Ord 1999-079 - Laserfiche WebLink

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utilizing the average daily water consumption of similar structures or uses for the previous 12- month period. If a similar use or structure does not exist at the time of the request for a plumbing permit, the service units shall be derived as in section 86.301. (b) An applicant may pay an impact fee under protest and appeal the amount of the fee as provided in this section. Upon payment of the impact fee under protest, the building and plumbing permits shall be issued as if no appeal were taken. If, upon final hearing and determination of the appealed matter by the city council, it is found that the party overpaid, the party will be refunded the amount overpaid. If the party underpaid, the deficiency will be due to the city ten days after final determination and notice of the amount of deficiency. No certificate of occupancy will be issued until payment of the deficiency. (c) An applicant for a building or plumbing permit or the owner of the property has the right to appeal the amount of an impact fee to the city council, by delivery of written notice at least five working days before the next city council meeting to the city secretary, if the grounds for the appeal are: (1) The use designation of the structure pursuant to section 86.294 or this section; or (2) The numerical considerations or determinations of the SU factors used in computing the impact fee pursuant to section 86.298 or this section. The appeal shall be heard by the city council at its next regular meeting. The appellant may present evidence directly relevant and material to the grounds for the appeal. The city council, after hearing the appeal, may amend, recalculate or approve the impact fee previously derived. Sec. 86.301. New sewer use from existing customers. (a) When the pttblic vvOlks water and wastewater director determines a customer has constructed a new structure on property served by the city's sewer system without having by law to request a building or plumbing permit, the public works director shall notify the customer, in writing, that a capital recovery fee will be derived and charged to the customer as follows: (1) The impact fee will be based on the difference between sewer usage for the 12-month period following notification and the 12-month period preceding notification. (2) After notification, the director will maintain records for the 12-month period following notification and the 12-month period preceding notification. (3) The fee will be derived using the following formula: Service units = (gallons of sewage in following 12-month period - gallons of sewage in preceding 12-month period) -;- 109,500 Amount of impact fee = IF times service units. (4) An initial impact fee will be charged to the customer at the time of the notification. The amount of the initial impact fee will be based on an estimate of anticipated sewer usage derived by the director of public wOlks water and wastewater using available information. After a 12-month period has expired, a revised impact fee bill will be derived based on the formula specified in subsection (a)(3) of this section. If the customer overpaid, the amount overpaid will be refunded. If the customer underpaid, any deficiency will be due to the city ten days after final determination and notice of the amount of the deficiency. Both the initial fee and any underpaid amount of the revised fee will be charged to the customer on the customer's utility bill as provided in this chapter. (b) Any customer assessed this impact fee may appeal the amount of the fee as provided in section 86.300. -3-