A. If the city fails to expend or encumber the impact fees within ten years from the date the fees were paid, unless extraordinary, compelling reasons exist for fees to be held longer than ten years, the current owner of the property on which the impact fees were paid may receive a refund of such fees. Such extraordinary or compelling reasons shall be identified in written findings by the city council.

B. The city shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.

C. Owners seeking a refund must submit a written request for a refund of the fees to the city within one year of the date the right to claim a refund arises or notice is given, whichever comes later.

D. Any impact fees for which no application has been made within the one-year period shall be retained by the city and expended on appropriate parks facilities.

E. Refunds of impact fees shall include any interest earned on the impact fees by the city. (Ord. 3830-21 § 3, 2021.)