(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 shall retain 1% of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for such 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) In the event any fee collected pursuant to this chapter remains unexpended or uncommitted in any fund established pursuant to § 8.56.060 five or more years after deposit of the fee, the city shall make findings once each fiscal year to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
(C) The unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to division (B) of this section 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 Cal. Gov't Code § 66001 (d), (e) and (f) shall apply fully to any refund of fees remaining unexpended or uncommitted in any such city fund for five or more years after deposit, and the provisions of divisions (B) and (C) of this section shall be subordinate to the section and shall be applied consistent therewith.
(Ord. 19-08, passed 12-17-2019)