§ 159.311. Refund of Fees Paid.

(A)

If a building permit or a permit for a mobile home or recreational vehicle expires and no construction has been commenced, then the applicant or its successors may request, within three (3) months of permit expiration, a refund of the impact fee paid as a condition for its issuance without payment of interest. The refund request should substantially follow the submittal requirements of a refund petition described in subsection (B)(2). If administrative charges are adopted by resolution under section 159.307(A), the City shall retain the appropriate fee amount as reimbursement for the City's cost of processing the refund.

(B)

(1)

Any impact fee funds not expended or encumbered by the end of the calendar quarter immediately following seven (7) years from the date the public buildings impact fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the seven (7) year period, be returned to the current owner with interest at the rate of three (3) percent per annum.

(2)

If such funds have not been spent during this time period, the then-present owner of the property may obtain a refund according to the following procedure:

(i)

The then-present owner must petition the City Council for a refund within one hundred eighty (180) days of the seven (7) year period.

(ii)

The petition must be submitted to the City Manager and must include the following:

(a)

A notarized, sworn statement that the petitioner is the current owner of the property;

(b)

A copy of the dated receipt issued for payment of the fee;

(c)

A certified copy of the latest recorded deed; and

(d)

A copy of the most recent ad valorem tax bill.

(3)

Within sixty (60) days from the date of receipt of the petition for refund, the City Manager, or his designee, shall advise the petitioner and the City Council of the status of the fee requested for refund. For purposes of determining whether fees have been spent or encumbered, the first money placed into the special revenue account shall be deemed to be the first money taken out of that account.

(4)

When the money requested is still in the special revenue account and has not been spent or encumbered by the end of the calendar quarter immediately following seven (7) years from the date the fees were paid, the funds shall be returned with interest at the rate of three (3) percent per annum. If administrative charges are adopted by resolution under section 159.307, the City shall retain the appropriate fee amount as reimbursement for the City's cost of processing the refund.

(Ord. No. 06-64, § 11, 10-9-06; Ord. No. 13-24, § 2, 5-28-13)