Skip to main content

(1) Nothing in this chapter is intended to create a private right of action for damages against the City for failing to comply with the requirements of this chapter. The City, its officials, employees, or agents may not be held liable for failure to collect a reimbursement assessment or latecomer fee unless the failure was willful or intentional. Failure of the City to comply with the requirements of this chapter does not relieve the City of any future requirement.

(2) In processing and imposing obligations in this chapter for reimbursement of developers, the City in no way guarantees payment of assessments by latecomers, or enforceability of assessment, or enforceability of the development reimbursement agreement, or the amount(s) thereof, against such persons or property; nor will the offices or finances of the City be used for enforcement or collection of latecomer obligations beyond those duties specifically undertaken by the City herein. It shall be the obligation of a developer to take whatever authorized means are available to enforce payment of latecomer assessments, and developers are hereby authorized to take such actions. The City shall not be responsible for locating any beneficiary or survivor entitled to any benefits by or through a developer reimbursement agreement. [Ord. 4156, 2014; Ord. 3709 § 1, 2004; Code 1970 § 14.12.140.]

Loading…