(A) The current owner or contract purchaser of property on which an impact fee has been paid may apply for a refund of such fee if:
(1) The city has failed to expend the funds within six years of the date of payment of the impact fee, to be determined according to first-in/first-out accounting; or
(2) The project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.
(B) A petition for refund must be filed within one year of the event giving rise to the right to claim a refund.
(C) The petition for refund must be submitted to the City Engineer, or his or her designee, on a form provided by the city for such purpose.
(D) Within one month of the date of receipt of a petition for refund, the City Engineer, or his or her duly designated agent, must provide the petitioners in writing, with a decision on the refund request including the reasons for the decision. If a refund is due petitioner, the City Engineer, or his or her duly designated agent, shall notify the Finance Department and request that a refund payment be made to petitioner. The City Engineer, or his or her designee, shall publicly disclose all refunds made on behalf of the city to the Board of Mayor and Aldermen in a public meeting.
(E) The petitioner may appeal the determination of the City Engineer to the Board of Mayor and Aldermen.
(2011 Code, § 5-511) (Ord. 15-04, passed 12-21-2015; Ord. 19-11A, passed 4-15-2019)