§ 23-773. Refunds of impact fees.

a. Fees collected pursuant to this division shall be returned to the then current owner of the property on behalf of which such fees were paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the eighth anniversary of the date upon which such fees were paid.

b. Refunds shall be made only in accordance with the following procedures:

1. The then current owner shall petition the commission for the refund prior to the end of the fiscal year following the end of the fiscal year in which occurs the date of the eighth anniversary of the payment of impact fees.

2. The petition for refund shall be submitted to the city manager and shall contain:

A. A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the fees were paid;

B. A copy of the dated receipt issued for payment of such fees, or such other record as would indicate payment of such fees;

C. A certified copy of the latest recorded deed; and

D. A copy of the most recent ad valorem tax bill.

c. Within three (3) months from the date of receipt of a petition for refund, the city manager will advise the petitioner and the city commission of the status of the fees requested for refund, and if such fees have not been spent or encumbered within the applicable time period, then it shall be returned to the petitioner with any interest which may have been earned on such impact fees. For the purpose of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 2022-38, § 1, 8-16-22)