(A) Personal liability. Any person securing a building permit, and any person performing activities for which a building permit is required, and all owners of the land upon which such activities are performed, shall be jointly and severally liable for the municipal services impact fee imposed by this subchapter. In addition to any other remedy provided by law, the city may proceed in a court of competent jurisdiction to collect such fee from any or all of such persons as provided by law. The term PERSON means any natural person, corporation, limited liability company, partnership, firm or other business organization.
(B) Lien against property.
(1) Failure to dedicate land to pay an impact fee when determined by the city as required to satisfy the impact of development shall result in the amount due becoming a lien against the property, as provided herein.
(2) The city shall provide a written notice of the impact fee due by:
(a) Personal service;
(b) Certified United States mail; or
(c) Federal express or other equivalent overnight letter delivery company.
(3) Upon failure to pay the impact within 30 days of the date of the notice, a notice of lien shall be served by:
(a) Personal service;
(b) Certified United States mail; or
(c) Federal express or other equivalent overnight letter delivery company, advising the property owner that the city shall file a claim of lien against the property in question.
(4) Once recorded, the claim of lien may be foreclosed as provided for in F.S. Ch. 170, Ch. 173 or any other applicable law. The lien for unpaid impact fees shall be coequal with a lien for state, county, special district and municipal taxes and superior in right to all other liens and encumbrances, including mortgages and judgment liens.
(Ord. 483, passed 3-8-2005)