Ordinance 2001-133 - Laserfiche WebLink

Home Browse Search

make a determination as to whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the Building Official or designee. 4. Applications for refunds due to abandonment of a new development prior to completion or due to expiration or revocation of a building permit shall be made on forms provided by the Building Official and shall be made within sixty (60) days following expiration or revocation of the building. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the impact fees paid by public facilities category and receipts evidencing such payments, and (c) documentation evidencing the expiration or revocation of the building permit prior to construction or approval of demolition of the structure pursuant to a valid City- issued demolition permit. Failure to apply for a refund within sixty (60) days following expiration or revocation of the building permit or demolition of the structure shall constitute a waiver of entitlement to a refund. No interest shall be paid by the City in calculating the amount of the refunds. 5. Applications for refunds due to the failure of the City to appropriate impact fees collected from the applicant within the time limits established in Section 4.B.2 hereof shall be made on forms provided by the City and shall be made within one (1) year following the expiration of such time limit. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the impact fees paid by public facility category and receipts evidencing such payments, and (c) description and documentation of the City's failure to appropriate impact fee funds for relevant public facilities. 6. The City may, at its option, make refunds of impact fees by direct payment, by offsetting such refunds against other impact fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner. Section 5: Appeals. A. An appeal from any decision of the Building Official or his designee, may be appealed to the City Manager within fifteen (15) days. An appeal from any decision of a City Manager pursuant to this Ordinance shall be made to the Commission by filing a written appeal on the appropriate City form with the City Clerk within thirty (30) days following the decision which is being appealed; provided, however, that if the notice of appeal is accompanied by a Clash bORd or letter of er-edit performance bond in a form satisfactory to the City Attorney in an amount equal to the impact fee calculated to be due, a building permit may be issued for the new development. The filing of an appeal shall not stay the imposition or the collection of the impact fee as calculated by the City unless a cask bORd or letter of cr~dit performance bond has been provided. B. The burden of proof shall be on the appellant to demonstrate that the decision of the City is erroneous. Police hnpact Fee Ord. Legislative/Ordinance/Attorney 13