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9 <br /> SECTION 7 - PENALTIES <br /> In addition to any other remedy allowed by N.C. General Statute <br /> 153A-123 , the failure to pay a public school impact fee is hereby <br /> declared to be a civil penalty. The amount of the penalty shall be equal <br /> to the amount of the unpaid school impact fee, plus an interest charge <br /> of one-half percent ( 1/2%) per month compounded monthly and a service <br /> charge of one hundred dollars ($100. 00) . <br /> The County may assess this penalty against the land owner whereon <br /> new construction has occurred without payment of 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 8 - 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 All ordinances and clauses in conflict herewith are hereby repealed 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 />