§ 8.5-41. Payment.

(a)

Except as otherwise provided in this article, prior to the issuance of a building permit for an impact construction, an applicant shall pay the police impact fee as adopted in section 8.5-71 and the fire impact fee adopted in section 8.5-61, as applicable. The applicable impact fees shall be paid directly to the city.

(b)

The obligation for payment of the impact fees shall run with the land.

(c)

In the event that a building permit issued for an impact construction expires prior to completion of the construction for which it was issued, the applicant may, within ninety (90) days of the expiration of the building permit, apply for a refund of the police impact fee and fire impact fee. Failure to timely apply for a refund of either the police impact fee or fire impact fee shall waive any right to a refund.

(1)

The application for refund shall be filed with the city community development director and contain the following:

a.

The name and address of the applicant;

b.

The location of the property which was the subject of the building permit;

c.

The date the applicable impact fee was paid;

d.

A copy of the receipt of payment for the applicable impact fee; and

e.

The date the building permit was issued and the date of expiration.

(2)

After verifying that the building permit has expired and that the impact construction has not been completed, the city community development director shall refund the applicable impact fee paid for such impact construction. The city shall retain two (2) percent of the applicable impact fee to offset the costs of administering the refund.

(3)

A building permit which is subsequently issued for an impact construction on the same property which was the subject of a refund shall pay the impact fees as required by section 8.5-61 and section 8.5-71, as applicable.

(e)

The payment of the impact fees shall be in addition to any other fees, charges or assessments of the city due for the issuance of a building permit.

(f)

In the event the fire impact fee or police impact fee is not paid prior to the issuance of a building permit for the affected impact construction, the city may elect to collect the impact fees by any other method which is authorized by law.

(Ord. No. 04-20, § 2.01, 7-27-04)