§ 2-268. Town invoices.

(a)

The town manager or his designee may periodically calculate the costs, expenses and fees incurred by the town for such application for which a review deposit is required and send an invoice to the applicant for payment.

(b)

The applicant shall have 20 calendar days from the date of the invoice to pay to the town the invoiced amount. If full payment is not received within the required time, the town manager or his designee shall apply the review deposit toward payment of the invoiced amounts. If the total costs, expenses and fees incurred by the town for such application exceed the review deposit, and payment is not received within the required time, the town manager or his designee shall apply the review deposit to a portion of the invoiced amount and send a notice of nonpayment to the applicant and to all town staff and town consultants associated with the application or project instructing them to cease all work relating to such application or project unless and until further notified by the town manager or his designee. A copy of such notice shall be sent to the applicant.

(c)

Upon receipt of the notice, work by the town staff and town consultants on the application or project shall cease, and neither building permits, development orders, certificates of completion nor certificates of occupancy or other permits or approvals will be issued with respect to such real property. Continuation of the review of the application or project with respect to the real property for which payment was not made will not be undertaken by the town until such time as all outstanding fees, costs and expenses are paid in full and a new review deposit for the application or project is paid to the town in an amount determined by the town manager. Review of any future application or project with respect to the real property for which payment was not made will not be undertaken by the town until such time as all outstanding fees, costs and expenses due are paid in full and a new review deposit is paid to the town.

(d)

Failure to pay an invoiced amount within the requested time shall constitute a violation of this division. The deficiency owed to the town shall accrue interest per diem at the interest rate of 18 percent simple interest per annum or otherwise at the highest rate permitted by law until paid. The amount of any such deficiency owed to the town shall be, together with interest and the costs of collection as hereinafter provided, the personal obligation of the property owner and shall be a continuing lien on the real property related to the application or project under review. Any subsequent or new owner of the real property related to the application or project shall take title subject to the obligations of the property owner and shall be jointly and severally liable for such obligations; provided, however, a property owner may not escape liability for the deficiency by abandonment of the application or project, withdrawal of such or sale of the real property with respect to which such application has been submitted. If the initial or subsequent invoices is/are not timely paid and the invoiced amount exceeds the amount of the review deposit, the town may take whatever legal means it deems appropriate to collect the deficiency, including, but not limited to, retaining the services of a collection agency or attorney, initiating legal proceedings for the collection thereof, recording a notice of lien, and foreclosing same in the same fashion as mortgage liens are foreclosed. To give the public notice of the deficiency, the town manager may (but shall not be obligated to) record a notice of lien in the public records of the county, stating the description of the real property related to the application or project, the name of the owner of the real property and the amount then due and owing to the town.

(Ord. No. 2014-01, § 1(2-247), 1-14-2014)