§ 34.01 REAL PROPERTY CLAIMS PROCESS DEPOSIT/FEE.
   (A)   The fees and deposit for processing real estate claims under §§ 36.30 through 36.38 of this title shall be as set forth below until such time as further amended by Council resolution.
      (1)   Upon the filing of a real estate claim under §§ 36.30 through 36.38 of this title, a claimant shall pay a deposit in an amount that shall be set by resolution by the City Council from time to time.
      (2)   The deposit amount shall be the initial deposit by the applicant for the purpose of reimbursing the city for costs incurred by the city in processing the claim. While the application is pending, if it appears to the City Recorder that the deposit is insufficient to pay for all of the city’s costs in processing the claim, the City Recorder shall demand such additional amount of deposit as in the City Recorder’s opinion is necessary to assure additional funds available to pay anticipated additional costs. The claimant may appeal the City Recorder’s decision to the City Council. Until such time as any additional deposit is paid, following demand by the City Recorder, the City Recorder shall notify the City Council that processing the claim shall be suspended until such time as the additional deposit is paid to the city.
      (3)   The City Recorder shall establish an appropriate account for the purpose of holding the deposit until such time as the actual costs to the city have been ascertained, either upon conclusion of the process or from time to time, and upon such determination of the actual costs, the City Recorder shall transfer such portion of the deposit from the account to reimburse the city for its costs and expenses. Upon conclusion of the processing, and determination of all actual costs, any remaining deposit shall be reimbursed to the claimant.
   (B)   The costs to the city of processing the claim shall be determined by application of the rates set forth in §§ 36.30 through 36.38 of this title and/or the actual charges to the city by contractors, including but not limited to, attorneys and appraisers providing services in processing the claim.
(Res. 345, passed 11-22-2004)
Cross-reference:
   Real property compensation claims process, see §§ 36.30 through 36.38