Loading...
Ordinance 2006-43 ," \'0'\':::) '" .. .$> T 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~~' ,-- FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;' - AND PROVIDING FOR AN EFFECTIVE DATE. - ~?,i , r--.' '2S 0" o ,-') ::..-. 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 ;u :::;:, ( >) superseding all of the County's then existing impact fee regulations, and consolidating ijIf~f tM '}...F 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. *** (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 Underlined text is added; Slr~61( tAro~gA text is deleted ~:.~~~ .~ l ~.."...,~D ',,,-*,'" w '1'1 '''.-1 _,.I 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. *** 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 tt\ County, Florida this 10 day otC)ctober , 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: ~~~ FRANK HALAS, Chairman *,:....,'....4."> .. ~.'~yy..,\. . I i L.., ~;;",I:" ....,~.,... Approved as to form and Ie al s ffici, ncy: Underlined text is added; Slr~el( tAfe~gA text is deleted o Jeffrey . KI~1fkow Managi g As~~tant County Attorney '.1' Page 2 of2 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: ~J~~~~ · Deputy Clerk