§ 42-64. Collection of past due fees; liens.

(a)

If the road impact fee is not paid when due for any reason, including because of a mistake or inadvertence, the city shall proceed to collect the impact fee as provided in this section.

(b)

The city shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the applicant at the address set forth in the application for the building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of the county. Service of the impact fees statement 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 the notice was attached to the building permit, whichever occurs first.

(c)

The impact fee statement notice shall contain the legal description or tax parcel identification number of the property and shall advise the applicant and the owner as follows:

(1)

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

(2)

A hearing before city commission to challenge the impact fee assessed may be requested within 30 calendar days from the date of receipt of the impact fee statement notice, by filing a written application to the office of the city manager. The written application shall state with specificity the basis of the challenge.

(3)

The impact fee shall be delinquent if not paid and received by the city within 30 calendar days of the date the impact fee statement notice is received, excluding the date of receipt or if a hearing is not requested pursuant to subsection (c)(2) of this section and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid. If the impact fee becomes delinquent, a lien against the property for which the building permit was secured shall be recorded in official records book of the county.

(4)

The impact fee shall be delinquent if, within 30 calendar days from the date of the receipt of the impact fee statement notice by either the applicant or the owner or the date the notice was attached to the building permit, neither the impact fees have been paid and received by the city nor a hearing requested pursuant to subsection (c)(2) of this section. If a hearing is requested pursuant to subsection (c)(2) of this section, the impact fees shall become delinquent if not paid within 30 calendar days from the date the city commission determines the amount of impact fees due upon the conclusion of such hearing. Such time periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of the impact fee statement notice or the hearing date of the city commission's decision for an appeal. If the last day 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 percent 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.

(5)

If the impact fee becomes delinquent, the city 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 delinquent applicant and owner that, due to their failure to pay the impact fee, the city shall record a claim of lien in the official public records of the county.

(6)

Upon mailing of the notice of lien, the city attorney shall cause the recording of a claim of lien in the official public 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 city attorney shall proceed expeditiously to collect or otherwise enforce the lien.

(7)

After the expiration of six months from the date of recording of the claim of lien or after the expiration of one year from the date the impact fee became due and payable, the later of the two, as provided in this section, a suit may be filed to foreclose the 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. §§ 173.04—173.12, inclusive, which provisions are incorporated in this section in their entirety to the same extent as if such provisions were set forth verbatim.

(8)

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

(9)

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 ordinance or administrative regulations of the city or any applicable law or administrative regulation of the state. 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.

(Code 1988, § 11.5-34; Ord. No. 10-01, § I, 1-14-10)