§ 130-133. Fee collection.

(a)

New construction.

(1)

One-time payment. For new construction the fee in lieu of providing parking shall be paid in full prior to obtaining a full building permit. Such fee shall be refunded, upon the request of the applicant, if construction does not commence prior to expiration of the building permit.

(2)

Yearly fee. For those projects which are eligible for and elect a yearly payment plan, the first fee-in-lieu payment shall be [due] at the time the occupational license or certificate of use, whichever is earlier, is issued. The amount due shall be prorated from September 30. Subsequent annual payments shall be paid in full by June 1 as long as the use exists. The amount of the payment is set forth in subsection 130-132(b)(2).

(b)

Existing structures. For existing structures and those which elect a yearly payment plan, the first fee-in-lieu payment shall be due at the time the occupational license or certificate of use, whichever is earlier, is issued. The amount due shall be prorated from September 30. Subsequent annual payments shall be paid in full by June 1 as long as the use exists. The amount of the payment is set forth in subsection 130-132(b)(2).

(c)

Existing structures; one-time redemption payment. For existing structures, a one-time redemption payment may be made at any time and shall be in the amount determined by application of the formula for a one-time payment as set forth in subsection 130-132(b)(2).

(d)

Late payments. For late payments, monthly interest shall accrue on unpaid funds due to the city under the fee-in-lieu program at the maximum rate permitted by law. Additionally, a fee in the amount of two percent of the total due shall be imposed monthly to cover the city's costs in administering collection procedures.

(e)

Failure to pay. Any participant in the fee-in-lieu program who has failed to pay the required fee within three months of the date on which it is due shall be regarded as having withdrawn from the program and shall be required to provide all parking spaces required by these land development regulations or cease the use for which such spaces were required. Failure to comply shall subject such participant to enforcement procedures by the city and may result in fines and liens as provided by law.

(Ord. No. 89-2665, § 7-7(B), eff. 10-1-89; Ord. No. 93-2882, eff. 10-1-93; Ord. No. 2010-3676, § 1, 3-10-10; Ord. No. 2011-3738, § 2, 9-14-11; Ord. No. 2016-4033, § 1, 9-27-16)