§ 4.58.080. Procedures for the levy, collection and disposition of fees.

A.

Authority of the Transportation And Land Management Agency. The director of the Transportation And Land Management Agency, or designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this chapter in a manner consistent with the TUMF administrative plan.

B.

Payment. Payment of the fees shall be as follows:

1.

The fees shall be paid at the time a certificate of occupancy is issued for the development project or upon final inspection, whichever comes first (the "payment date"). However this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of the TUMF obligation. If the developer makes only a partial payment prior to the payment date, the amount of the fee due shall be based on the TUMF fee schedule in place on the payment date. The fees shall be calculated according to the fee schedule set forth in this chapter and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.

2.

The fees required to be paid shall be the fee amounts in effect at the time payment is due under this chapter, not the date the ordinance is initially adopted. The county shall not enter into a development agreement that freezes future adjustments of the TUMF.

3.

If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.

4.

Fees shall not be waived.

C.

Disposition of fees. All fees collected hereunder shall be transmitted to the executive director of WRCOG along with a corresponding remittance report by the tenth day of the close of the month for the previous month in which the fees were collected for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter, TUMF administrative plan, and the Mitigation Fee Act.

D.

Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF administrative plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.

E.

Reports to WRCOG. The director of the Transportation And Land Management Agency, or designee, shall prepare and deliver to the executive director of WRCOG, periodic reports as will be established under Section 4.58.090 of this chapter.

(Ord. No. 824.15, § 1, 12-5-2017)