§ 9-8-12 Refunds.
(A) A refund (or partial refund) will be paid to any current owner of property within the City who submits a written request to the City and demonstrates that:
(1) The owner of the subject real property or its predecessor in interest paid a development fee on or after August 1, 2014, and one of the following conditions exists:
(a) Existing facilities have capacity to provide services to the property for which the development fee was collected but the available capacity has been reserved or pledged in connection with the construction or financing of the facilities and no service is provided; or
(b) After collecting the fee to construct a Capital Facility the City fails to complete construction of the Capital Facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, but no later than the time periods specified in A.R.S. § 9-463.05(H)(3), and the corresponding service is otherwise unavailable to the subject real property from that Capital Facility or any other infrastructure.
(c) Any part of the development fee collected for Water or Wastewater facilities has not been spent within 15 years of the date the fee was collected.
(d) Any part of the development fee collected for Police, Fire, Streets, or Parks and Recreation facilities has not been spent within 10 years of the date the fee was collected.
(e) The development fee was calculated and collected for the construction cost to provide all or a portion of a specific Capital Facility serving the subject real property and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject real property shall, upon request as set forth in this subsection (A), be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Fee Report. The refund contemplated by this subsection (A)(1)(e) shall relate only to the costs specific to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the Capital Facility that are included in the development fee as permitted by A.R.S. § 9-463.05.
(B) Earned Interest. A refund of all or part of a Development Fee shall include any interest actually earned by the City on the refunded portion of the Development Fee from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid.
(C) Refund to Government. If a Development Fee was paid by a governmental entity any refund provided shall be paid to the governmental entity, regardless of who may own the property for which the development fee was paid.
(D) The right to a refund as provided in this section may not be assigned or pursued by any entity other than the property owner. (Ord. 19-1416, passed 1-14-2019)