Chapter 12.10
CONNECTION FEES IN LIEU OF ASSESSMENTS
Sections:
12.10.010 Connection charge in lieu of assessment.
12.10.030 Collection prior to connection – Amount.
12.10.040 Disbursement requirements.
12.10.010 Connection charge in lieu of assessment.
There is hereby established a connection charge in lieu of assessment, which shall be paid by the owner of property located outside the boundaries of a local improvement assessment district if the property is specially benefited by the construction of public improvements within a local improvement assessment district. [Code 2000 § 3.205.]
12.10.020 Determination.
At the time of application for the connection to a public improvement constructed within a local improvement assessment district, the manager shall determine:
(A) Whether the property for which the connection is sought is located outside the boundaries of the local improvement assessment district; and
(B) Whether the property is specially benefited by the construction of the improvement. [Code 2000 § 3.210.]
12.10.030 Collection prior to connection – Amount.
If the manager finds that the property for which the connection to public improvements is sought meets the criteria specified in CMC 12.10.020, he shall collect from the applicant prior to connection of the property to the public improvement a charge in an amount equal to the assessment which would have been assessed and levied against the applicant’s property had the property been located in the assessment district at the time the assessment was levied. [Code 2000 § 3.215.]
12.10.040 Disbursement requirements.
(A) If the charge in lieu of assessment collected under the provisions of CMC 12.10.030 is imposed within five years from the date of the ordinance levying the assessment for improvements within the applicable local improvement assessment district, then the city shall apply the amount of the charge received pro rata to the benefit of the person to whom the assessment was made in the local improvement assessment district proceedings.
(B) If the assessment was paid in cash, then the pro rata share shall be reimbursed to the person who made the cash payment.
(C) If the party being assessed made application to pay the assessment under the provisions of the Bancroft Bonding Act, then the pro rata credit shall be applied to the indebtedness of the applicant under the provisions of the Bancroft Bonding application.
(D) If the charge in lieu of assessment collected under the provisions of CMC 12.10.030 is imposed after five years from the date of the assessment ordinance, then the charge shall be deposited by the city into the appropriate account for the development of the type of utility and public improvements for which the assessment was originally made. [Code 2000 § 3.220.]