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(1) The city engineer shall charge a fee set pursuant to section 2.020 of this code to cover the costs, including overhead, of engineering, inspection and review services performed by the city on all private or public improvements not engineered by the city.

(2) Prior to establishing the warranty period for a privately engineered and constructed public improvement project, the city manager shall establish a refundable fee set pursuant to section 2.020 of this code to cover the construction costs of unfinished public improvements shown on the approved plans, including but not limited to access ramps and street lights. The fee shall be released following the construction of the public improvements.

(3) If the fees have not been paid at the time the services are rendered, the city engineer or finance officer shall bill the recipient of the services monthly or at less frequent intervals if the city determines the amount of the billing does not justify more frequent billing.

(4) A person subject to such fees may object to the basis for the fees or the amount of the fees to the city manager by filing a written appeal within 10 days of the date of the invoice. Except for the time to appeal, the appeal shall follow the procedures described in section 2.021 of this code. The city engineer or finance officer and the appellant may resolve the appeal informally at any time.

(5) If there is no objection to the fees, they shall be due and payable in full within 20 days of the date of the invoice. If an appeal is filed, the fees are due and payable 10 days after the hearings official issues the final decision on the appeal. If not paid when due, the amount due shall accrue interest from the date of billing at the rate established under section 2.022 of this code.

(6) If the fees are not paid on or before the date they are due and payable, the city engineer may do any or all of the following:

(a) Without further notice, issue a stop work order on the public improvement, which order may remain in force until the fees are paid or the recipient of services provides a bond or other reasonable security to assure payment of the fees;

(b) Establish a lien against the benefitted property, with interest to accrue as provided in this section. Such lien shall neither be deferred under section 7.200 nor paid in installments except as authorized under section 2.582;

(c) Collect the sum due to the city by any other means authorized by law or by a combination of such means and by one or more of the remedies listed in this subsection.

(d) Decline to provide engineering, inspection and review service to the same owner or applicant for another improvement project.

(Section 7.130 amended by Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; Ordinance No. 19653, enacted November 22, 1989, effective May 22, 1990; Ordinance No. 20236, enacted November 26, 2002, effective May 26, 2002; and Ordinance No. 20390, enacted August 13, 2007, effective September 14, 2007.)