(A) If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the city may retain 1% of the fee to offset a portion of the costs of collection and refund. The fee payer must submit a written request for a refund to the City Manager within 30 calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.
(B) For the fifth fiscal year following the first deposit into any fund established pursuant to § 17.6, the city shall make all of the findings found in California Government Code § 66001(d) with respect to that portion of the fund remaining unexpended, whether committed or uncommitted.
(C) The unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to division (B) above shall be refunded to the then current record owner or owners of lots or units of the development project or projects on a prorated basis.
(D) The provisions of California Government Code § 66001(d), (e) and (f) shall apply fully to any refund of fees remaining unexpended or uncommitted in any city fund for five or more years after deposit, and the provisions of divisions (B) and (C) above shall be subordinate to the Government Code sections and shall be applied consistent therewith.
(Ord. 965, passed 7-18-2006)