RES-2003-025 Legislative - Levy Tax on Impact of Land Development

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4 authorized by this act may be recovered in a civil action in the nature of debt including an award of reasonable attorney fees as part of costs. Section 5. Rates. Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of dwelling units and different types of commercial building enclosed floor .space. Section 6. Provisions for repeal of other local acts, disclosure requirements and effective date. (a) Orange County may repeal all or part of an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within Orange County, adopted pursuant to Sections 17-18.1 of Chapter 460 of the 1987 Session Laws and Chapter 324 of the 1991 Session Laws. With respect to an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within Orange County, Orange County may not adopt an ordinance pursuant to Sections 17-18.1 of Chapter 460 of the 1987 Session Laws and Chapter 324 of the 1991 Session Laws while an ordinance adopted pursuant to this act is in effect. Section 7. Disclosure Requirements. Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and. the buyer shall receive and sign, a disclosure statement. The disclosure statement shall either be included in a contract of sale or contained in a separate document executed prior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the County on the impact of land development. If a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of the buyer's injury . Section 8. Refunds. If this act or any ordinance adopted under this act is declared to be unconstitutional or otherwise invalid, by a final decision of a court of competent jurisdiction, then any impact taxes collected under this act shall be refunded to the person paying them together with interest at the same rate paid by the Secretary of Revenue on refunds for tax overpayments. Section 9. Limitations on Actions. (a) Any action contesting the validity of an ordinance adopted under this act must be commenced not later than nine months after the effective date of such ordinance. (b) Any action seeking to recover an impact tax must be commenced not later than nine months after the impact tax is paid. Section 10. This act applies to Orange County only. Section 11. This act is effective when it becomes law.