Ordinance 2001-135 - Laserfiche WebLink

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expiration or revocation of the building permit prior to construction or approval of demolition of the structure pursuant to a valid City-issued demolition permit. Failure to apply for a refund within sixty (60) days following expiration or revocation of the building permit or demolition of the structure shall constitute a waiver of entitlement to a refund. No interest shall be paid by the City in calculating the amount of the refunds. 5. Applications for refunds due to the failure of the City to appropriate impact fees collected from the applicant within the time limits established in Section 4.B.2 hereof shall be made on forms provided by the City and shall be made within one (1) year following the expiration of such time limit. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the impact fees paid by public facility category and receipts evidencing such payments, and (c) description and documentation of the City's failure to appropriate impact fee funds for relevant public facilities. 6. The City may, at its option, make refunds of impact fees by direct payment, by offsetting such refunds against other impact fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner. Section 5: Appeals. A. An appeal from any decision of the Building Official or his designee, may be appealed to the City Manager within fifteen (15) days. An appeal from any decision of a City Manager pursuant to this Ordinance shall be made to the Commission by filing a written appeal on the appropriate City form with the City Clerk within thirty (30) days following the decision which is being appealed; provided, however, that if the notice of appeal is accompanied by a cash bond or letter of eredit performance bond in a form satisfactory to the City Attorney in an amount equal to the impact fee calculated to be due, a building permit may be issued for the new development. The filing of an appeal shall not stay the imposition or the collection of the impact fee as calculated by the City unless a eash performance bond ef letter of eFedit has been provided. B. The burden of proof shall be on the appellant to demonstrate that the decision of the City is erroneous. C. All appeals shall detail the specific grounds therefore and all other relevant information and shall be filed on a form provided by the City for such purposes. Section 6: ExemptionslW aivers. A. Filing of Application. Petitions for waivers from specific impact fees shall be filed with the Commission on forms provided by the City. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 -- 11:45 AM 13