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Ordinance 3504-16
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Ordinance 3504-16
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Ordinances
Ordinance Number
3504-16
Date
7/27/2016
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more since the last adjustment of the fees, the cumulative percentage increase since <br /> the last adjustment of fees. <br /> 3. The lien shall: <br /> (a) Be in a form approved and provided by the city; <br /> (b) Be signed by all owners of the property, with all signatures acknowledged as required <br /> for a deed; <br /> (c) Include the legal description, property tax account number, and address for each lot or <br /> unit the lien will encumber; <br /> (d) Be binding and subordinate on all successors in title after the recording; <br /> (e) Be junior and subordinate to a first mortgage for the purpose of construction upon the <br /> same real property granted by the person who applied for the deferral of impact fees, <br /> but in no case shall the lien be in less than second place; <br /> 4. The lien shall be recorded by the applicant, at their own expense, and a conformed copy of <br /> the recorded document shall be provided to the city prior to the issuance of the building <br /> permit that is subject to the impact fee. <br /> 5. Each applicant eligible to defer impact fees shall only be entitled to annually receive <br /> deferrals for no more than a total of twenty building permits within the city. <br /> 6. The applicant shall be responsible for the payment of all recording fees. <br /> 7. The deferred impact fee shall be paid in full prior to whichever of the following occurs first: <br /> (a) Issuance of a certificate of occupancy; <br /> (b) The closing of the first sale of the property occurring after the issuance of the <br /> applicable building permit for which the fees were deferred; or <br /> (c) Eighteen months from the date of building permit issuance. <br /> 8. If the building for which the deferral of the impact fee is requested is located within a <br /> subdivision, unit lot subdivision or short subdivision, the subdivision, unit lot subdivision or <br /> short subdivision shall be recorded prior to recording the lien for impact fees and issuance <br /> of the building permit. <br /> 9. After the applicant has paid all deferred impact fees, the applicant is responsible for <br /> submitting a lien release application to the city. The applicant, at their own expense, will be <br /> responsible for recording lien releases. <br /> 10. Compliance with the requirements of the deferral option shall constitute compliance with <br /> subdivision or short subdivision conditions pertaining to the timing of the impact fee <br /> payment. <br /> 11. If deferred impact fees are not paid in accordance with terms authorized by state law and <br /> this section, the City may initiate foreclosure proceedings for the unpaid impact fees and <br /> all costs associated with the collection of the unpaid impact fees. <br /> 12. If the city does not institute foreclosure proceedings for unpaid school impact fees within <br /> forty-five days after receiving notice from a school district requesting that it do so, the <br /> district may institute foreclosure proceedings with respect to the unpaid impact fees. <br /> 13, A request to defer school impact fees under this section may be combined in one <br /> application with a request to defer transportation impact fees under EMC 18.36.060 or <br /> transportation fees under EMC 18.40.140. <br /> C. Districts eligible to receive school impact fees required by this chapter shall establish an <br /> interest-bearing account and method of accounting for the receipt and expenditure of all impact <br /> fees collected under this chapter. The school impact fees shall be deposited in the appropriate <br /> district account within ten days after receipt, and the receiving school district shall provide the city <br /> with a notice of deposit. <br /> 11 <br />
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