3.10.050 Collection of charge.
A. The systems development charge is payable upon, and as a condition of, issuance of:
1. A building permit;
2. A development permit for development not requiring the issuance of a building permit;
3. A permit to connect to the water, sanitary sewer or storm drainage systems; or
4. A permit to construct a driveway or private street connection to a public street.
For those uses for which no permit is provided, including a change in occupancy that results in an increased system usage level, the final approval granted by the city approving the use or occupancy shall be deemed a building permit for the purpose of this chapter.
B. If development is commenced or connection is made to the street system, water system, sanitary sewer system or storm sewer system without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required, and it will be unlawful for anyone to continue with the construction or use constituting a development until the charge has been paid or payment secured to the satisfaction of the city manager.
C. Any and all persons causing, constructing, conducting, occupying or using the development or making application for the needed permit, or otherwise responsible for the development, are jointly and severally obligated to pay the charge, and the city manager may collect the charge from any of them. The city manager or his/her designee shall not issue any permit or allow connections described in subsection A of this section until the charge has be paid in full or until an adequate secured arrangement for its payment has been made.
D. A systems development charge shall be paid in cash when due, or in lieu thereof, the city manager may accept the delivery of a written agreement to pay if the written agreement is secured by collateral satisfactory to the city manager or his/her designee. The collateral may consist of mortgage or trust deeds of real property, or an agreement secured by surety bond issued by a corporation licensed by state law to grant such undertakings, or by cash deposit, letter of credit, or other like security acceptable to the city manager.
E. The person paying the systems development charge in installments may apply for deferral of the payments.
F. Industrial and commercial shell buildings which are erected for future tenants whose identities and use are not known at the time of construction are not required to pay the transportation systems development charge at the time a building permit is issued. In lieu of this payment, an industrial property owner or owners shall execute a note to the city in the amount of the systems development charge for general light industrial use. A commercial property owner or owners shall execute a note based upon the anticipated use as approved by the city manager, or designee. Any such note shall become due and payable in one year, bear no interest and be recorded on the docket of city liens.
During the one year period, if the occupant of the structure is identified, the transportation systems development charge shall be calculated in accordance with the adopted methodology, and the then in effect rates, and shall immediately become due and payable. Upon payment in full, the interim note, as referenced above, shall be cancelled and returned to the property owner.
In the event that no occupant is identified during this one-year interim period and the structure continues vacant:
1. The note shall become due and payable in full; or
2. The property owner may request the city to accept a new note in the same amount for an additional one-year period subject to the same conditions set forth above. Only one extension will be granted. (Ord. 4980 §1, 2014; Ord. 4495 §1 (part), 1991).