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A. The current owner of record of property on which an impact fee has been paid may request a refund of such fee if:
1. The project for which a building permit or special use permit has been issued has been within one year lawfully altered resulting in a decrease in the amount of the impact fee due;
2. The city, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to section 67-8210(4), Idaho Code;
3. A building permit or special use permit is denied or abandoned prior to construction, use or placement; or
4. Service is available but never provided.
B. The request for refund must be in writing and submitted to the city clerk on a form provided by the city for such purpose. The owner shall provide such documentation as the city clerk may require to prove such satisfaction, reconveyance, or release from contract sellers, mortgagees, lienholders, and/or others having an interest in the real property for which an impact fee has been paid.
C. A request for refund must be filed within one year of the date that the owner discovers or should have reasonably discovered his/her right to a refund.
D. Within ninety (90) days of the date of receipt of a request for refund, the city clerk must provide the owner, in writing, with a decision on the refund request including the reasons for the decision. If a right to a refund exists, the city is required to send a refund to the owner of record within ninety (90) days after it is determined that a refund is due. A refund shall include a refund of interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code.
E. An owner may appeal the determination of the city clerk to the city council pursuant to the provisions in section 7-5-11 of this chapter. (Ord. 211, 4-4-2006)