§ 23-70. Payment of fees.

(a)

Prior to the issuance of a residential building permit, the property owner shall provide the building department:

(1)

Payment of all impact fees due; or,

(2)

A valid and unexpired development agreement between the property owner and the county which specifically addresses the payment of impact fees in some other manner than at the time of the issuance of the building permit; or,

(3)

An acknowledgment, on such form supplied by the county and signed by the property owner of record, wherein the property owner agrees to pay all impact fees prior to, and as a precondition of, the county issuing the certificate of occupancy or the certificate of completion (as applicable):

a.

Any occupancy of the premises without the requisite certificate of occupancy or certificate of completion shall constitute a violation of this Code to be enforced pursuant to chapter 2, article III, of this Code, or in accordance with any other applicable provisions of law.

b.

Pursuant to this option, all unpaid impact fees shall constitute a lien against the real property which may be enforced by the county as allowed by law.

c.

This option (3) shall only be valid between December 1, 2009 and November 30, 2010 unless extended by the governing body.

(b)

In lieu of all or part of an educational impact fee payable pursuant to this division, the school board may accept an offer of a feepayer to dedicate or convey land to the school board for school sites. If the school board accepts such an offer, it shall so inform the county administrator or his designee, who shall credit the amount indicated by the school board against the sum otherwise due. The fee or portion thereof satisfied by the dedicated or conveyance shall be deemed paid when the dedication or conveyance has occurred pursuant to the following procedure:

(1)

The delivery to the school board of a title insurance commitment to insure said property in a sum to be agreed upon by the board.

(2)

The delivery to the school board of a deed, with sufficient funds to pay all costs of transfer of title including recording.

(3)

The escrow of taxes for the current year, pursuant to Florida Statutes, section 196.295, as the same may be amended, or the payment of said taxes for the year.

(4)

The issuance of a title insurance policy subsequent to recording of the deed and escrow of taxes.

(c)

The value of educational capital facilities required pursuant to a county- or city-approved DRI development order, except those deemed site-related, shall be credited against the educational facilities impact fee as required by section 380.06, Florida Statutes, as such section may be amended or renumbered from time to time.

(Ord. No. 86-26, § 7, 10-28-86; Ord. No. 93-7, § 7, 3-25-93; Ord. No. 96-15, § 7, 7-16-96; Ord. No. 97-15, § 7, 7-7-97; Ord. No. 01-16, § 7, 10-23-01; Ord. No. 2009-14, § 3, 11-10-09)