§ 50-62. Refunds.
(a)
Unless expressly assigned, the party that paid any impact fees may apply for a refund of such impact fees less administrative expenses if:
(1)
The city has failed to expend the impact fees to begin land acquisition, design or construction of a capital improvement serving such property within ten (10) years of the date of payment of the impact fees and prior to the owner's petition for refund;
(2)
The building permit for which the impact fees have been paid has lapsed for non-commencement of construction; or
(3)
The project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fees due.
(b)
A petition for refund must be filed within one year of the event giving rise to the right to claim a refund as specified in section 50-62(a) above(except that this one-year limitation shall not apply to any refund under section 50-62(a)(1)). If, in the case of section 50-62(a)(1), the city corrects the deficiency giving rise to the petition within one (1) year of the date of the petition then no refund is due.
(c)
The petition for refund must be submitted to the manager of public works or his or her duly designated agent on a form provided by the city for such purpose.
(d)
Within one (1) month of the date of receipt of a petition for refund, the manager of public works or his or her duly designated agent must provide the petitioner, in writing, with a decision on the refund request including the reasons for the decision. If a refund is due petitioner, the manager of public works or his or her duly designated agent shall notify the manager of finance and request that petitioner receive a refund payment with no interest.
(e)
Petitioner may appeal the determination of the manager of public works as provided in section 56-106(e).
(f)
The right to a refund is limited by the provisions of this section 50-62.
(g)
Refunds shall be made only from monies collected from gateway impact fees.
(Ord. No. 842-00, § 1, 10-23-00; Ord. No. 775-07, § 87, 12-26-07)