Chapter 4.01
GENERAL PROVISIONS

Sections:

4.01.010    Definitions.

4.01.015    Penalty.

4.01.100    Challenge to SDC Expenditure.

4.01.200    Installment Payments of SDC.

4.01.010 Definitions.

As used in this chapter, the following mean:

Consumer – The person occupying the premises or using the water supplied to the premises.

Customer – The actual person as shown in the records of the finance department who is responsible for paying any bills for water use or charges established pursuant to this chapter. Customer may include the consumer and always includes the owner of record of the property.

Mayor – The mayor or the mayor’s designee.

Systems Development Charge (SDC) – Has the meaning given to that term in ORS 223.299 (1989 version). [BC 4.01.010, amended by Ordinance No. 3787(1), 9/9/91]

4.01.015 Penalty.

Unless otherwise provided, any violation of this chapter is a Class 1 Civil Infraction and shall to be processed in accordance with the procedure set forth in BC 2.10.010 through 2.10.050 (Civil Infractions Ordinance). In addition to any other remedy available to it, the City may deny any and all discretionary permits to a person or his or her agent or employee if any or all of a fee imposed for any aspect of property development or redevelopment or an installment payment of that fee is due the City from that person but is unpaid and delinquent. [BC 4.01.015, amended by Ordinance No. 3787(2), 9/9/91]

4.01.100 Challenge to SDC Expenditure.

A person who challenges the City’s expenditure of SDC revenue shall file the challenge in writing with the City Recorder stating the grounds for the challenge. A challenge to an SDC expenditure shall be void and of no legal effect if not received by the City within two years from the date of the first purchase order or other debt instrument executed by the City making all or part of that expenditure. On the City’s receipt of a valid challenge the Mayor or his/her designee shall investigate the matter and shall issue a formal determination of the validity of the expenditure in writing within 30 days from the date the challenge is received. The Mayor’s determination shall be final unless the person who filed the challenge appeals that determination in writing to the City Recorder no later than 14 days after the date of the Mayor’s determination. On receipt of a timely filed appeal the City Recorder shall set the matter for public hearing at the next available regular meeting of the City Council. The Council after public hearing shall affirm, reject or modify the Mayor’s determination based on the record made at the hearing by majority vote of those present; its vote on the matter shall be final. [BC 4.01.100, added by Ordinance No. 3787(3), 9/9/91]

4.01.200 Installment Payments of SDC.

A. Except where the Washington County Ordinance relating to a traffic impact fee provides otherwise, a person from whom an SDC in an amount not less than $500 is due and payable may apply to the City on or before the due date to pay same in equal semi annual installments with interest over a period not to exceed 10 years.

B. The Finance Director in his/her discretion shall determine from time to time the appropriate interest rate to be charged for such installment payments sufficient to recoup the city’s costs to administer the installment payment process and reflecting the present state of the local market for sale or guarantee of the payments receivable.

C. No application for installment payment financing of SDC shall be valid unless in writing on a City approved form, signed by the owner of the property on which the development subject to the SDC occurs or the owner’s agent with authority, submitted with a non-refundable application fee set by the Finance Director, and accompanied by written acknowledgment by any and all persons presently holding security interests in the same property that the City’s lien on the property for payment of the installments shall be prior and superior to any other lien. The Finance Director shall reject any application as to which the evidence available to him/her shows that the fair market value of the owner’s interest in the property free and clear of property taxes and all other existing liens and encumbrances does not equal or exceed the amount to be financed by the City.

D. Notwithstanding any other provision in Oregon law or this Code and in addition to any other remedy available to it, if any installment payment of principal or interest on an SDC is unpaid for more than 30 days after the due date, the City may declare the entire remaining balance of the SDC due and payable at once and if not so paid, may proceed to foreclose its lien on the property for that remaining balance. [BC 4.01.200, added by Ordinance No. 3787(4), 9/9/91]