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HomeMy WebLinkAbout6455 r ORDINANCE NO.•6 4 5 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13 41 040, 19 02 070, 19 04 040, 19 06 040 AND 19 08 030 OF THE AUBURN CITY CODE RELATED TO DEFERRAL OF PAYMENT OF IMPACT FEES AND SYSTEM DEVELOPMENT CHARGES WHEREAS, RCW 82 02 authorizes the City Council to establish and implement impact fees for parks, transportation, school and fire to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to meet the demands for park, transportation, schools and fire services associated with new growth and development; and WHEREAS, RCW 35 92 025 authorizes, and the City Council has previously determined through ordinance action, that it is reasonable and in the public interest to enact and impose a utility systems development charge for the purpose of recovering a fair share of the costs of providing existing utility system infrastructure to serve new customers or revised uses of existing customers for the purpose of reimbursing the city's utility for the cost of construction of available capacity sanitary sewer, water and storm drainage facilities from those properties, which as part of their development and use create direct or indirect needs for those facilities, and WHEREAS, on March 21, 2011, the City Council adopted Ordinance 6341, which deferred payment of certain impact fees until either a certificate of occupancy was issued, or a sale on a property closed, in order to address the downtown in the local economy, a diminishing number of residential units are being built, a diminishing number of new non-residential projects are being built and a diminishing number of ---------------------------- Ordinance No 6455 February 5, 2013 Page 1 of 14 expansions of existing non-residential development are occurring, all of which adversely impacted the City's residential and non-residential development inventory, employment opportunities and revenue for government services, and WHEREAS, the City Council finds that Ordinance 6431, which created a two- year trial period, provided flexibility to applicants for residential and non-residential development on the timing of payment of impact fees and system development charges and that the provisions of that Ordinance should be made permanent, subject to continued reporting its effectiveness, and WHEREAS, the ordinance amendments are procedural in nature and therefore exempt from State Environmental Policy Act (SEPA) review; and WHEREAS, the City Council finds that the proposed amendments to the Auburn City Code to be consistent with and to implement the intent of the City's Comprehensive Plan, and WHEREAS, the Auburn City Council finds that it is in the interest of the public health, safety and welfare to adopt this ordinance to promote continued economic development in the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. That Section 13 41 040 of the Auburn City Code, entitled 'Utility Systems Development Charge -- Collection,' is hereby amended to read as follows 13.41.040 Collection. The water, sanitary sewer and storm drainage utilities systems development charges are immediately due and payable upon obtaining a permit for connection to the city utility Systems development charges for parcels that will utilize infiltration for storm ---------------------------- Ordinance No 6455 February 5, 2013 Page 2 of 14 water disposal are immediately due and payable upon obtaining a building permit to develop the parcel A. For residential development for new development, redevelopment or a change in use, dUFORg—theefferative peFiod of April '' 2011, through ApFil 4, 2043;and prior to issuance of a permit application, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of water, sanitary sewer and storm drainage development charges due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1 25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (A)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 13 41 070 shall not apply to determinations made pursuant to this section B For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, , and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay water, sanitary sewer and storm drainage development charges due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 ---------------------------- Ordinance No 6455 February 5, 2013 Page 3 of 14 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (13)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 13 41 070 shall not apply to determinations made pursuant to this section (Ord 6391 § 1, 2011, Ord 6341 § 1, 2011, Ord 5801 § 1, 2003, Ord 4830 § 1, 1996, Ord 4479 § 2, 1990, Ord 3610 § 2, 1981, Ord 3510 § 4, 1980 ) Section 2. Amendment to City Code. That Section 19 02 070 of the Auburn City Code, entitled 'School Impact Fees — Fee Collection,' is hereby amended to read as follows 19.02.070 Fee collection. The school impact fee shall be imposed, based on the impact fee schedule, at the time of application to the city for a development activity permit. The school impact fee shall be imposed based on the impact fee schedule adopted for the applicable school district. The impact fee and the application fee shall be collected by the city and maintained in separate accounts All school impact fees shall be paid to the district from the school impact fee account monthly The city shall retain all application fees associated with the city's administration of the impact fee program A. Impact fees shall be imposed upon development activity in the city concurrent with the issuance of a building permit. The fees are based upon the adopted fee schedule and collected by the city from any applicant where such development activity requires issuance of a residential building permit or a building permit for a manufactured or mobile home located on platted lots within manufactured/mobile home parks, and the fee has not been previously paid Impact fees are only collected and disbursed within the boundaries of a school district that has executed an interlocal agreement with the city of Auburn B Applicants for single-family and multifamily residential building permits and for manufactured/mobile home building permits shall pay the total amount of the impact fees assessed before the building permit is issued, using the impact fee schedules then ---------------------------- Ordinance No 6455 February 5, 2013 Page 4 of 14 in effect. The owner of the manufactured/mobile home park shall be responsible to pay the fee C The city shall not issue the required building permit or manufactured/mobile home building permit unless and until the impact fees set forth in the impact fee schedule have been paid D The city will impose an application fee, as provided for in the city's adopted fee schedule, per dwelling unit which is subject to and not otherwise exempt from this chapter to cover the reasonable cost of administration of the impact fee program The fee is not refundable and is collected from the applicant of the development activity permit at the time of permit issuance E For complete single-family building permit applications for new development, redevelopment or a change in use, , 2011, through Apr"! ^, 201 , and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of school impact fees due and owing by providing for automatic payment through escrow of these school impact fees due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (E)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full F For complete multifamily building permit applications for new development, redevelopment or a change in use, dUFORg the-effes*ep ried of ApFil 4,2011, through ^^l^- , 20-1-3—, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of school impact fees due and owing by providing for automatic payment through escrow of these school impact fees due and owing to be paid no later than at ---------------------------- Ordinance No 6455 February 5, 2013 Page 5 of 14 time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1 25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (F)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full (Ord 6341 § 2, 2011, Ord 6077 § 2, 2007, Ord 5261 § 1 (Exh A), 1999, Ord 5078 § 1, 1998 ) Section 3. Amendment to City Code. That Section 19 04 040 of the Auburn City Code, entitled `Transportation Impact Fees — Assessment of Impact Fees,' is hereby amended to read as follows 19.04.040 Assessment of impact fees. A. Effective July 1, 2001, the city shall collect impact fees, based on the fee schedule of the city of Auburn, from any applicant seeking a building permit from the city for any development activity within the city B Effective May 19, 2003, where a change in use increases the trip generation by more than one whole PM peak hour trip, the director shall calculate a transportation impact fee based on the increases in the trip generation rate C The director shall apply a heavy truck adjustment factor to the transportation impact fees for industrial land uses, addressing the percentage of vehicle trips for such uses made by trucks of three or more axles and the street capacity used by such trucks in comparison to other vehicles D The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19 04 050, and adjusted for any credits pursuant to ACC 19 04 060 E Payment of impact fees shall be made by the feepayer at the time the building permit is issued The amount to be paid shall not be increased for any applicant that --------------------------- Ordinance No 6455 February 5, 2013 Page 6 of 14 176 do L 96ed £lOZ '9 Ajenigad 99b9 ON eoueuipap sailnbaa 1egj A4lo eqj Aq papinoad pue pajedaid swjol uo Apadoid eqj of aI}ij Isuiebe jueuanoo a paooaa of joela Aew jueoildde eqj `palonilsuoo 6uiaq si 1egj Iiwaad buiplinq leiluapisai Aliuwelillnw Aue jo aouenssl jo awil eqj le ao of joud pue 'Cl;(), ' `asn ui a6uego a jo juawdolanapaa `}uawdolanap nnau ao} suoljeoildde jiwaad 6ulpllnq Aliweji}lnw 91a1dwoo joj 1 uoljoes sigj of juensind apew suoijeuiwaalap of Aldde jou (legs 080 t O 6 I- 30b ul pazuoq}ne ss000id sleadde aql £ Ilnj ui pied aae sa6jego juawdolanap a6euieap waols pue fames kepes `ja}em 6uipuelsino Ile 1egj awil Bons pun pn ao jol eqj aol sjiwjad aanjnj Aue jo 6uljueA agj Iiwil (legs pue A}inijoe juawdolanap juaaano aqj ql!m paleloosse pn jo jol aqj aol panssl Alsnoinaad s}iwjad Aue puedsns Aleleipawwi Aew pue sa6aego pledun eqj jo junowe eqj ui (sei)A:pedoid pa:4iwaad aqj }sule6e wall a paooaa Aew Alp aqj `u01109s sM 10 (1,)(H) uoijoesgns ui peziaog}ne suoijoe aqj of uoijippe ul sa6jego pledun ay} }o junowe agj ui panssl uaaq aneq (s)Iiwaad e goigm jol (sai)A:p@doad agj Isuie6e uail a ajnjijsuoo llegs anp aae sa6aeyo ay} alep eqj w04 sAep 0£ buipuelslno aje }eg}aaldego sigj Aq paldope sa6aeyo pledun Auy Z suoijoes asegj japun (sei)A:pedoid pa:4iwaad eqj uo 6uijan000 uoljeloin a ajnjijsuoo lleys pledun 6uiulewai junowe eel joedwi eqj pue `6ulaan000 si uoi}eloin ay} gOILIM uo (sai)49doid eqj ajnjijsuoo llegs panssl uaaq seq (s)liwjad a goigm jol (sei)A:padoid eq} `Jaumo Apadoid a aln1gsuoo (legs Aped elgisuodsai eqj '990 9Z I• pUe OEO 9Z I. 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Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (1)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 04 080 shall not apply to determinations made pursuant to this section J For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, duFing the offeGtiye peried of ApFil it 2011 through ApFil 4 2013, and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay transportation impact fees due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections ---------------------------- Ordinance No 6455 February 5, 2013 Page 8 of 14 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (J)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 04 080 shall not apply to determinations made pursuant to this section (Ord 6341 § 3, 2011, Ord 6005 § 1, 2006, Ord 5763 § 1, 2003, Ord 5506 § 1, 2001 ) Section 4. Amendment to City Code. That Section 19 06 040 of the Auburn City Code, entitled `Fire Impact Fee - Assessment of Impact Fee,' is hereby amended to read as follows 19.06.040 Assessment of impact fees. A. Effective January 1, 2006, the city shall collect impact fees, based on the fee ' schedule of the city of Auburn, from any applicant seeking development approval from the city for any development activity within the city B The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19 06 050, and adjusted for any credits pursuant to ACC 19 06 060 C Payment of impact fees shall be made by the feepayer at the time the building permit is issued for each unit in the development. The amount to be paid shall not be increased for any applicant that submitted a complete application for the building permit before the city established the impact fee rates D Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19 06 060 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19 06 060 setting forth the dollar amount of the credit awarded Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued E The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded F For complete single-family building permit applications for new development, redevelopment or a change in use, during the eff8Gt,ve period of nn.,l ^ 2011,Through April ^ 204-3—, and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of fire impact fees due and owing by providing for automatic payment through escrow of these fire impact fees due and owing to be paid no later ---------------------------- Ordinance No 6455 February 5, 2013 Page 9 of 14 than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1 25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (F)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 06 080 shall not apply to determinations made pursuant to this section G For complete multifamily building permit applications for new development, redevelopment or a change in use, during-the-e#est+ve Fled of April 4, 201-1 through April 4— 204-3—, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of fire impact fees due and owing by providing for automatic payment through escrow of these fire impact fees due and owing to be paid no later than at time of closing of the sale of the unit, or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1 25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (G)(1) of this section, the city may record a lien against ---------------------------- Ordinance No 6455 February 5, 2013 Page 10 of 14 the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 06 080 shall not apply to determinations made pursuant to this section H For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, , and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay fire impact fees due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (H)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 06 080 shall not apply to determinations made pursuant to this section (Ord 6341 § 4, 2011, Ord 5977 § 1, 2005 ) Section 5. Amendment to City Code. That Section 19 08 030 of the Auburn City Code, entitled 'Parks Impact Fees — Assessment of Impact Fees,' is hereby amended to read as follows ---------------------------- Ordinance No 6455 February 5, 2013 Page 11 of 14 19.08.030 Assessment of impact fees. A. Effective January 1, 2007, the city shall collect park impact fees, based on the fee schedule of the city of Auburn, from any applicant seeking development approval from the city for any development activity that includes dwelling units within the city The park impact fees established hereby shall be listed on the city of Auburn fee schedule B Effective January 1, 2007, where a change in use increases housing capacity by more than or equal to one dwelling unit, the director shall calculate a parks and recreation impact fee based on the increase in the housing capacity C The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19 08 040, and adjusted for any credits pursuant to ACC 19 08 050 D Payment of impact fees shall be made by the feepayer at the time the building permit is issued for each unit in the development. The amount to be paid shall not be increased for any applicant that submitted a complete application for the building permit before the city established the impact fee rates E Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19 08 050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19 08 050 setting forth the dollar amount of the credit awarded Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued F The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded G For complete single-family building permit applications for new development, redevelopment or a change in use, dur„ng the-e#es ' e peFied of Apr'! 4, 2011, through pFil ^, 204-3—, and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of parks impact fees due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a ---------------------------- Ordinance No 6455 February 5, 2013 Page 12 of 14 permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (G)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 08 070 shall not apply to determinations made pursuant to this section H For complete multifamily building permit applications for new development, redevelopment or a change in use, dung +-;e 8ffeGtive peried of ApFil 4; 2911, thFough April 4, 20443--, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of parks impact fees due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1 25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1 25 030 and 1 25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections 2 Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges In addition to the actions authorized in subsection (H)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full 3 The appeals process authorized in ACC 19 08 070 shall not apply to determinations made pursuant to this section (Ord 6341 § 5, 2011, Ord 6063 § 1, 2006 ) Section 6. Reporting. The Mayor or the Mayor's designee shall provide a report on the Fee Deferral Program to the City Council every two years ---------------------------- Ordinance No 6455 February 5, 2013 Page 13 of 14 Section 7, Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 8. Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its a pp lication to other persons or circumstances Section 9. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED a- \c� acA 3 PASSED a- \S D-o\3 APPROVED a- \ �o CIT AU PETER B LEWIS MAYOR ATTEST Danielle E Daskam, City Clerk APPRO D A TO FORM Da 'el B Hei torn y Publishede�� c� �5 ,a�� - ti� � ---------------------------- Ordinance No 6455 February 5, 2013 Page 14 of 14