§ 23-91. Limitation of issuance of building permits.

(a)

Except as permitted by subsection (b), no person shall carry out any traffic-generating development unless the applicable impact fee pursuant to section 23-92 or alternative impact fee pursuant to section 23-93 was paid or properly deferred at the time of issuance of the building permits, to be clearly identified as "paid or deferred under written protest" in the case of an anticipated appeal or disagreement with the assessment.

(b)

Deferral of impact fees.

(1)

For the following types of projects, the transportation impact fee may be paid prior to the issuance of a certificate of occupancy (temporary or otherwise), but no certificate of occupancy shall be authorized or issued until the impact fee has been paid:

a.

A certified affordable housing project, provided an agreement setting forth the terms and conditions of the discount and deferral of the impact fee has been executed;

b.

A new commercial project (including a multifamily project without single-family homes or duplexes) with a building permit valuation of at least one million dollars ($1,000,000.00), provided an impact fee deferral form has been executed and the service charge required under subsection (b)(3) has been paid; or

c.

A single-family home or duplex, provided an impact fee deferral form has been executed.

(2)

For any such eligible project that defers payment of the applicable transportation impact fee, the impact fee for the entire project must be paid when the first certificate of occupancy, temporary or permanent, is issued.

(3)

Lien and service charge.

a.

If the transportation impact fee is deferred at the time of issuance of the building permit, as authorized by subsection (b)(1) for an eligible commercial project, a service charge shall be assessed and a notice of nonpayment setting forth the legal description of the property and the amount of the impact fee liability shall be executed by the county. The county shall serve this notice upon the owner by certified mail and record it in the official records of the county. This notice shall thereupon operate as a lien against such property for the amount of the impact fee and all interest, penalties, costs, and fees for collection, coequal with lien(s) of any and all state, county, district, and municipal taxes.

b.

Upon payment of the impact fee, the county shall promptly serve a notice of payment upon the owner by certified mail and record the notice of payment in the official records of the county.

(4)

In the event the impact fee is not paid prior to the issuance of a certificate of occupancy (temporary or otherwise), the county shall make demand for payment of the fee. If the fee is not paid within fourteen (14) days after the county makes demand:

a.

The county may collect the transportation impact fee, interest from the date payment was due at the rate fixed by state statute for judgments, the costs of such collection, and reasonable attorneys' fees; and

b.

For an eligible project, the building and/or license holder who pulled the building permit may be prohibited from pulling any other building permits until the transportation impact fee has been paid.

(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13)