11-03-11: COLLECTION OF IMPACT FEES; ENFORCEMENT:

   (1)   Payment of Fees. An Impact Fee, as provided in Section 12-02-09 of this Chapter, shall be paid to CHD4 pursuant to the intergovernmental agreement by and between the County and CHD4 (see Section 12-02-02 of this chapter) at the following times:

      A.   If a Building Permit or manufactured/mobile home installation permit is required, then before or at the time an access permit is issued by CHD4;

      B.   If no Building Permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or

      C.   At such other time as the Fee Payer or Developer, the Impact Fee Administrator, and CHD4 have agreed upon in writing.

   (2)   Determination of Fees: The amount of the Impact Fee imposed, pursuant to this chapter, shall be determined by the Impact Fee Administrator in accordance with the service area Impact Fee Schedule.

   (3)   Enforcement. When any Impact Fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a Fee Payer, CHD4, 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 Impact Fee:

      A.   Withhold Building Permits, manufactured home installation permits, or other County Development Approval related to the Development for which the Impact Fee is due until all Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a Building Permit;

      B.   Add interest to the 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 Impact Fee was due until paid in full;

      C.   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

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

(Ord. 22-014, 7-20-2022)