§ 70-36. Payment.

(a)

Time of payment; lien.

(1)

The person applying for the issuance of a county or municipal building permit shall pay the fire/rescue service impact fee prior to the issuance of a certificate of occupancy, or the occupancy of the building. The county shall issue an impact fee statement to the applicant for a building permit. Such impact fee statement shall set forth the amount of impact fee due.

(2)

The obligation for payment of the impact fee shall run with the land. However, this section shall not be construed to relieve an applicant of responsibility or liability for payment of the impact fees imposed by this article.

(3)

In the event the impact fee is not paid prior to the issuance of a certificate of occupancy or the occupancy of the building, the county may collect the impact fee, together with interest from the date payment was due at the rate fixed by law for judgments, an administrative penalty of five percent per month (to a maximum of 25 percent of all fees unpaid at the time they were due according to the terms of this article), the costs of such collection and a reasonable attorney's fee. Interest and penalties shall be remitted for addition to the trust fund, and the recovered costs and fees for collection shall be retained by or remitted to the government incurring the expense of collection. The county attorney, or duly authorized representative, may execute, serve upon the owner by certified mail and record a notice of nonpayment in the official records of the county, which shall contain the legal description of the property and the amount of the impact fee liability. Said notice shall thereupon operate as a lien against such property for the amount of the impact fee, together with interest, penalties, and the costs and fees for collection, coequal with the lien of all state, county, district and municipal taxes.

(4)

In the event the impact fee rate for a particular land use is changed subsequent to the issuance of a building permit and before the issuance of a certificate of occupancy, the impact fee shall be the amount in effect on the date payment is received. If no building permit is required upon a change of use of a building, the fee imposed by this article shall be payable at such time as the person making such change shall be required to apply for a county or municipal local business tax receipt or use permit.

(5)

All fees due under this article shall become a lien at the time of the issuance of the building permit or in the case of a change of use on the issuance of a local business tax receipt, as the case may be, such fees shall be due, and shall remain a lien, coequal with the lien of all state, district, county and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien shall be upon the land on which an improvement is made requiring the payment of fees and shall be for the amount of the fee required, as well as for all penalties and interest due under the provisions of this article.

(b)

Method of payment. Payment of fire/rescue service impact fees shall be made to the County of Volusia.

(c)

Disposition of funds. All funds collected shall be properly identified by fire/rescue service impact fee zone and promptly transferred for deposit into the appropriate fire/rescue service impact fee trust fund to be held in separate accounts as determined in section 70-37 and used solely for the purposes specified in this article.

(Ord. No. 89-22, § 105.00, 5-4-89; Ord. No. 95-35, § IV, 9-7-95; Ord. No. 98-13, § IV, 7-23-98; Ord. No. 01-16, § 5, 8-2-01; Ord. No. 2007-01, § I, 2-1-07)