§ 29-109. Collection of impact fees when not paid by mistake or inadvertence or by agreement.

(a)

In the event the fire and rescue system impact fee is not paid prior to the issuance of a certificate of occupancy for the affected impact construction because of mistake or inadvertence, the City shall proceed to collect the impact fee as follows:

(1)

The City shall serve, by certified mail, return receipt requested or by hand delivery, an "impact fee notice" 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 Flagler County. Service of the impact fee notice shall be deemed notice of the impact fees due and 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 hand delivered to either the applicant or owner, whichever occurs first; provided, however, that should none of these methods of service be successful, service shall be deemed effective on the date the copy of the impact fee notice was filed in the official records of the county. The impact fee notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(2)

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

(b)

The administrative review pursuant to this article may be requested no later than fifteen (15) calendar days from the date of receipt of the impact fee notice, by making application to the City Manager.

(c)

The City shall file a release of impact fee notice in the official records of the County upon collection of payment in full.

(d)

The impact fee shall be delinquent if not paid and received by the City within thirty (30) calendar days of the date the impact fee notice is received, excluding the date of receipt. Upon becoming delinquent, the applicant shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid.

(e)

In the event the impact fee becomes delinquent, a lien against the property for which the building permit was secured shall be recorded in the official record book of the County.

(1)

The fire and rescue system impact fee shall be delinquent if not paid within thirty (30) calendar days from the date of receipt of the impact fee notice by either the applicant or owner. Upon becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. Such total impact fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

(2)

Should the fire and rescue system impact fee become delinquent as set forth in this section, the City shall serve, by certified mail return receipt requested, 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 at the address appearing on the most recent records maintained by the Property Appraiser of Flagler County. The notice of lien shall notify the delinquent applicant and owner that due to their failure to pay the impact fee, the City shall record a claim of lien.

(3)

Upon the mailing of the notice of lien, the City Attorney shall record a claim of lien in the official records of Flagler County. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fee and the date of its imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The City Attorney shall proceed expeditiously to collect, foreclose or otherwise enforce said lien.

(4)

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 Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim.

(f)

The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all State, County, district and municipal taxes upon which this lien is on parity, superior in dignity to all filed liens and claims, until paid as provided herein.

(g)

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 State of Florida. Failure of the City 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 City or any applicable law or administrative regulation of the State of Florida.

(Ord. No. 2002-33, § 11, 11-19-02)