A. Execution Of Agreement:
1. Initial Request: Any developer, person, entity, corporation, association or group requesting, seeking or applying for a zoning change, annexation, subdivision, resubdivision, development, redevelopment and the like shall at the time of the initiation of said request execute a professional fee agreement with the village, on file in the office of the village clerk, as set forth in appendix A attached to the ordinance codified herein, which is incorporated herein by reference. (Ord. 2005-48, 10-25-2005)
2. Pending Actions: Any developer, person, entity, corporation, association or group who presently has any pending matter with the village shall execute an agreement in the form as described in subsection A1 of this section before the village will proceed further in any respect with the development. (Ord. 1996-4, 2-13-1996)
3. Payment Of Fees: The developer shall pay the village any and all professional staff fees, including residential and nonresidential engineering fees and administrative costs, attorney fees and architecture review fees, costs and expenses as set forth in the schedule attached as appendix B to the ordinance codified herein, which is incorporated herein by reference. In the event the village incurs fees that are not covered in appendix B, the developer shall pay such professional staff fees, costs, and expenses as may be billed by the village pursuant to the payment terms as set forth in appendix A attached to the ordinance codified herein. (Ord. 2005-48, 10-25-2005)
B. Issuance/Renewal:
1. Prior to the consideration, issuance, granting or renewal of any license, permit, approval or inspection required under any provision of this code, the village department or employee charged with the duty to issue or renew such license or permit, or conduct inspections, shall contact the finance department to determine whether any monies are due and owing in excess of sixty (60) days to the village from the applicant in relation to the project in regard to which the license or permit is intended to be used. If monies are found to be due and owing the village in excess of sixty (60) days, said license, permit, approval, or inspection shall not be issued, renewed, or approved until all monies due and owing to the village have been paid in full, and the finance department so certifies.
2. If the finance department contacts an employee who issues or renews such license or permit, or conducts inspections for a project that monies in excess of sixty (60) days are owed, said license, permit, approval, or inspection shall not be issued, renewed, or approved until all monies due and owing to the village have been paid in full, and the finance department so certifies.
C. Appeals: Any developer, person, entity, corporation, association or group desiring to challenge a bill, fee or expense issued under the provisions of this chapter shall have the right to appeal the bill, fee or expense to the finance committee within fourteen (14) days after the receipt of the invoice. The appeal must be in writing and shall contain a specific request for a hearing. If a hearing is requested, a hearing before the finance committee shall take place at the next regular meeting of the finance committee, but not earlier than fourteen (14) days after the written appeal is submitted. The finance committee shall issue a written decision within fourteen (14) days of the hearing. Where a hearing is not requested, the appealing party shall submit all supporting documentation with the written appeal and the finance committee shall issue a written decision within fourteen (14) days after the consideration of the appeal at a regular meeting of the finance committee. The failure to file a written appeal shall be deemed to approve the amount(s) owed and/or services performed.
D. Nonexclusivity Of Remedy: Notwithstanding any provision of this section, the village shall have all other rights and remedies as may be available to it at law or equity for violations of this section.
E. Incorporation Into Titles 3, 4, 5 And 6: The provisions of subsections B, C and D of this section are expressly incorporated by reference into titles 3, 4, 5 and 6 of this code and shall apply to all monies owed pursuant to those provisions and any regulations or rules adopted in conjunction therewith. (Ord. 2005-11, 3-22-2005)