17.72 of this code, as to the portion thereof for which the fee has not been deferred…

fee obligation set forth by the provisions of this chapter may be deferred by the manager where such divisions are required by court order. All owners who desire to defer fees under this paragraph shall enter into an agreement with the district which shall require the payment of the deferred fee at the earliest of the following occurrences:

The sale or transfer of any portion of such parcel;

The filing of a final map or parcel map on any portion of such parcel;

The issuance of an entitlement permit on any portion of such parcel.

Fees deferred under this subsection shall be paid at the rates in effect when the fee becomes due and payable.

F.

Installment Payments For Land Developed Outside the District Boundary. A portion of the local drainage fee may be paid in installments when land is developed lying outside the boundaries of the district at the request of the owner subject to the following conditions:

Planned local drainage facilities are not presently available to carry or store water generated from the parcel of land to be developed;

Twenty percent of the local drainage fee or one hundred dollars whichever is greater is paid to the county prior to the issuance of any permit for any development thereon and an agreement is executed to pay the unpaid balance in five equal annual installments beginning one year from the date of issuance of such permit, except where it earlier becomes payable as hereinafter provided;

All owners who desire the installment payment of a local drainage fee as hereinabove provided shall enter into an agreement with the county, which shall provide that such unpaid fee be paid at the earliest of the following occurrences:

a.

On the sale or transfer of any portion of such parcel,

b.

Ninety days her written notice is mailed to the owner or owners by the director that the construction of planned local drainage facilities designed to serve such parcel is to be commenced within one year of the date of such notice. The notice shall be sent to the owner's address as it appears on the last equalized roll and such fees shall become delinquent if not paid within the ninety-day period;

Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable.

G.

Installment Payments for Lands Developed Within District Boundary. The district may permit the payment of drainage fees, pursuant to an agreement between the property owner and the district, and consistent with subsection (H) of this section, when all of the following conditions are met:

The amount to be paid in installments shall be limited to the excess of the drainage fee obligation for the development above the cost of any planned local drainage facilities required to be constructed as a condition of the development, such excess amount hereinafter referred to as the "net fee."

The drainage fee rate for the development for which the installment payments are requested shall be greater than the rate for the same zone district within the zone 3 drainage fee schedule which is in effect at the time of the request, except in the case of industrial development occurring within a designated redevelopment, enterprise or international trade zone area in which case the conditions of this subparagraph shall not apply.

The net fee shall be greater than twenty-five thousand dollars.

The installment payment provision of this section may not be used when expenditure by the developer of an amount of less than one hundred fifty percent of the total fee obligation in construction of planned local drainage facilities would provide permanent drainage service to the development.

For the drainage area in which the fee obligation is incurred, no debt service obligations of the district, which precludes the deferral of drainage fees through installment payments, such as but not limited to, repayment of loans, developer agreement reimbursement obligations, or bonded obligations, shall exist at the time of execution of the secured agreement providing for the installment payments.

The land use entitlement agency within which the development requesting the installment payment of net fees is located shall have in effect an enforcement policy which precludes issuance of additional development entitlement for parcels on which current violations or defaults of these installment payment provisions exist.

The board of directors may upon the request of the board of supervisors and upon a majority vote of the board of directors, grant exceptions to the requirements of subparagraph 2 of this subsection for those projects deemed by the board of supervisors and the board of directors to be of special community benefit.

H.

Installment Payments Conditions. Installment payments shall be made in accordance with the following:

Payments shall be made in five installments or fewer as requested by the developer. The initial payment shall be made prior to final approval of the development. The remaining payments shall be due and payable and be made at no greater than twelve month intervals beginning from the date of the initial payment.

The amount of the installment payments shall be based on all of the following

a.

The net fee calculated at the drainage fee rates in effect at the time of: (i) approval of the final subdivision map or document evidencing the creation of the parcels in the case of divisions, or (ii) issuance of a building permit in the case of development where no division is taking place;

b.

Interest on the outstanding unpaid balance, computed at the prime rate identified by the Wall Street Journal as the base rate of corporate loans posted by at least seventy-five percent of the nations thirty largest banks, plus one percent. Such interest rate shall be fixed at the rate in effect at the time of execution of an agreement with the district providing for installment payments;

c.

An administrative fee of three percent of the total net fee.

In the event that the ownership of any or all of the parcel which is the subject of an agreement for installment payments is sold or transferred, any remaining unpaid balance of the net fee pertaining to such parcel shall be due and payable.

The board of directors may suspend the use of installment payments upon a majority vote of the board of directors finding that further use of installment payments would adversely impact the financing of construction of planned local drainage facilities. Such suspension of installment payments shall not effect installment payment agreements executed prior to the suspension.

I.

Installment Payment Agreement for Land Developed Outside the District Boundary. Any agreement required by subsection (F) of this section shall constitute a valid lien upon such parcel. (The lien may be subordinated at the discretion of the director) The form and substance of the agreement, procedures, documents or covenants to place the agreement and lien into effect shall be determined by the director subject to the approval of the county counsel. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable other than liquidated monetary setoffs against the county if an action at law or foreclosure suit is instituted to enforce payment of the fee.

J.

Installment Payment Agreement for Lands Develop Within the District. Any agreement required by subsections C, E or G of this section shall constitute a valid lien upon such parcel. (The lien may be subordinated at the discretion of the manager.) The form and substance of the agreement, procedures, documents or covenants to place the agreement and lien into effect shall be determined by the manager

subject to the approval of the district general counsel. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable, and immediate collection may be pursued by the district through any available lawful means including placement of the liened amount on the next annual property tax bill of the subject property. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable other than liquidated monetary set-offs against the district if an action at law or foreclosure suit is instituted to enforce payment of the fee.

(Ord. 98-008, § 4; Ord. 0-83-004, § 1; Ord. 0-81-005, § 1; Ord. 529-A-4, § 3, 1979; Ord. 529-A-4, § 2, 1974; prior code, § 790.3)