Chapter 18.34


18.34.010    Title.

18.34.020    Definitions.

18.34.030    Imposition of park facility development fee.

18.34.040    Operative date.

18.34.050    Exception.

18.34.060    Impact of fee--Enforcement.

18.34.070    Occupancy--Prohibition.

18.34.080    Refunds.

18.34.090    Proceeds.

18.34.010 Title.

This chapter shall be known as the park facility development fee law of the city.  (1996 zoning code (part)).

18.34.020 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A.    “Bedroom” means any room containing a closet of a size sufficient to hold clothing, excluding therefrom one living room with entry closet per dwelling.

B.    “Mobile home park” means any area of one or more lots or spaces to be occupied by a house trailer.

C.    “Residential unit” means a single-family dwelling, a dwelling unit in a duplex, apartment house, or dwelling group, or any other place designed for human occupancy which contains a kitchen, and any space in a mobile home park designed or intended for a house trailer, mobile home, camper, or similar vehicle.  Any additions to existing units that would add bedrooms.  (1996 zoning code (part)).

18.34.030 Imposition of park facility development fee.

A.    Park Facility Development Fee Imposed.  A fee is imposed for revenue purposes upon the construction of each residential unit in the city, irrespective of whether the developer is required to dedicate land or pay fees in lieu of land dedication under Title 17.

B.    Fee.  Every person constructing any new dwelling unit in the city shall pay to the city the fees as established by city council Resolution No. 2016-01 in the Development Impact Fee Nexus Study by Michael Baker International dated December 8, 2015, attached thereto as Exhibit “A.”  The park facilities development fees may be modified from time to time by a resolution of the city council pursuant to a public hearing.

C.    Date Due.  The amount of the fee due under this chapter shall be determined at the time a building permit is sought for the construction or reconstruction of any mobile home park, and the full amount of such fee shall be due and payable concurrently with the application for such permit.  If such fee is not fully paid on or before the date the permit is issued, the fee or the amount thereof not paid, shall thereupon become delinquent.

D.    Delinquent Penalty--Interest.  There shall be added to the fee for any unit or so much of such fee as becomes delinquent, a penalty of twenty-five percent which shall thereupon become payable in the same manner as the fee.  The fee and penalty shall bear interest at the rate of ten percent per annum until paid.  (Ord. C-2016-01 §5, 2016; 1996 zoning code (part)).

18.34.040 Operative date.

The fee imposed by this chapter shall apply to the construction of all residential units for which a building or construction permit is issued on or after the effective date of the ordinance codified in this chapter.  (1996 zoning code (part)).

18.34.050 Exception.

There is excepted from the fee imposed by this chapter the construction and occupancy of a residential unit which is a replacement for a unit being removed from the same lot or parcel of land.  The exception shall be equal but shall not exceed the fee which would be payable under this chapter if the unit being replaced were being newly constructed.  (1996 zoning code (part)).

18.34.060 Impact of fee--Enforcement.

The fee imposed by this chapter shall be due from the person by or on behalf of whom a residential unit or building or mobile home park is constructed, whether such person is the owner or a lessee of land upon which the construction is to occur.  The department of finance shall collect such fee and any penalty and interest due.  The full amount due under this chapter shall constitute a debt to the city, and an action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause.  (1996 zoning code (part)).

18.34.070 Occupancy--Prohibition.

No occupancy permit shall be issued for, and no person shall occupy or offer for occupancy, any residential unit or building or any space in a mobile home park in the city unless the fee and any penalty and interest imposed upon the construction and occupancy thereof by this chapter has been paid.  (1996 zoning code (part)).

18.34.080 Refunds.

Any fee, penalty, and interest paid to the city under this chapter for any building, unit of a building, or mobile home park which is not constructed shall be refunded upon application of the payor and a showing to the satisfaction of the director of finance that such building or unit has not been constructed or construction commenced, and that the building permit issued for such building or unit has been cancelled or surrendered or otherwise does not authorize the construction of such building or unit.  (1996 zoning code (part)).

18.34.090 Proceeds.

All proceeds from the fees, penalty, and interest collected under this chapter shall be paid into a special fund of the city, which fund shall be used only for the acquisition, development, renovation and replacement of parks and recreational areas and their development, including equipment for recreational purposes.  (1996 zoning code (part)).