(A) The applicant for a permit related to property within any reimbursement district shall pay the city, in addition to any other applicable fees and charges, the reimbursement fee established by the City Council if, within the time specified in the resolution establishing the district, the person applies for and receives approval from the city for any of the following activities:
(1) A building permit for a new building;
(2) Building permit, for any addition, modification, repair or alteration of a building, which exceeds 25% of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building’s real market value. This division (A)(2) shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster;
(3) Any alteration, modification or change in the use of real property that increases the number of parking spaces required under city standards in effect at the time of permit application;
(4) Connection to or use of water, sanitary sewer, stormwater or street improvements, if the reimbursement district is based on that improvement; and
(5) Approval of a land partition or final subdivision plat.
(B) The city’s determination of who shall pay the reimbursement fee is final. Neither the city nor any elected official, appointed official, agent or employee of the city shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination, or as a result of failure, for any reason, of the city to collect a reimbursement fee.
(C) A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto the street at any time. Nothing in this subchapter is intended to modify or limit the authority of the city to provide or require access management.
(D) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless the payment was for a different type of improvement. The reimbursement fee must be paid in full when a permit or land division approval, including a final subdivision plat, is issued or approved. Where approval is given as specified in division (A) above, but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses.
(E) Neither the city, the county, the state nor the United States shall be required to pay a reimbursement fee without the consent of the governmental agency.
(F) The right of reimbursement shall not extend beyond ten years from the district formation date. The applicant solely and exclusively bears the risk that the city may not collect from benefitted property owners their respective share of the cost of the improvements, and that the total amount collected may be less than anticipated. Further, the applicant acknowledges that by utilizing the procedures of this subchapter that the city shall be under no obligation to institute legal proceedings to collect unpaid amounts that may be due to the applicant. The applicant must institute and pay for the legal proceedings, and the city will not be obligated to share or pay the litigation costs associated with the proceedings.
(Prior Code, § 35.159) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)