2.20.060 Obligation to Pay Reimbursement Fee.
A. The applicant for a City approval related to property within any reimbursement district shall pay the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities:
1. A building permit for a new building;
2. Building permit(s) for any addition(s), modification(s), repair(s) or alteration(s) of a building, which exceed 25 percent of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building’s real market value. This subsection shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster;
3. Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under City standards in effect at the time of permit application;
4. Connection to or use of a water improvement, if the reimbursement district is based on the water improvement;
5. Connection to or use of a sewer improvement, if the reimbursement district is based on the sewer improvement;
6. Connection to or use of a street improvement, if the reimbursement district is based on the street improvement;
7. Approval of a land partition or final subdivision plat.
B. The City’s determination of who shall pay the reimbursement fee is final. Neither the City nor any elected official, appointed official, agent or employee of the City shall be liable for payment of any reimbursement fee as a result of this determination, or as a result of failure, for any reason, of the City to collect a reimbursement fee.
C. A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this chapter is intended to modify or limit the authority of the City to provide or require access management.
D. No person shall be required to pay the reimbursement fee on an application or on property for which the reimbursement fee has been previously paid. Reimbursement fee must be paid in full when a permit or land division approval, including a final subdivision plat, is issued or approved.
E. The City, Deschutes County, the State of Oregon and the United States are not required to pay a reimbursement fee.
F. The right of reimbursement shall not extend beyond 10 years from the district formation date. The applicant solely and exclusively bears the risk that the City may not collect from benefited property owners their respective share of the cost of the improvement, and that the total amount collected may be less than anticipated. Further, the applicant acknowledges that by utilizing the procedures of this chapter that the City shall be under no obligation to institute legal proceedings to collect unpaid amounts that may be due to the applicant. The applicant must institute and pay for such legal proceedings, and the City will not be obligated to share or pay the litigation costs associated with such proceedings.
G. The applicant shall warrant the improvement against defects in materials or quality of construction for a period of one year from the date of acceptance. [Ord. NS-2182, 2012]