(A) Establishment of demolition escrow. In addition to payment of all fees required pursuant to § 150.005, every application filed for a demolition permit shall be subject to the demolition escrow provisions set forth in this section.
(B) Responsibility for payment. The owner of the property that is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the establishment and payment of the demolition escrow amount of an amount as established in the annual fee ordinance at the time of filing the application. By signing the application, the owner and applicant shall be deemed to have agreed to pay, and to have consented to, the demolition escrow amount. The village shall have no obligation to process or act on any application where the demolition escrow amount has not been paid.
(C) Demolition escrow amount.
(1) The demolition escrow amount to be paid by the owner or applicant shall be to reimburse the village for its actual out-of-pocket expenses:
(a) In an amount not to exceed an amount as established in the annual fee ordinance for its review of a demolition application prior to a determination of special importance pursuant to § 150.056; and
(b) In an amount not to exceed an amount as established in the annual fee ordinance for the review of demolition alternatives by consultants hired by the village pursuant to § 150.056. These amounts may be amended from time to time by resolution of the Board of Trustees.
(D) Demolition escrow fee payment and establishment of demolition escrow.
(1) Initial payment and demolition escrow. Every application shall be accompanied by the required demolition escrow amount to be deposited in the demolition escrow account established by the village. No interest shall be payable on any funds retained in the demolition escrow account.
(2) Charges against demolition escrow. From the date of filing of any application, the village shall maintain an accurate record of the actual costs that may be reimbursed from the escrow amount in connection with processing the application. The Village Manager, or his or her designee, shall, from time to time, draw funds from the demolition escrow account established for the application to pay actual costs and shall transfer the funds to the appropriate village accounts. The Village Manager, or his or her designee, shall maintain an accurate record of all the drawings from the demolition escrow account.
(3) Final settlement. As soon as reasonably feasible following final action on an application, the Village Manager, or his or her designee, shall cause a final accounting to be made of the demolition escrow amounts deposited in connection with the application and of the actual costs incurred and reimbursable to the village in connection with the application. A copy of the accounting shall be provided to the owner and the applicant. Any remaining funds in the demolition escrow after payment of the total actual costs due pursuant to this section shall be returned to, or applied to the demolition permit fee due at permit issuance from, the owner or applicant, as applicable.
(E) Condition of all applications, approvals and permits. No application filed pursuant to § 150.028 of this code shall be considered complete unless and until all fees and deposits due pursuant to this section have been paid. Every approval granted and every permit issued for a demolition shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of demolition escrow fees as required by this section.
(F) Tolling of time periods. Where the Building Code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of nonpayment of the demolition escrow amounts due pursuant to this section, but shall otherwise continue to run.
(G) Failure to pay demolition escrow fees. The failure to pay in full when due any demolition escrow amount required under this section shall be grounds for refusing to process an application and for denying, stopping work under, or revoking any demolition permit.
(Ord. 885, passed 11-13-2001; Ord. 916, passed 4-9-2004; Ord. 1005, passed 9-8-2008; Ord. 1010, passed 4-13-2009)