§ 159.305. Imposition of Public Buildings Impact Fees.

(A)

Effective October 1, 2005, any person who seeks to make improvements to land which can generate additional demand on public buildings and which requires the issuance of a building permit or certificate of occupancy or other permit, or who seeks to change the use of land to a use which can generate additional need for public buildings shall be required to pay a public buildings impact fee in the manner and amount set forth in this article.

(B)

No building permit, certificate of occupancy, or other permit shall be issued or change of use allowed unless and until the public buildings impact fee hereby required has been paid.

(C)

The applicant shall pay the applicable impact fee to the City prior to the issuance of a building permit, a certificate of occupancy, or other permit, or to a change of use.

(D)

If public buildings impact fees are owed, no development permits of any type or certificates of occupancy may be issued for the building or structure in question and no construction or change of use allowed while the fee remains unpaid. The City Manager may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees.

(E)

A violation of this article is punishable as an ordinance violation as provided in the City Charter and City Code. In addition to or in lieu of any criminal prosecution, the City has the power to sue for relief in civil court to enforce the provisions of this article. Knowingly furnishing false information to the City Manager or any municipal official who is charged with the administration of this article on any matter relating to the administration of this article constitutes a violation hereof.

(F)

In the case of structures, mobile homes, recreational vehicles that are moved from one location to another, a public buildings facility impact fee will be collected for the new location if the structure, mobile home or recreational vehicle constitutes one of the land development uses listed in section 159.308, regardless of whether public buildings impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure, mobile home or recreational vehicles so moved is replaced by an equivalent use, no public buildings impact fee is owed for the replacement use. In every case, the burden of proving past payment of public buildings impact fee equivalency of use rests with the applicant.

(Ord. No. 06-64, § 5, 10-9-06; Ord. No. 13-24, § 2, 5-28-13)