The party or parties signing any petition for rezoning under Section 1107.02 shall be responsible for all actual costs incurred by the City in connection with the proposal. No action shall be taken by the Department of Public Service, Urban Planning Manager or City Administrator until the party proposing the same pays a fee to the Department of Public Service in such an amount as shall be directed by ordinance of Council, and additional deposits in the amount of the estimated costs to be incurred by the City in connection with the subject matter, including the costs of all notices, legal advertising, engineering fees, planning consultants' fee and legal fees required in connection with the proposal. Additionally, the following specific requirements with respect to fees and costs are applicable:
(a) If, during the course of proceedings on a petition or application, the Department of Public Service determines that the costs to be incurred by the City will exceed the amount of the deposit, the Department of Public Service, at it's discretion, may require an additional deposit in an amount reasonably calculated to cover the excess costs.
(b) For proceedings in which the estimated costs are expected to be minimal, the Department of Public Service, at it's discretion, may waive the payment of a deposit for estimated costs and permit the petitioner or applicant to reimburse the City for actual costs after the amount of the total costs has been incurred.
(c) Only that portion of any deposit representing the excess of the estimated costs over the actual costs to the City shall be refunded regardless of the disposition of such proposals.
(d) An interest charge of one (1) percent per month shall be imposed on the outstanding balances of all accounts which are not paid in full within thirty (30) calendar days after final Council action on the proposal.
(e) No ordinance, resolution, or permit approved under this section shall become effective until such time as all fees and costs due and owing to the City shall have been paid and current.
(f) No ordinance or resolution, approved under this section shall become effective unless all real property taxes and/or assessments levied against the real estate which is the subject of the request are paid and current. Petitioner must sign and file an affidavit with the Department of Public Service affirming that such taxes and/or assessments are paid and current.
(Ord. 033-2023. Passed 9-18-23.)