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ORDINANCE 2012- 004 Section 1000.15. Refund of fees paid. (1) If a building permit or an initial one-year concurrency certificate is revoked, expired, or is withdrawn, then the feepayer, successors or assigns, shall be entitled to a refund of the impact fees paid with interest as a result of its revocation, expiration or withdrawal, except that the county shall retain a fee established by resolution to offset the costs of refunding. Impact fees paid in conjunction with an initial seven-year concurrency certificate cannot be refunded, however, any such impact fees paid will run as a credit with the land. (2) Any €tH+ls impact fees not expended or -.encumbered or expended by the end of the calendar quarter immediately following six (6) years from the date that an impact fee payment was received by the County ("six year period") shall, upen appheation of the etiffent owner-, be r-etufned to the euFfent owner- with interest at the rate eaFned by the eounty on the fiffids. Refun not r-equested within one (1) year- of the end of the six year- holding period shall be deenle A waived. be refunded to the current propeLty owner (as defined below) in accordance with the following procedure: (a) staff shall maintain an accounting which sets forth on a first in — first out basis when impact fees collected by the County have been encumbered or expended. For the purposes of such accounting (i) impact fees collected by a municipality pursuant to an interlocal agreement with the County shall be deemed to be collected by the County on the day that such fees were collected by the municipality, and (ii) interest earned in an impact fee account during a fiscal Year shall be accumulated and treated as a single deposit into the account on the first day of the next fiscal year. Such interest shall then be encumbered or expended on a first in — first out basis along with impact fees. (b) for any impact fees which are not encumbered or expended within the six year period staff shall (i) identify the specific real property for which the unencumbered or unexpended impact fee was paid ("eligible property") and (ii) identify the owner of each eligible property as of the first day after the end of the six year period ("eligible owner" (c) staff shall then notify each eligible owner in writing no later than sixty (60) days after the end of the six year period that he/she is eligible for a refund in accordance with this section upon submission of the application materials (as defined below) If staff has not received a response from the eligible owner within thirty (30 days of the first written notice staff shall send a second written notice by hand delivery, certified mail return receipt requested or other form of overnight or express delivery which includes written confirmation with respect to delivery or non-delivery. Such notices shall be sent to each eligible owner at the address shown for the owner on the Property Appraiser's records relating to the eligible property or, if the Property Appraiser's records do not show an address at any other address determined by staff to be reasonably reliable Staff shall not be required to send notice to any owner who has 2