(A) The sewer system development charge includes the orders, standards, specifications, work programs, and performance criteria adopted annually by Clean Water Services (CWS), copies of which are on file in the City Recorder’s Office, are governed by an intergovernmental agreement between the city and CWS. Clean Water Services rates apply in the city and are established annually by Council resolution.
(B) A sewer system development charge imposed by division (A) above is payable upon issuance of a permit to connect to the sewer system. If the project is a residential or multi-family dwelling, an application may be made to the city to pay the sewer 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 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 will remit to Clean Water Services a prorated amount of the sewer system development charge collected through the installment payment program, according to the revenue share between Clean Water Services and the city in effect at the time the developer makes application to the city to pay the system development charge in installments.
(4) 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.
(C) A surface water management system development charge imposed by division (A) above is payable upon issuance of a permit to connect to the surface water management system. If the project is a residential or multi-family dwelling, an application may be made to the city to pay the surface water management system development charge in installment payments for a period not to exceed five 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 that time 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 retains the surface water management system development charge.
(4) 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, § 3.705) (Ord. 1991-10, passed 9-23-1991; Ord. 1991-14, passed 11-25-1991; Ord. 2012-01, passed 2-13-2012)