(A)
The system development charge is payable upon issuance of a permit to connect to the water system. A building permit applicant considering constructing affordable housing as defined in § 50.47 may defer payment until occupancy. In cases where the deferral is granted, the system development charge shall be paid in full prior to the issuance of an occupancy permit.
(B) Unless deferral is granted under § 50.52(A), if connection is made to the water system without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit was required.
(C) The City Manager or designee shall collect the applicable system development charge from the applicant prior to issuance of a permit that allows connection to the water system, or prior to issuance of a permit for occupancy if a deferral is granted under § 50.52(A).
(D) Unless deferral is granted under § 50.52(A), the City Manager or designee shall not allow a connection to the water system until the charge has been paid in full, or until provisions for financing installment payments for certain eligible projects has been made pursuant to division (E) below. If a deferral is granted, the City Manager or designee shall not allow issuance of an occupancy permit until the charge has been paid in full.
(E) If the project is a residential or multi-family dwelling, an application may be made to the city to pay the water system development charge in installment payments for a period not to exceed ten years. Fifteen percent of the system development charge due shall be paid upon application submission. The terms of the financing arrangement shall be set by Council resolution.
(1) An applicant for installment payments must demonstrate the applicant’s authority to assent to the imposition of a lien on the property and that the interest of the applicant is adequate to secure payment of the lien.
(2) From the time that the City Manager or designee has docketed a lien as provided in § 32.01 upon the described property for the amount of the system development charge, together with interest on the unpaid balance, the lien may be collected in the same manner as allowed by law for collection of assessment liens.
(3) The City Manager or designee is authorized to administer all aspects of the installment payment and financing of system development charges. This authority includes, but is not limited to:
(a) Providing final approval for projects seeking to participate in the installment payment and financing program;
(b) Providing application forms for installment payments that include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors;
(c) Documenting the amount of the system development charge, the dates on which the payments are due, the name of the owner and the description of the property; and
(d) Entering a lien for the amount of the system development charge, together with interest on the unpaid balance, in the city’s lien docket as provided in § 32.01.
(Prior Code, § 3.808) (Ord. 1994-01, passed 2-14-1994; Ord. 2012-01, passed 2-13-2012; Ord. 2019-14, passed 1-13-2020)