§ 23-164. Remedial collection methods.

In the event the school impact fee is not paid prior to the issuance of a building permit for the affected residential construction, the school impact fee shall be collected as set forth below, unless otherwise exempted pursuant to this article. The county or the city collecting the impact fee shall forward notice of such delinquency upon discovery of such delinquency. The following procedure is remedial in nature and is not intended to be an alternative collection method.

(1)

If a certificate of occupancy has not been issued for the residential construction, then the school impact fee shall be paid prior to the issuance of the certificate of occupancy.

(2)

If a certificate of occupancy has previously been issued, the superintendent shall serve, by certified mail, return receipt requested, a "notice of impact fee statement" upon the applicant at the address set forth in the application for a building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of the county. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner, whichever occurs first. The "notice of impact fee statement" shall contain the legal description of the property and shall advise the applicant and the owner as follows:

a.

The amount due and the general purpose for which the school impact fee was imposed;

b.

That a hearing pursuant to section 23-166, Orange County Code, may be requested within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, by making application to the superintendent;

c.

That the school impact fee shall be delinquent if not paid within thirty (30) calendar days of the effective date of service of the notice of impact fee statement unless a hearing is requested pursuant to section 23-166, Orange County Code, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and

d.

That in the event the school impact fee becomes delinquent, a lien against the property for which the building permit was issued shall be recorded in the official records book of the county.

(3)

The school impact fee shall be delinquent if, within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, the impact fees have not been paid, or a review hearing has not been requested pursuant to section 23-166, Orange County Code. In the event a hearing is requested pursuant to section 23-166, the impact fees shall become delinquent if not paid within thirty (30) days from the date the school board determines the amount of impact fees due upon the conclusion of such hearing. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to ten (10) percent of the total impact fees imposed shall be assessed. Such total impact fees, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

(4)

Should the school impact fee become delinquent as set forth in subsection (3), the county or city collecting the impact fee shall notify the superintendent of the need to file a lien. The superintendent shall serve by certified mail, return receipt requested, a "notice of lien" upon the delinquent applicant at the address indicated in the application for the building permit, and upon the delinquent owner at the address appearing on the most recent records maintained by the property appraiser of the county. The notice of lien shall notify the applicant and owner that, due to their failure to pay the school impact fee, the superintendent shall file a claim of lien with the clerk of the circuit court.

(5)

Upon mailing of the notice of lien, the superintendent shall file a claim of lien with the clerk of the circuit court for recording in the official records of the county. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The superintendent shall proceed expeditiously to collect, foreclose or otherwise enforce such lien.

(6)

After the expiration of one (1) year from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose such 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, 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 liens of all state, county, district, and municipal taxes, and superior in dignity to all other filed liens and claims.

(8)

The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to any applicable procedures provided in any other statute, ordinance, code or regulation. Failure to follow the procedure set forth in this section shall not constitute a waiver of any right to proceed under any other applicable procedure.

(9)

Any residential construction which was previously determined to be exempt from the payment of school impact fees, but as a result of a change in circumstances now impacts upon the school system, shall pay the school impact fee imposed by section 23-141, Orange County Code. The procedures of this section may be utilized for the collection of such impact fee.

(Ord. No. 92-28, § 3.04, 9-22-92; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2011-05 , § 2, 6-7-11)