When any fire and/or EMS impact fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a fee payer and the Districts, and such fire and/or EMS impact fee has not been paid in a timely manner, the city, or Districts' administrators on behalf of the Districts, may exercise any or all of the following powers as applicable to their authority, in any combination, to enforce the collection of the fire and/or EMS impact fee:
A. Withhold building permits, manufactured home setting permits, or other city development approval related to the development for which the fire and/or EMS impact fee is due until all fire and/or EMS impact fees due have been paid, and issue stop work orders, and revoke or suspend a building permit.
B. Withhold utility services from the development for which the fire and/or EMS impact fee is due until all fire and/or EMS impact fees due have been paid; and
C. Add interest to the fire and/or EMS impact fee not paid in full at the legal rate provided for in IC § 28-22-104, as amended, plus five (5) percent per annum beginning on the date at which the payment of the fire and/or EMS impact fee was due until paid in full. All interest charged by the city for nonpayment of impact fees shall be paid to the city and shall be transmitted to the city's general fund as the sole property of the city. The Districts shall have no right or claim over any interest collected by the city and said collected interest cannot be requested by the Districts from the city in the case of a refund of the impact fee to the fee payer.
D. Impose a penalty of five (5) percent of the total fire and/or EMS 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 fire and/or EMS impact fee was due until paid in full. All penalties charged by the city for nonpayment of impact fees shall be paid to the city and shall be transmitted to the city's general fund as the sole property of the city. The Districts shall have no right or claim over any penalties collected by the city and said collected penalties cannot be requested by the Districts from the city in the case of a refund of the impact fee to the fee payer.
E. Impose a lien pursuant to the authority of IC § 67-8213(4) for failure to timely pay a fire and/or EMS impact fee following the procedures contained in Idaho Code Title 45, Chapter 5. (Ord. 606, 7-13-2022)