A. Established: Except for costs for variations to one- and two- family dwellings, every petition filed and processed pursuant to this zoning code that requires the city to incur costs or expenses associated with the review of the petition shall be subject to the requirements set forth in this section. The recovery of city costs and fees shall be in addition to any and all other filing fees and other charges established by the city. For purposes of this section, the word "petition" is deemed to include and refer to any and all petitions and applications filed or processed pursuant to this zoning code.
B. Responsibility For Payment: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs and fees. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs and fees, plus any costs of collection, that have not been paid within thirty (30) days following the mailing of a written demand for payment to the owner or petitioner at the address set forth on the petition, including any additional recoverable costs and fees assessed. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics’ liens under Illinois law. Further any failure to pay said cost and fees may constitute grounds for denial of the relief petitioned for or of the project itself.
C. Recoverable Costs: The recoverable costs and fees incurred by the city in processing a petition shall include, but not be limited to, the following items:
1. Preparation, publication, and mailing of notices, including fees charged by the local newspaper of record and costs incurred for postage and printing, plus an administrative fee of one dollar ($1.00) for each mailed notice;
2. Court reporter, including the cost of two (2) transcripts, or any subsequent transcription of audio/video recordings;
3. Professional and technical consultant services and fees;
4. The fees and costs of a hearing officer, if any;
5. Cost of the city attorney and assistant city attorney measured by their time expended and multiplied by their hourly rate of pay. The costs of any city retained attorney or law firm, for consultation, meeting attendance, document preparation, advice and review;
6. Copy reproduction;
7. Costs of document recordation by the county plus an additional fee for recording of fifty dollars ($50.00);
8. Mailing costs, exclusive of required notices; and
9. Proof of ownership or title searches.
D. Payment Of Recoverable Costs And Recoverable Cost Escrow:
1. Charges Against Petitioner: From the date of filing any petition, the city shall maintain an accurate record of the actual costs and fees of processing the petition. The city may, from time to time, invoice for such actual costs and fees. The city shall maintain an accurate record of all the costs and fees and time expended.
2. Final Settlement: As soon as reasonably feasible following final action on a petition, the city shall prepare a final invoice in connection with the petition and of the actual cost and fees of processing the petition and shall make a final charge of the actual costs and fees. A copy of the invoice shall be provided to the owner and the petitioner for prompt payment thereof.
E. Condition Of All Petitions, Approvals And Permits: No petition filed pursuant to this zoning code shall be considered complete unless and until all costs and fees, filing fees and deposits due pursuant to this chapter have been paid. Every approval granted and every permit issued pursuant to the zoning code shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs and fees as required by this section.
F. Tolling Time Periods: Where this zoning code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of nonpayment of the recoverable costs and fees and deposits due pursuant to this section.
G. Failure To Pay Recoverable Costs And Fees: The failure to pay in full when due any recoverable cost, fee or deposit required under this section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost, fee or deposit relates. (Ord. Z-39-06, 11-20-2006; amd. Ord. Z-5-22, 3-21-2022)