A. Payment to Developer. The developer shall receive all reimbursement fees collected by the city pursuant to BC 3.03.100 from persons developing property within the district, subject to BC 3.03.110. The reimbursement fees shall be remitted to the developer for as long as the reimbursement district agreement is in effect. Remittance to the developer shall be made by the city within 90 days of receipt of the reimbursement fee. The city may retain an amount up to one-half of one percent of the fee to cover its administrative costs, unless the resolution creating the reimbursement district specifies a different administration fee.

B. Collection. Whenever the full reimbursement fee has not been paid and collected for any reason after it is due, the city manager shall report to the council the amount of the uncollected reimbursement, the legal description of the property on which the reimbursement is due, the date upon which the reimbursement was due and the name or names of the person(s) responsible for payment. The council shall set a public hearing date and provide notice of the hearing to the owner(s) of the subject property and the person(s) responsible for paying the reimbursement fee if different. Notice may be made by regular mail, certified mail or personal service. At the public hearing, the council may accept, reject or modify the city manager’s report. If the council determines that the reimbursement fee is due but has not been paid for any reason, the council may in its sole discretion and by resolution take any action it deems appropriate, including all legal or equitable means necessary to collect the unpaid amount. However, nothing in this subchapter requires the city to take action to collect such amounts.

C. Other Fees and Charges. The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the city. [BC 3.03.150, added by Ordinance No. 4834, 1/17/23]