certificate of occupancy, which agreement shall be in a form approved by the city attorney and recorded against the premises in the official records of the county of Butte, and
2. Paid to the city an additional fee in an amount equal to two percent of the deferred water pollution control plant capacity fee as and for the administrative costs to be incurred by the city by reason of such fee deferral; or
C. Where the premises are or will be used for multifamily residential purposes or for a nonresidential purpose and the owner of the premises, at the time of the issuance of the building permit or connection permit, has:
1. Entered into an agreement with the city undertaking to pay such deferred water pollution control plant capacity fee at the time of the issuance of such certificate of occupancy, which agreement shall be in a form approved by the city attorney,
2. Executed a deed of trust securing performance of the duties and obligations of the owner of the premises under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust, and
3. Paid to the city an additional fee in an amount equal to two percent of the deferred water pollution control plant capacity fee as and for the administrative costs to be incurred by the city by reason of such fee deferral.
(Ord. 1943 §10)