§ 23-766. Alternative collection of fees.

In the event that impact fees are not paid prior to the issuance of a building permit for the affected public facilities impact construction, the city shall proceed to collect the impact fees as follows:

a. The city shall serve, by certified mail, return receipt requested, a notice of impact fees upon the applicant at the address appearing on the most recent records maintained by the property appraiser of the county. Service of the notice of impact fees 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 agent of either by execution of the return receipt, whichever occurs first. The notice of impact fees shall contain the legal description of the property upon which the public facilities impact construction occurred and shall advise the applicant and the owner as follows:

1. The amount due and the general purpose for which impact fees were imposed;

2. That a hearing pursuant to section 23-772 may be requested within fifteen (15) calendar days from the date of receipt of the notice of impact fees, by making application to the city manager;

3. That the impact fees shall be deemed delinquent if not paid and received by the city within sixty (60) calendar days of the date the notice of impact fees is received, excluding the date of receipt, or if hearing is not requested pursuant to section 23-772, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and

4. That in the event the fees become delinquent, a lien against the property for which the building permit was secured shall be recorded in the official records of the county.

b. The impact fees shall be delinquent if, within sixty (60) calendar days from the date of receipt of the notice of impact fees by either applicant or owner, neither the impact fees have been paid and received by the city, nor a hearing requested pursuant to section 23-772. In the event a hearing is requested pursuant to section 23-772, the impact fees shall become delinquent if not paid within thirty (30) calendar days from the date the commission determines the amount of impact fees due upon the conclusion of such hearing. Said time periods shall be calculated on a calendar day basis, including Saturdays, Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee statement or the date of the commission's decision, in the event of an appeal. In the event the thirtieth day prior to becoming delinquent falls on a Saturday, Sunday or legal holiday, then the fees shall become delinquent at 5:00 p.m. of 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.

c. Should the impact fees become delinquent as set forth in paragraph b., the city shall serve, by certified mail, return receipt requested, a notice of lien upon the delinquent applicant 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 the delinquent owner that due to their failure to pay the fees, the city shall file a claim of lien with the clerk of the circuit court.

d. Upon the mailing of the notice of lien, the city clerk 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 upon which the public facilities impact construction occurred, 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.

e. 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 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, and any amendments thereto, 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 fees imposed hereunder shall remain liens coequal with the liens of all state, county, district and municipal taxes, superior in dignity to all other 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 city or any applicable law or administrative regulation of the State of Florida, and any amendments thereto. 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. 2006-04, § 1, 2-21-2006; Ord. No. 2022-38, § 1, 8-16-22)