A. Payment of Fees. The Impact Fee shall be paid to the City at the following times:
1. If a Building Permit or manufactured/mobile home installation permit is required, then before or at the time the permit is issued;
2. If no Building Permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
3. At such other time as the Fee Payer or Developer and the City have agreed upon in writing.
B. Enforcement. When any Impact Fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a Fee Payer and the City, and such Impact Fee has not been paid in a timely manner, the City may exercise any or all of the following powers as applicable to its authority, in any combination, to enforce the collection of the Impact Fee:
1. Withhold Building Permits, manufactured home installation permits, or other City Development Approval related to the Development for which the Impact Fee is due until all Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a Building Permit;
2. Withhold utility services from the Development for which the Impact Fee is due until all Impact Fees due have been paid;
3. Add interest to the Impact Fee not paid in full at the legal rate provided for in Idaho Code § 28-22-104, as it may be amended, plus five percent (5%) beginning on the date at which the payment of the Impact Fee was due until paid in full;
4. Impose a penalty of five percent (5%) of the total Impact Fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Impact Fee was due until paid in full; and
5. Impose a lien pursuant to the authority of Idaho Code § 67-8213(4) for failure to timely pay an Impact Fee following the procedures contained in Idaho Code Title 45, Chapter 5. (Ord. 617, 2-14-2023)