A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications required by this title, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be adopted by ordinance with the city fee schedule.
B. Escrow: An escrow deposit required for the processing of applications required by this title shall be used for payment of all costs incurred for City in the processing of an application required by this title:
1. All costs incurred for City staff and consultants directly related to processing of an application required by this title including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application.
2. The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the City exceeds the fund balance.
3. The City shall refund any amount deposited in the escrow account not expended within ninety (90) calendar days after final action on the application.
C. Fees, charges, and estimated expenses for the processing of a development application required by this title shall be collected prior to City action on any application. The fees shall be deposited in City accounts. The applicant shall not be paid interest on the fees required by this section.
D. All fees and expenses incurred by the City are to be paid whether the application is approved or denied.
E. The owner of the property subject to the application required by this title shall be responsible for all costs incurred by the City in processing the application and enforcing the terms of any agreements relating to the application in accordance with Minnesota Statutes Chapter 462.353, Subd. 4a.
F. Unpaid expenses:
1. All unpaid expenses incurred by the City under the City Code not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to Minnesota Statutes Chapter 462.353.
2. The property owner shall be invoiced for the City's costs to where property tax statements are sent by the County to be paid within thirty (30) days of the date of the invoice.
3. Should the property owner not reimburse the City as required by this section, the City shall be authorized to take any action authorized by law to recover the costs and fees, including recording a lien against real estate that is the subject of the application pursuant to Section 514.67 of Minnesota Statutes, for any of the aforementioned unpaid fees and services.
(Ord. 1015, 8-5-2019)