(A) When a special public improvement is constructed by the City or a developer or their contractors to provide service or benefit to a parcel of an owner, which owner or their predecessors in interest did not pay for any of the costs of the special public improvement, the City may impose and collect a reimbursement amount. The reimbursement amount shall be based on the benefitted parcel’s share of the benefit received as compared to the total cost of the special public improvement. The reimbursement amount shall be paid to the City prior to the issuance of final plat or site plan approval at the City’s option.

(B) It shall be unlawful for any person to extend service from a special public improvement to his or her property for which a reimbursement amount has been imposed without first paying the reimbursement amount and obtaining a permit issued by the Community Development Department.

(C) The reimbursement obligation under this section shall terminate in 15 years from the effective date of the reimbursement agreement or when the total amount provided for by this article is repaid, whichever is sooner.

(D) The City shall collect reimbursement amounts for any special public improvements provided by the developer or financed by improvement district assessment district bonds, a community facilities district, water utility funds, sewer utility funds, development fee funds and general obligation bond funds which were specifically designated as subject to reimbursement from special public improvement reimbursements.

(E) To the extent the developer advances funds to construct under this article which are for the general public benefit, the developer shall receive repayment under the provisions of this article. (Ord. 03-853, passed 8-11-2003; Am. Ord. 04-903, passed 6-14-2004)