Sec. 74-501. - Collection of impact fees in default.

Whenever the county determines that an impact fee was not paid prior to the issuance of a building permit for the affected development, the county shall proceed to collect the impact fee as follows:

(1)

The county shall serve, by certified mail, return receipt requested, or by any other then lawful means of delivery, a "notice of impact fee statement" upon the applicant at the address set forth in the application for building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of the county. The county shall also attach a copy of the "notice of impact fee statement" to the building permit posted at the affected development site if the building is under construction. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner or the date said notice was attached to the building permit, whichever occurs first, or by any other evidence of the date that the "notice" was received by the addressee. The "notice of impact fee statement" shall contain a description of the property and shall advise the applicant and the owner as follows:

a.

The amounts due as calculated under section 74-201 and each of sections 74-302 through 74-309, inclusive, and the general purpose for which the impact fee was imposed;

b.

The date that the impact fee became delinquent, and that as of that date the unpaid impact fee became subject to the delinquency fee, and that interest began to accrue on that date, and that such interest will continue to accrue thereafter until all amounts due are paid in full;

c.

That in the event the impact fee and the delinquency fee are paid in full within 30 days after receipt of the "notice," all interest that would have otherwise accrued will be waived;

d.

That in the event the impact fee is not paid in full within 30 days after receipt of the "notice", a lien against the property for which the building permit was secured may be recorded in the official records book of the county for all amounts then due after approval by the board.

(2)

Upon becoming delinquent, a delinquency fee equal to ten percent of the total impact fee imposed shall be assessed. Once delinquent, the total impact fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments calculated on a calendar day basis, until paid in full, as required in 74-501(1)c. or d., above.

(3)

Should the impact fee not be paid promptly as set forth in section 74-501(2), the county shall serve, by certified mail return receipt requested, or by any other then lawful means of delivery, a "Notice of lien" upon the delinquent applicant, if the building is under construction at the address indicated in the application for the building permit, and upon the delinquent owner or trustee at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the delinquent applicant and delinquent owner or trustee that due to their failure to pay the impact fee, the county may file a claim of lien with the clerk of the circuit court.

(4)

In the event the recipient of a notice of delinquency or claim of lien disputes any material aspect of either notice, the applicant, upon paying the impact fee amounts set forth in the respective notice, may file a written appeal petition with the board not later than 30 days after receipt of such notice. In reviewing the decision, the board shall use the standards established herein. The appeal petition must advise the board of all disputed issues regarding the amount due and shall explain the precise basis the applicant asserts that the notice is incorrect.

(5)

If the total impact fees have not been received by the county within 30 days of the posting of the notice of claim of lien (or receipt of the notice by the owner or trustee), the county attorney may then, regardless of the filing of any appeal petition, request the board to approve, at a regularly scheduled public meeting, the filing of a claim of lien with the clerk of the circuit court and recording same in the official records of the county. The recorded claim of lien shall contain the legal description of the property, the amount of the delinquent impact fee, plus the delinquency fee and interest, and the date the impact fee became due. Once recorded, the claim of lien shall constitute a lien against the property described therein. The county attorney may proceed expeditiously to collect, foreclose, or otherwise enforce said lien.

(6)

After the expiration of 30 days from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, as then amended, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim.

(7)

The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein.

(8)

The foregoing paragraphs of this section notwithstanding, all impact fees not paid to the county in full when due shall automatically become "delinquent." Moreover, when any impact fees becomes delinquent anywhere throughout the unified whole of the respective development, the county is authorized to withhold every then unissued development order(s) applied for by, or on behalf of, the landowner or the developer, and in addition apply any and all of the civil penalties and remedies set forth in the enforcement division of the county land development code until all such delinquent impact fees have been paid to the county in full. "Development order" shall mean each item included in the definition of "development order" as then defined in the County's "Adequate Public Facilities Ordinance" and/or as then defined in F.S. § 163.3614, (as may then be renumbered). In this context, phases in phased developments shall be disregarded.

(9)

The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, all other applicable procedures provided in any other ordinances or administrative regulations of the county or any applicable law or administrative regulation of the State of Florida. Failure of the county to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the county or any applicable law or administrative regulation of the State of Florida.

(Ord. No. 01-13, § 1, 3-13-01)

Sec. 74-502. - Update requirement.

(a)

This chapter and the impact fee studies shall be reviewed by the board initially in connection with its approval of the capital improvements element of its comprehensive plan as then, and to the extent, required by F.S. § 163.3177. This chapter and the impact fee studies should be reviewed at least every three years. All reviews shall consider new estimates of population and other socioeconomic data; changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions or findings set forth in the studies adopted by section 74-106. The purpose of this review is to evaluate and revise, if assure that they do not exceed the reasonably anticipated costs associated with the improvements and additions necessary to offset the demand on the public facilities generated by development. In the event the review of this chapter alters or changes the assumptions, conclusions and findings of the studies adopted by reference in section 74-106, revises or changes the public facilities, or alters or changes the amount of impact fees, the studies adopted by reference in section 74-106 shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews; also section 74-106 shall be amended to adopt by reference such updated studies.

(b)

Simultaneous with the review of the impact fee studies required in subsection (a) of this section, the board shall review the capital improvements element to determine the availability and adequacy of revenue sources to construct improvements and additions to the public facilities determined in the impact fee study to be required to accommodate existing development.

(Ord. No. 01-13, § 1, 3-13-01)

Sec. 74-503. - Incorporation of administrative procedures manual.

The currently existing administrative procedures manual(s) for the public facilities impact fee are incorporated and referenced herein except to the extent that it conflicts or varies the terms of this chapter. Such administrative procedures manual(s) shall continue to be incorporated and referenced herein until such time as amended by resolution or other action of the board.

(Ord. No. 01-13, § 1, 3-13-01)

Sec. 74-504. - Declaration of exclusion from Administrative Procedures Act.

Nothing contained in this chapter shall be construed or interpreted to include the county or any municipality in the county in the definition of agency contained in F.S. § 120.52, or to otherwise subject the county, any municipality, district, or other entity in the county to the application of the Administrative Procedures Act, to wit: F.S. ch. 120. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this chapter including specifically, but not limited to, consideration of a determination of entitlement to an impact fee waiver or authorization for deferral pursuant to section 74-202.

(Ord. No. 01-13, § 1, 3-13-01)

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