TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 82

DEVELOPMENT IMPACT FEES

67-8213.  Collection. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to:

(1)  Additions to the fee for reasonable interest and penalties for non-payment or late payment;

(2)  Withholding of the building permit or other governmental approval until the development impact fee is paid;

(3)  Withholding of utility services until the development impact fee is paid; and

(4)  Imposing liens for failure to timely pay a development impact fee following procedures contained in chapter 5, title 45, Idaho Code.

A governmental entity that discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share shall, at the time of assessment on a case by case basis, adjust the fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance.

History:

[67-8213, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 8, p. 993.]