3.07.090 Collection of charge.
A. The TSDC is payable upon the issuance of:
1. A building permit;
2. A development permit for development not requiring the issuance of a building permit.
B. If no building, development, or access permit is required, the TSDC is payable at the time the usage of the capital improvement is increased based on the changes in the use of the property unrelated to seasonal or ordinary fluctuations in usage.
C. Notwithstanding issuance of a building or occupancy permit without payment, the TSDC liability shall survive and be a personal obligation of the permittee.
D. Intentional failure to pay the charge within 60 days of the due date shall result in a penalty equal to 50 percent of the charge. Interest shall accrue from the 60-day point at the legal rate established by statute.
E. In addition to an action at law and any statutory rights, the City may:
1. Refuse to issue any permits of any kind to the delinquent party for any development;
2. Refuse to honor any credits held by the delinquent party for any development;
3. Condition any development approval of the delinquent party on payment in full, including penalties and interest;
4. Revoke any previous deferrals issued to the delinquent party, in which case the amount immediately shall be due, and refuse to issue any new deferrals;
5. Withdraw the amount due, including penalties and interest, from any offset account held by the jurisdiction for the delinquent party.
F. For purposes of this section, delinquent party shall include any person controlling a delinquent corporate permittee, including but not limited to any partnership, limited liability company or joint venture and, conversely, any corporation or entity controlled by a delinquent individual permittee.
G. The finance director is authorized to take the following actions with respect to TSDCs, penalties, and interest:
1. To take any action described in this section to collect and enforce the charge, penalties, and interest.
2. To initiate legal action or exercise any other statutory right to collect any delinquent charge, penalties and interest under this chapter upon approval of the city council, as applicable, or in accordance with any general city collection policy.
3. If the finance director and the city attorney determine that the delinquent charges for any development are for any reason wholly uncollectible, the finance director and city attorney may request, in writing, to the city council for an order directing that the charges be cancelled. The city council, when so requested, may in its discretion order and direct the finance director to cancel such uncollectible charges. [BC 3.07.090, added by Ordinance No. 4661, 7/14/15]