13.45.020 Application.
(1) Requirement. An owner or developer who desires a latecomer’s agreement shall make application in accordance with this section, at the same time that application for a development permit is made. Application shall be made upon forms prepared by the Public Works Department. The application shall contain the following information:
(a) Complete legal description of applicant’s property;
(b) Complete legal descriptions of the proposed benefited properties;
(c) Vicinity maps of applicant’s property, proposed benefited properties, and the location of the proposed improvements;
(d) Estimated cost data and inventory for the improvements;
(e) Proposed pro rata share of the cost of the improvements proposed to be done by the benefited properties, and which methodology for calculation of the cost distribution the applicant proposed pursuant to CMC 13.45.040(2).
The application shall be accompanied by payment of the nonrefundable application fee, and the deposit required by subsection (2) of this section, as set forth in the current fee resolution.
No application shall be processed by the City prior to the applicant participating in a preapplication meeting with the City staff at which meeting the possible boundaries of the benefited properties and fees will be discussed.
(2) Review of Application by City Engineer. Each application shall be submitted to the City Engineer for review and recommendation. The direct cost of engineering review shall be borne by the applicant, who shall pay a deposit, as set forth in the current fee resolution, at the time the application is filed with the City. The applicant shall be responsible for payment of the actual costs of the review in excess of the amount deposited. Funds remaining after payment of actual costs, if any, shall be refunded to the applicant.
(3) Notice of Application. Upon receipt of a completed application and payment of the fee, the City Engineer shall determine the preliminary boundaries of the area affected by the latecomer’s agreement and shall draft the legal description thereof, along with a map of the preliminary boundaries. The City Clerk shall mail a notice to all owners of record of property within the affected boundaries, and to the developer or holder of the proposed latecomer agreement by both regular and certified mail. The notice shall include the estimated pro rata assessment, a copy of the preliminary boundaries map, and a description of the property owner’s rights to appeal the inclusion of a property in the latecomer’s agreement. This notice shall not be recorded with the County Auditor.
(4) Appeal of Inclusion in Latecomer Agreement. A property owner who wishes to appeal the issue of inclusion in the latecomer’s area may request an appeal hearing before the City Council. All appeals of inclusion to the latecomer agreement must be made to the City Clerk in writing within 20 days of the date of the notice provided in subsection (3) of this section, and must be accompanied by payment of an appeal fee. Upon receipt of an appeal under this section, and the required fee, the appeal shall proceed in accordance with the procedures contained in CMC 13.45.040(5). (Amended at request of department 2/08; Ord. 20-07 § 51; Ord. 93-98 § 1)