14.25.140 Deferral of impact fees.
A. Each applicant for single-family residential attached and detached construction permit, in accordance with his or her contractor registration number or other identification number, may request a deferral for the full impact fee(s) payment up to twenty units for a period not to exceed eighteen months from the date of building permit issuance.
B. The amount of impact fees deferred are determined by the fees in effect via ordinance, interlocal agreement or other schedule as adopted by the city council at the time of building permit application.
C. The city of Lacey shall withhold any final inspection and/or certification for occupancy until all applicable impact fees have been paid in full.
D. An applicant seeking deferral shall grant and record a “deferred impact fee lien” in a form approved by the city against the subject property and in favor of the city, for the full amount of the impact fee(s) being deferred. Said deferred impact fee lien form shall include:
1. The legal description, tax account number, and address of the property;
2. A signature by the listed owner(s) of the property, with all signatures acknowledged as required for a deed and recorded with the Thurston County auditor’s office;
3. Shall indicate that the lien is binding on all successors in title;
4. Shall indicate that the lien is junior and subordinate to the mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees.
E. If impact fees are not paid in accordance with the terms of this section; the city is authorized and may choose to institute foreclosure proceedings. (The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority shall not affect the obligation to pay impact fees as a condition of final inspection, certificate of occupancy, or equivalent certification, or at the time of closing of the first sale.)
F. If the city does not institute foreclosure proceedings for unpaid school impact fees within forty-five days after receiving notice from the school district requesting that it do so, the district may institute foreclosure proceedings with respect to the unpaid school impact fees. The city shall remain responsible for collection of all remaining impact fees.
G. Upon receipt of full payment of all outstanding impact fees deferred under this section, the city shall execute a “deferred impact fee lien release” for the subject property. The property owner at the time of the release shall be responsible for recording the lien release at his or her own expense. (Ord. 1507 §7 (part), 2017).