7-6-10: REFUNDS:

   A.   The current owner or contract purchaser of property on which an impact fee has been paid may request a refund of such fee if:

      1.   Service is available but never provided;

      2.   The project for which a building permit has been used has been lawfully altered resulting in a decrease in the amount of the impact fee due;

      3.   The city, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to section 67-8210(4) Idaho Code; or

      4.   A building permit or permit for installation of a manufactured/mobile home is denied or abandoned.

   B.   The request for refund must be filed in writing and submitted to the city clerk, or his or her duly designated agent, on a form provided by the city for such purpose. The owner shall provide such documentation as the city clerk, or his or her duly designated agent, may require to prove such satisfaction, reconveyance, or releases from contract sellers, mortgagees, lien holders, and/or others having an interest in the real property for which an impact fee has been paid.

   C.   A request for refund must be filed within the time allowed by law.

   D.   Within ninety (90) days of the date of receipt of a request for refund, the city clerk, or his or her duly designated agent, must provide the owner, in writing, with a decision on the refund request including the reasons for the decision. If a right to refund exists, the city is required to send a refund to the owner of record within ninety (90) days after it is determined that a refund is due. A refund shall include a refund of interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code.

   E.   Owner may appeal the determination of the city clerk, or his or her duly designated agent, to the city council pursuant to the provisions in section 7-6-11 of this chapter. (Ord. 345, 5-11-1999)