(A) The applicant for a permit related to property within any reimbursement district shall pay to the city, in addition to any other applicable fees and charges, the reimbursement fee established by the City Council, together with the annual fee adjustment, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the city for any of the following activities:
(1) To apply for a building permit which will use or increase the use of a public improvement; and
(2) To connect to a public improvement or otherwise increase the use of a public improvement.
(B) INCREASE THE USE means:
(1) For sanitary sewer or storm sewer lines: to make a physical change requiring a building or development permit on the intervening property which increases the volume discharged into the line;
(2) For water lines: to make a physical change requiring a building or development permit on the intervening property which increases the amount of water used; and
(3) For public streets: to make a physical change requiring a building or development permit on the intervening property which increases the trips on the street or creates a new entrance onto the street.
(C) The city’s determination of who shall pay the reimbursement fee is final. Neither the city, nor any officer or employee of the city, shall be liable for payment of any reimbursement fee, annual fee adjustment or portion thereof as a result of this determination.
(D) A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this subchapter is intended to modify or limit the authority of the city to provide or require access management.
(E) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in division (A) above unless the reimbursement fee, together with the annual fee adjustment, has been paid in full. Where approval is given as specified in division (A) above, but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses.
(F) The date when the right of reimbursement ends shall not extend beyond five years from the district formation date. Upon application for an extension by the applicant, the City Council may, by resolution, authorize up to two five-year extensions of the right of reimbursement under the agreement.
(G) The reimbursement fee is immediately due and payable to the city by intervening property owners upon utilization of a public improvement. If connection is made or construction commenced without required city permits, then the reimbursement fee is immediately due and payable upon the earliest date that any such permit was required. No city permit of any kind for the intervening property shall be issued until the reimbursement fee is paid in full.
(H) Whenever the full reimbursement fee has not been paid and collected for any reason after it is due, the Finance Director shall report to the City Council the amount of the uncollected reimbursement, the legal description of the intervening property on which the reimbursement is due, the date upon which the reimbursement was due and the intervening property owner’s name or names. The City Council shall then, by motion, set a public hearing date and direct the Finance Director to give notice of that hearing to each of the identified intervening property owners, together with a copy of the Finance Director’s report concerning the unpaid reimbursement fee. Such notice may be either by certified mail or personal service. At the public hearing, the City Council may accept, reject or modify the Finance Director’s report. If the City Council accepts or rejects the Finance Director’s report and determines that the reimbursement fee is due but has not been paid for whatever reason, the city may take any action including all legal or equitable means necessary to collect the unpaid amount. An unpaid reimbursement fee shall prohibit any issuance of permits by the city for the intervening property.
(Prior Code, § 2.10.110) (Ord. 244, passed 4-15-1996)