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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C REV: 09-17-24 VR Page 59 of 65 into a recordable agreement with the City prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building inspection shall not be granted until the fee is paid or the credit issued. The agreement shall also provide that, in any action to collect the fee or any portion thereof, the City shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The City Manager may execute the agreement on behalf of the City in a form acceptable to the City Attorney. C. If a building permit or other entitlement for a subdivision expires without commencement of construction, then the subdivider shall be entitled to a refund, without interest, of the in- lieu fee paid as a condition for its issuance, except that the City shall retain two percent (2%) of the fee to offset a portion of the costs of collection and refund. The applicant shall apply in writing for such a refund within thirty (30) calendar days of the expiration of the permit; provided, that the Administrator may extend such period for good cause, not to exceed six (6) months. Sec. 30.74. – VIOLATIONS – PENALTIES: Any person, corporation, or other business entity violating or causing the violation of any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Section 1.7(A) of this Code. Notwithstanding, the foregoing, the provisions of this Article may also be enforced by legal or equitable action, or both such actions, all such remedies being cumulative. Article XII – Urban Lot Splits Sec. 30.75. – DEFINITIONS: Person acting in concert with the owner: A person that has common ownership or control of the subject parcel with the owner of the adjacent parcel; or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. Accessory Dwelling Unit: Has the same meaning as defined in Section 37.2 of the Zoning Code. Adjacent Parcel: Any parcel of land that is: (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant. Common ownership or control: Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent (10%) or more of the interest in the property.