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- CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT 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 submitted the application materials directly to the County Community Development Department; (d) Each eligible owner shall have one hundred and eighty (180) days from the date of the first notice to submit the application materials to the County Community Development Department, and sixty (60) additional days thereafter to correct deficiencies, if any, in the submitted application materials; (e) Upon receipt of the completed application materials and, if deemed necessary by staff, upon verification by staff of information contained in the application materials, the County shall deliver or mail a refund check in the amount of the impact fee paid, plus interest at the rate earned by the County on the funds from the date the county received payment of the impact fee to the date of the refund check, to each eligible owner (pro -rated for multiple owners), unless written instructions or authorization to the contrary signed by the owner are received by the County, or unless the owner has assigned the refund to a third party. Interest paid on a refund shall be paid and accounted for as any other expenditure from the impact fee account. No fee shall be charged by the County for receiving and processing the application materials; (f) If the eligible owner fails to submit the application materials to the County Community Development Department within one hundred and eighty (180) days from the date of the first notice, or fails to correct deficiencies, if any, within sixty (60) additional days thereafter, the eligible owner shall be deemed to have irrevocably waived any right to the refund set forth in this section; (g) For the purposes of this section, the term "current property owner" shall mean the owner of the eligible property as of the first day after the end of the six year period, and the term "application materials" shall mean (i) an application in affidavit form duly signed by the eligible owner applying for the refund and verifying that he/she was the owner of the eligible property as of the first day after the end of the six year period, and (ii) an IRS Form W-9 completed and signed by each payee on the refund check. If the eligible property is owned by two (2) or more owners, only one (1) owner is required to sign the application, but all payees must sign an IRS Form W-9; (h) Notwithstanding the above, the Board of County Commissioners shall be authorized to extend the six-year period for any impact fee categories for up to an additional three (3) years, upon a finding by the Board that such extension is necessary to better match the timing of construction or acquisition of capital improvements with the actual timing of development or growth which created the need for the improvements, and only if development approvals for projects in Indian Updates are shown with StFike thFeurt"s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 10