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1311.25 CASH DEPOSIT FOR ADDITIONAL PROFESSIONAL SERVICES.
(a) In addition to any other fees or deposits required by other sections of these Codified Ordinances, the Building Commissioner shall charge and collect a deposit in the amount of five thousand dollars ($5,000) to reimburse the City for expenses incurred for additional or supplemental engineering, legal or other professional services rendered as the result of the application for a building permit, the review of preliminary and final site development plans, requests for variances, or proposals for rezoning property within the Municipality. In the event that a permit is issued and no deposit is charged and it is determined such services are or will be required, the Building Commissioner shall then charge and collect such deposit as provided herein. Such fees are due and payable not later than five business days after notification such fees are required.
(b) The charges for professional services of the Engineer and Law Director shall be at the rates set forth in their current contracts with the Municipality.
(c) If the costs of the professional services referred to herein exceed the amount of the original deposit then the Director of Finance shall so notify the developer, in writing, and the developer shall, within seven days of receipt of such notice, deposit with the Director of Finance the additional sum of five thousand dollars ($5,000). Such procedure shall continue until the developer has either completed the project for which such professional services are necessary or it is otherwise determined that no additional and further professional services will be needed.
(d) Any sums not so charged against such deposit as required in subsection (a) through (c) hereof, shall be refunded to the applicant no later than sixty days from the completion of the work or project proposed by the applicant.
(e) If the developer has been properly notified as required by subsection (c) hereof and has failed to provide additional funds then all professional services and approval processes shall be suspended until the additional deposit has been made. Professional services and the approval process shall recommence six business days from the date the deposit balance is maintained. The Director of Finance shall notify the Director of Law, City Engineer, Building Commissioner, Secretary of the Planning and Zoning Commission and the Clerk of the City Council that all professional services should be suspended until additional deposits have been made.
(f) Specifically exempt from this section are alterations, repairs, remodeling, additions under one thousand square feet, accessory buildings and new single-family dwellings unless, in the opinion of the Building Commissioner, specific professional services appear to be required. The Building Commissioner shall immediately charge and collect the initial deposit in an amount to be determined by him. All subsequent collections shall be the sole responsibility of the Director of Finance.
(g) The initial deposit of fees required by this section shall be the responsibility of the Building Commissioner. All subsequent collection of fees, all accounting and bookkeeping functions and all billing shall be the sole responsibility of the Director of Finance and the employees of the Finance Department.
(h) No deposit shall be required for professional services from utility companies (water, electric, natural gas, telephone, cable). In such instances where professional service costs are due to the Municipality from utility companies, the Director of Finance shall bill the respective utility on a quarterly basis to collect the outstanding professional service costs. (Ord. 34-2020. Passed 12-8-20.)