A. The current owner of record of property on which an impact fee has been paid shall be entitled to a refund of such fee if:
1. The current owner of record of the property submits an application for refund within one year of the event giving rise to the right to claim a refund.
B. An application for refund must be submitted to the impact fees administrator or his/her designee on a form provided by the city for such purpose and must contain information and documentation sufficient to permit the impact fees administrator to determine whether the refund claimed is proper and, if so, the amount of such refund. A refund not applied for within the time period specified or not submitted in the manner specified shall be deemed deferred.
C. In no event shall an applicant be entitled to a refund for impact fees assessed and paid to recover the costs of excess capacity in existing system improvements.
D. Within thirty (30) days from the date of receipt of an application for refund, the impact fees administrator or his/her designee must provide the applicant, in writing, with a decision on the refund request including the reasons for the decision. If a refund is due the applicant, the city shall issue a refund payment to the applicant within thirty (30) days of the impact fees administrator's written decision on the refund request.
E. The applicant may appeal the determinations of the impact fees administrator within thirty (30) days of such determination, as provided in section 3-6-17 of this chapter. (Ord. 299-06-07, 4-24-2007, eff. 5-24-2007)