Resolution - 2015 - 15-29 - Establishing A Fiscal Policy For The Collection And Enforcement Of Deposits And Fees For Land Use Planning Actions - 12/15/2015RESOLUTION 15 -29
A RESOLUTION OF THE CITY OF EAGLE, IDAHO, ESTABLISHING A FISCAL POLICY FOR
THE COLLECTION AND ENFORCEMENT OF DEPOSITS AND FEES FOR LAND USE
PLANNING ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City to establish a process and system for the collection of
deposits and fees for Land Use Planning Actions; and
WHEREAS, the City Council by Ordinance 747 amended Section 1 -7 -4 of Eagle City code to
include a deposit and collection system for certain Land Use Planning Actions; and
WHEREAS, Ordinance 747 requires the adoption of a Fiscal Policy for the Collection and
Enforcement of Land Use Planning fees;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, IDAHO as follows:
Section 1: That the City of Eagle hereby establishes a Fiscal Policy for the Collection and Enforcement
of Deposits and fees for Land Use Planning Actions (see Exhibit A).
Section 2: That this Resolution shall be in full force and effect on the 1 st day of March, 2016.
ADOPTED by the Eagle City Council, Eagle, Idaho, this 15A day of December, 2015.
CITY OF EAGLE
Ada County, Idaho
Ja a D. Reynolds, M or
ATTEST:
Sharon ergmann
City Clerk/Treasurer
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EXHIBIT A
FISCAL POLICY:
THE COLLECTION AND ENFORCEMENT OF DEPOSITS AND FEES FOR LAND USE
PLANNING ACTIONS
Section 1: Enforcement
The Eagle City Clerk or designee shall be responsible for collections of fees consistent with Eagle City
Code and this policy.
Section 2: Minimum Balances
A minimum balance of twenty percent (20 %) of the initial deposit shall be maintained until the City has
taken final agency action and all implementation of said final action has been completed. Completion of
implementation of final action shall be determined solely by the City Clerk's office in conjunction with
the Zoning Administrator or its designees. The initial deposit shall be established by a Resolution adopted
by the Eagle City Council. The City shall notify all applicants when their balance reaches the twenty
percent (20 %) benchmark or less of the initial deposit on the regular invoice generated by the City Clerk's
office.
Section 3: Release of Balances
Within sixty (60) days after final city action and completion of implementation of said final action, as
determined solely by the City Clerk's office in conjunction with the Zoning Administrator or its designee,
the city will release any unused funds from the account to the applicant or land owner of record minus
any outstanding invoices.
Section 4: Stop Work
The City Clerk shall have the authority to issue a stop work order to all city departments, including but
not limited to City contractors and consultants (i.e. attorneys, engineers, architects, planners, and
economists), once an account falls below ten percent (10 %) or less of the initial deposit.
The stop work order shall be in effect until:
1) All outstanding invoices are paid in full; and
2) The deposit account is brought back to a minimum of twenty percent (20 %) of the initial
deposit.
If a stop work order is issued, all scheduled and noticed hearings shall be deemed vacated and shall not be
placed on a public meeting agenda. The applicant shall pay all costs for new notices and publication
required for new hearings.
If after sixty (60) days from the issuance of a stop work order the applicant's account remains below ten
percent (10 %) of the initial balance and the applicant has not replenished the account or been granted a
fee waiver or payment plan pursuant to ECC 1 -7 -4, the application shall be deemed abandoned. All
remaining funds within the depository account shall be returned to the applicant minus any outstanding
invoices and costs incurred by the City to collect the outstanding invoices.
Section 5: Collection of Overages
The applicant shall be responsible for all costs associated with their application. If after final action of the
City the account is at a negative balance it shall be the responsibility of the applicant to pay in full the
outstanding balance within sixty (60) days of said final action.
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Section 6: Past Due Balances
If there is an outstanding balance after sixty (60) days of a final action by the City, the City Clerk shall
issue a suspension on the acceptance and processing of all city applications including, but not limited to,
building permits, planning and zoning permits, and design review approvals, regardless of location, until
the past due amounts are paid in full. The City may uses any and all legal remedies to collect outstanding
balances.
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