A. If the city fails to expend or encumber the impact fees within the time period established pursuant to MMC 3.54.090(B), the current owner of the property for which impact fees have been paid may obtain a refund of such fees. In determining whether impact fees have been expended or encumbered, fees shall be considered expended or encumbered on a first in, first out basis.

B. The city shall notify potential claimants by first class mail, deposited with the United States Postal Service, at the last known address of such claimants. A potential claimant or claimant must be the owner of the property for which the impact fees in question have been paid.

C. Owners seeking a refund of impact fees must submit a written refund request to the city engineer within one year of the date the right to claim the refund arises or the date that notice by the city is provided, whichever is later.

D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended upon appropriate system improvements.

E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city.

F. When and if the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate system improvements. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development for which the transportation impact fees were imposed did not occur; however, any associated administrative fee shall not be refunded. (Ord. 005/2019 § 9)