14.02.080 - RECORDING/EFFECTIVE DATE/PAYMENT OF ASSESSMENT/LIEN FOR NON-PAYMENT
A. The developer's right to assessments shall relate back to the date the developer records an application summary pursuant to Section 14.02.040(D). B. Any property described in the recorded application summary shall be subject to the assessment after it has been approved by the city pursuant to this chapter. C. The Developer Reimbursement Agreement shall be recorded by the city with the Whatcom County Auditor within 30 days or the agreement's final execution. D. The City shall not issue a building permit or similar development permit or approval nor grant permission to use water or sewer service unless the city has received full payment of the assessment, including interest, applicable to the property connecting to or using the street and/or utility system improvements constructed by developer; provided, if the Developer Reimbursement Agreement's validity is being challenged, the City reserves the right to issue a permit, approval or permission without liability or prejudice to the City and without prejudicing the developer's rights or remedies under this Chapter or otherwise at law or in equity. E. If improvements are made to a property adjacent to a street improvement or if a property connects to a utility system improvement without payment of an assessment otherwise due, the amount of such assessment shall be a binding obligation upon the owner of record (and successors) of the affected property. F. Failure by a property owner to pay the assessment due within 180 days of notice to this effect shall entitle the developer to foreclose against the property in the same manner as a mortgage, and shall entitle the developer to recover reasonable costs and attorney fees. [Ord. 2004-01-003 §6; Ord. 10906 §2, 1997]
