§ 56-66. Payment.

(a)

Except as otherwise provided in this article, an applicant shall pay the appropriate correctional facilities impact fee as established by this article or the applicable annual index resolution, as follows:

(1)

If the residential construction is located within the unincorporated area of the county, or within the municipal boundaries of a consenting municipality in which the county has taken responsibility for the issuance of development permits, the correctional facilities impact fee shall be paid to and collected by the county prior to the issuance of a building permit.

(2)

If the residential construction is located within the municipal boundaries of a consenting permitting municipality, the correctional facilities impact fee shall be paid to and collected by that permitting municipality prior to the issuance of a building permit for the residential construction pursuant to an interlocal agreement between the permitting municipality and the county, or alternatively, the permitting municipality may require the applicant to pay the correctional facilities impact fee to the county prior to the issuance of a building permit and only issue a building permit upon proof of payment from the county.

(b)

The correctional facilities impact fee shall be calculated according to the rate in effect at the time of payment.

(c)

The payment of the correctional facilities impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a building permit.

(d)

The obligation for payment of the correctional facilities impact fees shall run with the land.

(e)

In the event that a building permit issued for a residential construction expires prior to completion of the dwelling unit for which it was issued, the applicant may, within 90 days of the expiration of the building permit, apply for a refund of the correctional facilities impact fee. Failure to timely apply for a refund of the correctional facilities impact fee shall waive any right to a refund.

(1)

The application for refund shall be filed with the county manager and contain the following:

a.

The name and address of the applicant;

b.

The location of the property which was the subject of the building permit;

c.

The date the correctional facilities impact fee was paid;

d.

A copy of the receipt of payment for the correctional facilities impact fee; and

e.

The date the building permit was issued and the date of expiration.

(2)

After verifying that the building permit has expired and that the residential construction has not been completed, the county manager shall refund the correctional facilities impact fee paid for such residential construction.

(3)

A building permit which is subsequently issued for residential construction on the same property which was the subject of a refund shall pay the correctional facilities impact fee as required herein.

(Ord. No. 2007-40, § 4.06, 10-18-2007)