10-2-4: COLLECTION OF IMPACT FEE; ENFORCEMENT:

   A.   Payment Of Fees: The Impact Fee shall be paid to the County at the following times:

      1.   If a Building Permit or Manufactured/Mobile Home installation permit is required, then before or at the time the permit is issued;

      2.   If no Building Permit or Manufactured/Mobile Home installation permit is required, then at the time that construction commences; or

      3.   At such other time as the Fee Payer or Developer and the County has agreed upon in writing.

   B.   Enforcement: When any Impact Fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a Fee Payer and the County, and such Impact Fee has not been paid in a timely manner, the County may exercise any or all of the following powers as applicable to its authority, in any combination, to enforce the collection of the unpaid Impact Fee:

      1.   Withhold Building Permits, Manufactured/Mobile Home installation permits, or other Development Approval related to the Development for which the Impact Fee is due until all Impact Fees due have been paid, issue stop work orders, and revoke or suspend Building Permits or Manufactured/Mobile Home installation permits;

      2.   Request that the utility providers withhold utility services from the Development for which the applicable Impact Fee is due until all applicable Impact Fees due have been paid;

      3.   Add interest to the applicable Impact Fee not paid in full at the legal rate provided for in Idaho Code § 28-22-104, as it may be amended, plus five percent (5%) beginning on the date at which the payment of the applicable Impact Fee was due until paid in full;

      4.   Impose a penalty of five percent (5%) of the total Impact Fee (not merely the portion dishonored, late, or not paid in full) per month beginning on the date at which the payment of the Impact Fee was due until paid in full; and

      5.   Impose a lien pursuant to the authority of Idaho Code § 67-8213(4) for failure to timely pay the Impact Fee following the procedures contained in Chapter 5, Title 45, Idaho Code.

(Ord. 995, 4-9-2025)