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1 <br /> 10 <br /> deemed paid when the construction is completed and accepted for maintenance or when adequate security <br /> for the completion of the construction has been provided. <br /> SECTION 7 - PENALTIES <br /> In addition to any other remedy allowed by N.C. General Statute 153A-123, the failure to pay a <br /> public school impact fee is hereby declared to subject the person responsible for payment of the public <br /> school impact fee to a civil penalty.The amount of the penalty shall be equal to the amount of the unpaid <br /> school impact fee,plus an interest charge of one-half percent (1/2%) per month compounded monthly and <br /> a service charge of one hundred dollars ($100.00). <br /> The County may assess this penalty against the land owner whereon new construction has <br /> occurred without payment of the public school impact fee. However, no service charge will be assessed <br /> when the County staff'has made an error in the fee determination. Furthermore, no penalty shall be <br /> assessed until the person or persons alleged to be in violation are served by registered mail, certified mail <br /> - return receipt requested, or personal service with notice to pay. <br /> The County Attorney is hereby authorized to institute a civil action in the name of Orange County <br /> in the appropriate division of the 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 8 - LEGAL STATUS PROVISIONS <br /> All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. <br /> If any clause or section of this ordinance or application thereof to any person or circumstance is held <br /> invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given <br /> separate effect, and, to this end, the provisions of this ordinance are declared to be severable. <br /> This ordinance shall not diminish any prior contractual or special or conditional use district zoning <br /> obligation to pay for or install road, park or other improvements required by Orange County or a <br /> municipality located therein, nor shall the fulfillment of those obligations diminish any applicable public <br /> school impact fee owed to the County.This ordinance shall not diminish any prior obligation of the County <br /> or a municipality 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 applicable credit owed to <br /> 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 July, 1993.This ordinance shall only <br /> apply to residential dwelling units for which building permits are issued on and after the effective date of <br /> the ordinance. <br /> Adopted this 7th day of June, 1993. <br /> Impact Fee Ordinance 6 <br />