Ordinance 2006-43
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ff OCT 2006 \~ ORDINANCE NO. 2006- 43
g DC(\C\\ICQN ~INANCE OF THE BOARD OF COUNTY COMMISSIONERS
c:o l\L\JU llJJF ~LLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE
... C"cP 0 ~PPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY
.<99" "t\Q E OF LAWS AND ORDINANCES, THAT ORDINANCE BEING
...& HE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A
CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING
AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH
LIMITATIONS SET FORTH BY THE FLORIDA STATUTES~\
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDINGt~~'
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FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;' -
AND PROVIDING FOR AN EFFECTIVE DATE. -
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WHEREAS, on March 13, 2001, the Board of County Commissionerfi:\~90P~
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repe@,rrg and
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superseding all of the County's then existing impact fee regulations, and consolidating ijIf~f tM
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County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on June 24, 2003, the Board of County Commissioners adopted Ordinance
No. 2003-32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing
criteria and procedures for reimbursement requests, including the requirement for requests for
reimbursements to be submitted within ninety (90) days of the cancellation or revision to the
subject building permit or overpayment of the impact fees; and
WHEREAS, Section 95.11(3)(m), Florida Statutes provides a four (4) year limitations
period for "An action for money paid to any governmental authority by mistake or
inadvertence."; and
WHEREAS, when the County discovers that impact fees were underpaid, the Impact Fee
Ordinance allows for the County to collect the arrearage from the then-current owner, at any time
in the future; and
WHEREAS, staff recommends that the current impact fee reimbursement requirements
be amended to provide consistency with the statutory provisions and to better ensure the fair and
equitable administration of the impact fee program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-202, Payment, subsection (h) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-202.
Payment.
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(h) In the event a building permit issued for a development: (i) expires prior to commencement
of any part of the development for which the building permit was issued, (ii) is officially
cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a
reduction in the impact fees applicable for the development, or (iv) results in the impact fees
being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior
payment within the same subject property, the then current owner/applicant may within 90 days
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four (4) years of the expiration of, cancellation of, overpayment for, or approved revision to the
building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on
the basis for the request for reimbursement. All such requests for reimbursement shall be
calculated by applying the impact fee rate schedule that was in effect on the date of the
respective building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
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SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County, Florida this 10 day otC)ctober , 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
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FRANK HALAS, Chairman
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Approved as to form
and Ie al s ffici, ncy:
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Jeffrey . KI~1fkow
Managi g As~~tant County Attorney
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-43
Which was adopted by the Board of County Commissioners
on the 10th day of October, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of October, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By:
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Deputy Clerk