Orange County NC Website
364 <br /> The County may assess this penalty against the land owner whereon <br /> new construction has occurred without payment cf the public school <br /> impact fee. However, no service charge will be assessed when the County <br /> staff has made an error in the fee determination. Furthermore, no <br /> penalty shall be assessed until the person or persons alleged to be in <br /> 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 <br /> action in the name of Orange County in the appropriate division of the <br /> General Court of Justice in orange County for recovery of the penalty. <br /> All monies recovered shall be deposited in the appropriate trust fund. <br /> SECTION a - LEGAL STATUS PROVISIONS <br /> All ordinances and clauses in conflict herewith are hereby repealed <br /> to the extent of said conflict. If any clause or section of this <br /> ordinance or application thereof to any person or circumstance is held <br /> invalid, such invalidity shall not affect other provisions or <br /> application of this ordinance which can be given separate effect, and, <br /> to this end, the provisions of this ordinance are declared to be <br /> severable. <br /> This ordinance shall not diminish any prior contractual or special <br /> or conditional use district zoning obligation to pay for or install <br /> road, park or other improvements required by orange County or a <br /> municipality located therein, nor shall the fulfillment of those <br /> obligations diminish any applicable public school impact fee owed to the <br /> County. This ordinance shall not diminish any prior obligation of the <br /> County or a municipality located therein to reimburse persons for road, <br /> parks or other improvements, nor shall the fulfillment of those <br /> obligations by the County or a municipality diminish any applicable <br /> credit owed to the feepayer. <br /> SECTION 9 - APPEAL TO THE ORANGE COUNTY BOARD OF ADJUSTMENT <br /> [Reserved] <br /> This ordinance shall be effective from and after the 1st day .of <br /> July, 1993 . This ordinance shall only apply to residential dwelling <br /> units for which building permits are issued on and after the effective <br /> date of the ordinance. <br /> Adopted this 7th day of June, 1993 . <br />