§ 94-8. Payment.  


Latest version.
  • (a)

    Time of payment . The person applying for the issuance of a building permit shall pay the total amount of the impact fee due:

    (1)

    At the time the building permit is issued; or

    (2)

    If no written permit is issued, such as in the event of a change of use, occupancy, or ownership that warrants the need for impact fee payment, then at the time of payment of any inspection fee(s).

    (b)

    Statement . The collecting agency shall issue an impact fee statement to the applicant for a building permit, based on the use provided by the applicant and this use shall be verified for issuance of a certificate of occupancy or business tax receipt. Changes to the proposed use following building permit issuance that warrant an increased impact fee shall require payment of that increased amount at the time of payment of any inspection fee(s). The impact fee statement shall set forth the amount of impact fees due.

    (c)

    Obligations run with land . The obligation for payment of the impact fee shall run with the land. However, this section shall not be construed to relieve an applicant of responsibility or liability for payment of the impact fees imposed by this chapter.

    (d)

    Late payment. Late payment fees shall not be considered. All impact fees shall be paid in full at the time of building permit issuance or inspection fee payment. The city reserves the right to not issue a building permit, conduct an inspection, or withhold a certificate of occupancy or business tax receipt until all impact fees are paid in full.

    (e)

    Interest and administrative; penalty . Interest at the rate set by law for judgments shall be due on all fees due under this article from the time such fee was due as required by this chapter. The inclusion in this chapter of provisions concerning interest due is cumulative of the city's rights already existing as a matter of law to prejudgment interest upon sums which are certain and due and payable at a specific time. Accordingly, the requirement for the payment of interest shall be deemed to apply retroactively to all fees which have previously become due under the terms of this article; and nothing in this article shall be construed in derogation of such right otherwise existing at law.

    (f)

    Method of payment . Payment of impact fees shall be made to the city.

(Ord. No. 28-2006, § 1, 11-6-2006; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011; Ord. No. 20-2016, § 1, 5-2-2016)