(A) When a SDC of $25 or more is due and collectable, the owner of the parcel of land subject to the development charge may apply for payment in 20 semi-annual installments, to include interest on the unpaid balance, in accordance with ORS 223.208. A shorter payment plan is acceptable if approved by the city.
(B) The City Manager shall provide application forms for installment payments which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors.
(C) An applicant for installment payment shall have the burden of demonstrating the applicant’s authority to assent to the imposition of a lien on the parcel and that the property interest of the applicant is adequate to secure payment of the lien.
(D) The City Manager shall report to the Council the amount of the SDC, the dates on which payments are due, the name of the owner and the description of the parcel.
(E) The City Manager shall docket the lien in the lien docket. From that time the city shall have a lien upon the described parcel for the amount of the SDC, together with interest on the unpaid balance at the rate established by resolution of the City Council. The lien shall be enforceable in the manner provided in ORS Chapter 223.
(F) Upon written notification from the permittee and with written evidence from the county, where new development is not constructed and the building permit is cancelled, the City Manager is authorized to cancel assessments of SDCs. For property that has been subject to a cancellation of assessment of SDCs, application for any subsequent installment payment contract shall be subject to the code provisions applicable to SDCs and installment payment contracts on file the date the new contract is received by the city.
(Ord. 1247, passed 3-6-2007)