(A) When a special public improvement is constructed by the city or its contractors to provide service or benefit to a parcel of an owner, which owner or his predecessors in interest did not pay for any of the costs of the special public improvement, the city may impose and collect a reimbursement amount. The reimbursement amount shall be based on the benefited parcel’s share of the benefit received as compared to the total cost of the special public improvement as determined by the city council at the time that the special public improvement is approved. The reimbursement amount shall be determined utilizing the public works director’s or designee’s recommendation, which shall be based on applicable factors, including but not limited to frontage of the benefited property, area of the benefited property, and development potential of the benefited property. The reimbursement amount shall be paid to the city prior to the issuance of a building permit for the benefited property which was not permitted prior to the installation of the special public improvement, or the issuance of an encroachment permit to access city right-of-way for the purpose of connecting to the special public improvement. This section shall not prohibit the issuance of a building permit for any type of construction, including additions, renovations, and new structures, which were permitted on the benefited property prior to the installation of the special public improvement.
(B) It shall be unlawful for any person to connect to a special public improvement to their property for which a reimbursement amount has been imposed without first paying the reimbursement amount and obtaining a permit issued by the city.
(C) The repayment obligation under this section shall terminate in ten (10) years or when the total amount provided for by this chapter is repaid, whichever is sooner.
(D) The city shall collect reimbursement for any special public improvements financed by improvement district or assessment district bonds, development fee funds, and general obligation bond funds which were specifically designated as subject to reimbursement from special public improvement repayments. Any owner who has paid all or part of the debt service upon any bonds, the proceeds of which were used to finance special public improvements, shall have no claim to the reimbursement amounts repaid to the city under this chapter.
(E) Those portions of special public improvements constructed under this chapter which are for general public benefit shall not be subject to repayment under the provisions of this chapter. (1976 Code § 18-4-6)