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§ 151.007 REPAIR PERIOD; EXTENSION OF TIME.
   The owner of the property adjacent to the defective sidewalk shall cause the necessary repairs to be made in accordance with the standards and specifications of the city for sidewalk construction within 30 days from the date of personal service or the date of mailing of the notice to repair. The time within which the repairs are to be made may be extended by the City Manager or designee, for good cause shown, but the extension shall not exceed 30 days. Applications for time extensions shall be submitted in writing.
(Prior Code, § 3.135) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
§ 151.008 COSTS OF REPAIRS.
   All costs of repair of defective sidewalks shall be paid by the adjacent property owner.
(Prior Code, § 3.140) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
§ 151.009 REPAIR BY CITY.
   If the required repairs to the sidewalk have not been completed within the time allowed, the city may make the necessary repairs and charge the cost, including reasonable engineering and inspection costs, to the adjacent property owner. The repair may be made either by the city or by a private contractor chosen by the city.
(Prior Code, § 3.145) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
§ 151.010 NOTICE OF REPAIR ASSESSMENT.
   After costs of repairs made by the city have been calculated, the property owner shall be notified in the manner provided by § 151.006.
(Prior Code, § 3.150) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
§ 151.011 UNPAID COSTS AS LIEN.
   If the adjacent property owner fails to pay the costs of repair of the defective sidewalk within 30 days of the date of the notice declaring the cost of the repair, the cost shall be entered by the City Recorder in the docket of city liens and shall be collectible in the same manner as liens for public improvements.
(Prior Code, § 3.155) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)
PARKS SYSTEMS DEVELOPMENT CHARGE
§ 151.025 PURPOSE.
   A system development charge is enacted to recover a fair share of the cost for the acquisition and construction of parks facilities.
(Prior Code, § 3.500) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012)
§ 151.026 DEFINITIONS.
    For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFORDABLE HOUSING. Housing constructed for renters earning no more than 60% area median income and purchasers of housing earning no more than 80% area median income. Affordable housing is regulated as well as rent and income restricted through regulatory agreements with federal, state and other public funders.
   BUILDING PERMIT. Any permit issued by the Building Department for the installation or construction of a residential structure (such as multiple-family, manufactured dwelling units, and the like) under the city or state Building Code, except where such construction does not have the effect of increasing the number of dwelling units occupying the premises.
   PARKING ACQUISITION AND DEVELOPMENT. Purchase or lease of property for park purposes and all design and construction associated with the development or improvement of any park, including any equipment and development labor.
(Prior Code, § 3.505) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012; Ord. 2019-14, passed 1-13-2020)
§ 151.027 CHARGE IMPOSED.
   A system development charge for park acquisition and development is hereby imposed upon all new dwelling units developed within the city. Such charge shall be established by the City Council under separate resolution. This fee is not covered by the annual fee adjustment.
(Prior Code, § 3.510) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012)
§ 151.028 COLLECTION.
   (A)    A system development charge for park acquisition and development shall be paid prior to receiving a building permit or manufactured dwelling setup fee. A building permit applicant constructing affordable housing as defined in § 151.026 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 § 151.028(A), if the project is a residential or multi-family dwelling, an application may be made to the city to pay the parks 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.
   (C)   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.
   (D)   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.
   (E)   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:
      (1)   Providing final approval for projects seeking to participate in the installment payment and financing program;
      (2)   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;
      (3)   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
      (4)   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, § 3.515) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012; Ord. 2019-14, passed 1-13-2020)
§ 151.029 REDUCED CHARGES.
   (A)   A developer may apply for a reduction of the system development charge by dedicating land or facilities to the city.
   (B)   City acceptance of the land or facilities in lieu of all or part of the assessed charge is based on the following criteria:
      (1)   The land offered can be used for park purposes in a manner consistent with the park and recreation element of the city’s Comprehensive Plan and any park or recreation plan or program adopted pursuant thereto, or can be sold by the city to obtain funds for such purposes;
      (2)   The land is adequate in size, location, and topography for the facilities necessary to satisfy the needs of the new residents;
      (3)   The land will at all times be available and accessible to the general public in accordance with existing ordinances and regulations dealing with the use of public facilities;
      (4)   The city’s Parks and Recreation Commission approves the location and construction of all improvements on the land; and
      (5)   The amount of fee reduction is based on the city’s Comprehensive Plan park standards considering amount of land and cost of facilities dedicated to the city, number of dwellings or population served, and the like. Meeting neighborhood park standards for the proposed residential population may reduce fees up to one-half. Meeting neighborhood and community park standards may eliminate park system development charges.
   (C)   In the event land is dedicated in lieu of the systems developments charge, an equal portion of the value of the land dedicated shall be apportioned to each of the lots created. As the building permits are issued and the systems charge collected for each lot, the value of the dedicated land apportioned to each lot shall be credited, without interest, to the person dedicating the land, or his or her heirs, or his or her assigns, until the total value is credited or five years have elapsed from the date building permits are made available from the city. In the event the total amount has not been credited within five years or before the development is completed, the residual balance shall be liquidated to the city.
(Prior Code, § 3.520) (Ord. 1990-07, passed 9-23-2007; Ord. 2012-01, passed 2-13-2012)
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