Ordinance 2001-135 - Laserfiche WebLink

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B. Effect of Grant of Exemption. If an exemption from the application of the provisions of this Ordinance is authorized by the terms of a specific impact fee ordinance, or if the Commission determines that such an exemption is appropriate or required by law, the City shall not be required to provide any funds equal to the amount of any impact fee which would have been due without such exemption. C. Effect of Grant of Waiver. If the Commission grants a waiver in whole or in part of impact fees otherwise due, the amount of the impact fees waived shall be provided by the City from non-impact fee funds, and such funds shall be deposited to the appropriate impact fee account within a reasonable period of time consistent with the applicable City capital improvements program. D. Development Agreements. Nothing herein shall be deemed to limit the City's authori6y or ability to enter into Development Agreements with applicants for new development that may provide for dedication of land, payments in lieu of impact fees, or actual infrastructure improvements. Such development agreements may allow offsets against impact fees for contributions made or to be made in the future in cash, or by taxes or assessments or dedication of land or by actual construction of all or part of a public facility by the affected property owner. Section 7: Enforcement A. It is unlawful for any person or entity to enlarge, alter or change any use of property or to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building in the City, or attempt to do so, or cause the same to be done, without first paying all impact fees imposed by this Ordinance. Any person or entity who shall so violate this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined up to Five Hundred Dollars ($500.00) or imprisoned for up to thirty (30) days, or be both fined and imprisoned. Each day that the violation continues shall be deemed a separate offense. B. In the event an impact fee is not paid as required hereunder, the City Attorney may institute an action to recover the fee and enjoin the use of the property until the fee is paid. The person who fails so to pay shall be responsible for the costs of such suit, including reasonable attorney's fees. C. If not paid as required by this Ordinance, impact fees shall constitute a lien against the property being developed and shall be levied, collected, and enforced in the same manner as are City real property taxes, and shall have the same priority and bear the same interest and penalties as City real property taxes for lien purposes. Section 8. Repealer To the extent of any conflict between Resolution No. 2001~ and any ordinances adopting and imposing the impact fees, those ordinances shall be deemed to be controlling. Municipal Facilities Impact Fee Ord Legislative/Ordinances! Attorney 7/18/01 --11:45 AMp 14