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Proposed Amendments: Stfikethmu# =delete. Red = new text. 10 <br />SECTION 7 - PENALTIES <br />In addition to any other remedy allowed by N.C. General Statute 153A -123, the <br />failure to pay a public school impact fee is hereby declared to subject the person <br />responsible for payment of the public school impact fee to a civil penalty. The amount <br />of the penalty shall be equal to the amount of the unpaid school impact fee, plus an <br />interest charge of one -half percent (1/2 %) per month compounded monthly and a <br />service charge of one hundred dollars ($100.00). <br />The County may assess this penalty against the landowner whereon new <br />construction has occurred without payment of the public school impact fee. However, <br />no service charge will be. assessed when the County staff has made an error in the fee <br />determination. Furthermore, no penalty shall be assessed until the person or persons <br />alleged to be in violation are served by registered mail, certified mail - return receipt <br />requested, or personal service with notice to pay. <br />The County Attorney is hereby authorized to institute a civil action in the name of <br />Orange County in the appropriate division of the General Court of Justice in Orange <br />County for recovery of the penalty. All moneys recovered shall be deposited in the <br />appropriate trust fund. <br />SECTION 8 - LEGAL STATUS PROVISIONS <br />All ordinances and clauses in conflict herewith are hereby repealed to the extent <br />of said conflict. If any clause or section of this ordinance or application thereof to any <br />person or circumstance is held invalid, such invalidity shall not affect other provisions or <br />application of this ordinance which can be given separate effect, and, to this end, the <br />provisions of this ordinance are declared to be severable. <br />This ordinance shall not diminish any prior contractual or special or conditional <br />use district zoning obligation to pay for or install road, park or other improvements <br />required by Orange County or a municipality located therein, nor shall the fulfillment of <br />those obligations diminish any applicable public school impact fee owed to the County. <br />This ordinance shall not diminish any prior obligation of the-County or a municipality <br />located therein to reimburse persons for road, parks or other improvements, nor shall <br />the fulfillment of those obligations by the County or a municipality diminish any <br />applicable credit owed to the feepayer. <br />SECTION 9 - APPEAL TO THE ORANGE COUNTY BOARD OF ADJUSTMENT <br />[Reserved] <br />SECTION 10 - EFFECTIVE DATE <br />GAC-omprehensive Planning Div \GEI4E \2006 Public Hearings \Feb 27 OPH\ SchoolslmpactFeeOrd\ EducationalFacilitieslmpactFeeOrdinancePH- DP.AFT.doc <br />Impact Fee Ordinance 10 <br />