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A. The systems development charge is payable upon, and as a condition of, issuance or approval of:

1. A building or plumbing permit for a development; or

2. A permit for a development not requiring the issuance of a building permit; or

3. A permit or other authorization to connect to the water, sanitary sewer or storm drainage systems.

4. A planning action or change in occupancy (as defined in the Uniform Building Code) that will increase the demands on any public facility for which systems development charges are charged.

B. If development is commenced or connection is made to the water system, sanitary sewer system or storm sewer system without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required, and it will be unlawful for anyone to continue with the construction or use constituting a development until the charge has been paid or payment secured to the satisfaction of the City Administrator.

C. Any and all persons causing a development or making application for the needed permit, or otherwise responsible for the development, are jointly and severally obligated to pay the charge, and the City Administrator may collect the said charge from any of them. The City Administrator or his/her designee shall not issue any permit or allow connections described in Subsection 4.20.070.A until the charge has been paid in full or until an adequate secured arrangement for its payment has been made, within the limits prescribed by resolution of the City Council.

D. An owner of property obligated to pay a system development charge may apply to pay the charge in semi-annual installments over a period not exceeding five years as provided in this section.

1. The minimum charge subject to payment by installments shall be $1,200 and the minimum semi-annual installment shall be $600. Installments shall include interest on the unpaid balance at a rate equal to three percent per annum above the prime rate of interest quoted by the Wall Street Journal as of January 2 of the year in which the charge is imposed.

2. The installment application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the system development charge.

3. The application shall also contain a statement, by lots or blocks, or other convenient description of the property meeting the requirements of ORS 93.600, subject to the charge.

4. A systems development charge subject to installment payments shall be chargeable as a lien upon the property subject to the charge. Pursuant to ORS 93.643(2)(c), the City recorder shall record notice of the installment payment contract with the Jackson County Clerk. The applicant shall pay the recording charges. (Ord. 2791 § 5, amended, 1997; Ord. 2670, amended, 1992)