Agenda - 02-27-2006-d1 - Laserfiche WebLink

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Proposed Amendments: Strikethreugh = delete. Red = new text. 10 SECTION 7 - PENALTIES In addition to any other remedy allowed by N.C. General Statute 153A -123, the failure to pay a public school impact fee is hereby declared to subject the person responsible for payment of the public school impact fee to a civil penalty. The amount of the penalty shall be equal to the amount of the unpaid school impact fee, plus an interest charge of one -half percent (1/2 %) per month compounded monthly and a service charge of one hundred dollars ($100.00). The County may assess this penalty against the landowner whereon new construction has occurred without payment of the public school impact fee. However, no service charge will be assessed when the County staff has made an error in the fee determination. Furthermore, no penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail - return receipt requested, or personal service with notice to pay. The County Attorney is hereby authorized to institute a civil action in the name of Orange County in the appropriate division of the General Court of Justice in Orange County for recovery of the penalty.. All moneys recovered shall be deposited in the appropriate trust fund. SECTION 8 - LEGAL STATUS PROVISIONS All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. If any clause or section of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given separate effect, and, to this end, the provisions of this ordinance are declared to be severable. This ordinance shall not diminish any prior contractual or special or conditional use district zoning obligation to pay for or install road, park or other improvements required by Orange County or a municipality located therein, nor shall the fulfillment of those obligations diminish any applicable public school impact fee owed to the County. This ordinance shall not diminish any prior obligation of the County or a municipality located therein to reimburse persons for road, parks or other improvements, nor shall the fulfillment of those obligations by the County or a municipality diminish any applicable credit owed to the feepayer. SECTION 9 - APPEAL TO THE ORANGE COUNTY BOARD OF ADJUSTMENT [Reserved] SECTION 10 - EFFECTIVE DATE G9CCnnpreMnsive Planning Div \GED02006 Fablic lierings\Feb 27 QFFI\ SChealslinpaclFceOrd\ Educalimralf- aciliticslmpaclFCCOrdinanceFH DRAFT.dec Impact Fee Ordinance 10