§ 23-139. Payment of fee.

(a)

Prior to the issuance of a building permit or certificate of use, the property owner shall provide the building department:

(1)

Payment of all impact fees due;

(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 certificate of use;

(3)

A letter of credit or payment and performance bond which satisfies the requirements set forth in code sec. 11.5-31 as pertaining to certain eligible commercial/industrial development; or

(4)

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):

(i)

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.

(ii)

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,

(iii)

This option (4) shall only be valid between December 1, 2009 and November 30, 2010 unless extended by the governing body.

(b)

In lieu of cash, the roads impact fee may be paid by the use of credits which are created in accordance with the provisions of subsection 23-144(b) of this division.

(c)

Every participating municipality in the county shall remit roads impact fee collections to the county at least once each month, less any amounts retained pursuant to subsection 23-142(d) of this division, unless another method is specified in an appropriate interlocal agreement.

All funds collected pursuant to this division shall be properly identified by roads impact fee district and promptly transferred for deposit into the appropriate roads impact fee trust fund to be held in separate accounts as determined in section 23-141 of this division and used solely for the purposes specified in this division.

(Ord. No. 86-29, § 7, 10-28-86; Ord. No. 93-8, § 7, 3-25-93; Ord. No. 96-11, § 7, 7-16-96; Ord. No. 97-3, § 7, 7-7-97; Ord. No. 01-18, § 7, 10-23-01; Ord. No. 2009-14, § 9, 11-10-09)