Chapter 15.48
CONSTRUCTION AND DEVELOPMENT FEES
Sections:
15.48.050 Payment of fees – When.
15.48.070 Payment required before occupancy.
15.48.080 Disposition of proceeds – Creation of the development impact fund.
15.48.010 Findings.
The findings of the council set forth in this section are not necessary all-inclusive. There are numerous related concerns which reflect the basis for this chapter. The council find as follows:
A. The city is basically for single-family residences which have comprised the majority of the housing units in the city.
B. For the last several years the development and construction of multi-unit residential complexes predominate, particularly condominium-type complexes.
C. In view of the current market conditions and other realities, all studies and information available indicate that this trend will continue.
D. In may cases, these developments supplant the properties that previously existed at lower density levels.
E. The city is only approximately five square miles in size, and therefore future density increases will occur on territory already populated by a lesser amount of people with services and public facilities geared to that lesser amount.
F. The development and construction of new residential living units within the city creates an immediate and present danger to the existing quality of life and the ecology of the city and threatens to burden and overtax the existing public purposes of the city, such as the provisions of public services, utilities, water and drainage and the treatment and disposal of sanitary sewerage which affects the health, welfare and safety of the community.
G. It is further found and determined that the imposition and collection of a nonrecurring fee upon the development and construction of new multi-unit residential dwelling units as defined in this chapter is a practical and equitable method of providing revenues with which the city may meet, deal with and solve serious problems created by the occupancy and construction of such developments within the city. Further, it is determined that the number of dwelling units tends to be reasonably proportionate to the impact that the development would have on the environment of the city and on the quantity of municipal services required for that development and its cumulative impact on the city. (Prior code § 6-10.01)
15.48.020 Definitions.
For the purpose of this chapter, unless otherwise apparent form the context, certain words and phrases are defined as follows:
“Dwelling unit” means and includes and dwelling designed for human occupancy which has one or more rooms, with or without a kitchen or cooking facilities.
“Multi-unit residential development” means any condominium, stock cooperative, community apartment project, planned development, or apartment house (including duplexes and triplexes) of at least two or more dwelling units. (Prior code § 6-10.02)
15.48.030 Imposition.
A multi-unit residential development impact license fee is imposed upon the occupancy and construction of each new dwelling unit in developments defined in Section 15.48.020. (Prior code § 6-10.03)
15.48.040 Rate.
The rate of the fees imposed is one thousand dollars per dwelling unit. (Prior code § 6-10.04)
15.48.050 Payment of fees – When.
The amount of the fees due pursuant to this chapter shall be paid either at the time of the issuance of a building permit for the building or at the time of the issuance of any certificate of occupancy, and the full amount of the fee shall be due and payable to the city prior to the occupancy of such dwelling unit or units. (Prior code § 6-10.05)
15.48.060 Collection.
The building official or his designee shall collect the fees due pursuant to this chapter. The full amount due shall constitute a debt to the city. An action for the collection thereof shall be commenced in the name of the city in any court having jurisdiction. (Prior code § 6-10.06)
15.48.070 Payment required before occupancy.
No building permit and/or certificate of occupancy shall be issued for, and no person shall occupy or offer for occupancy, any new dwelling unit or development, as defined in this chapter, in the city unless the fee imposed upon the occupancy and construction thereof by this chapter has been paid. (Prior code § 6-10.07)
15.48.080 Disposition of proceeds – Creation of the development impact fund.
All proceeds from the fees collected under this chapter shall be paid to a special fund of the city to be applied to the costs incurred by the city concomitant with the burden increased by the multi-unit residential facilities, open space, drainage and other public facilities and services related thereto. Said fund shall be entitled “the development impact fund” and shall be used for any purpose consistent with the needs expressed in this chapter. (Prior code § 6-10.08)
15.48.090 Exemptions.
The following shall be exempt from payment of the multifamily development impact fee required by this chapter:
A. Multi-unit residential developments for senior citizens which are developed and operated by nonprofit corporations;
B. Affordable units for lower income families in multi-unit residential development, when such units are guaranteed to remain affordable for a period of thirty years. (Ord. 1737 § 1, 2012: prior code § 6-10.09)