4.20.090 Collection of Charge
A. The systems development charge is payable upon, and as a condition of, issuance or approval of:
1. A building permit;
2. A development permit;
3. A permit for a development not requiring the issuance of a building permit;
4. A permit or other authorization to connect to the water, sanitary sewer or storm drainage systems;
5. A right-of-way access permit; or
6. 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 Manager.
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 Manager may collect the said charge from any of them. The City Manager or his/her designee shall not issue any permit or allow connections described in subsection A of this section 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 systems development charge may apply to pay the charge in semi-annual installments over a period not exceeding ten years as provided in this section.
1. The minimum charge subject to payment by installments shall be $2,000.00 and the maximum charge that may be subject to payment by installments shall not exceed $200,000.00. The minimum semi-annual installment shall be $1,000.00. Installments shall include interest on the unpaid balance at an annual rate of six percent (6%) for a five-year installment loan or seven percent (7%) for a ten-year installment loan. A one-year installment loan shall not be subject to an annual interest rate, provided all charges are paid prior to the City’s issuance of the certificate of occupancy, time of sale, or within one year of when the charge was imposed, whichever comes first.
2. The installment application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the systems 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. 3192 § 62, amended, 11/17/2020; Ord. 3174 § 1, renumbered, 03/19/2019; Ord. 2791 § 5, amended, 1997; Ord. 2670, amended, 1992. Formerly 4.20.070)