§ 2-24.41 — Liens

§ 2-24.41 - Liens.

(a) All impact fees deferred under this article shall constitute a lien upon the property for which the impact fee(s) were originally imposed from the date when the impact fee(s) would originally have been due if not deferred until a time as the impact fee(s) are finally paid in full. The lien shall be of the same nature and to the same extent as a lien for general county and municipal taxes falling due in the same year or years as when the impact fee was originally due or, if an extended payment period is approved for business, then in the same year or years as when the payments fall due. The lien shall be superior in dignity to all other liens, titles and claims, until paid. Any impact fee not paid when due shall be collectible with the interest and with reasonable costs and expenses incurred by the city and its agents, including reasonable attorney's fees, in collecting the delinquent impact fees or as a result of the delinquent payments (including interest cost paid for any monies borrowed by the city as a result of the delinquency in payment). (b) The city shall have the right to appoint an agent, in addition to the City Attorney, to foreclose and collect all delinquent impact fee payments in the manner provided for by law for the collection of and foreclosure of a mortgage. If the owner of any lot or parcel of land made subject to a lien pursuant to this division for impact fee payments shall be delinquent in the payment of any impact fee payment for the period of 30 days, the city or its agents may declare the entire unpaid balance of the impact fee to be in default and cause the delinquent property to be foreclosed in the same method now or hereafter provided by law. All costs, fees and expenses, including a reasonable attorney's fee, related to any foreclosure action as described herein shall be borne by the delinquent property owner(s). (c) It shall be the duty of the city and its agents, if any, to enforce the prompt collection of impact fee payments by the means herein provided, and that duty may be enforced at the suit of any holder of bonds issued under any ordinance pledging the impact fees in a court of competent jurisdiction by mandamus or other appropriate proceedings or action. (d) The city may join in any one action the collection of impact fee payments against any or all property subject to lien(s) in accordance with the provisions of this division. All delinquent property owners whose property is foreclosed shall pay fees, costs and expenses incurred by the city and its agents, including reasonable attorney's fees, in the collection of the delinquent impact fees and any other costs incurred by the city as a result of the delinquent payments including costs paid for borrowing additional funds necessitated by the delinquency, and the same shall be collectible as a part of or in addition to, the costs of the action. (e) At the sale pursuant to decree in any like action, the city may be the purchaser to the same extent as an individual person or corporation. Property so acquired by the city may be sold or otherwise disposed of, the proceeds of the disposition to be placed in the trust funds for the applicable impact fee(s) and thereafter expended from the fund as directed by the City Council. (f) (1) Any informality or irregularity in the proceedings in connection with the levy of a lien for unpaid impact fees under the provisions of this division shall not affect the validity of the same after confirmation thereof, and any lien for the impact fee as finally approved and affirmed shall be competent and sufficient evidence that the impact fee lien was duly levied, that the impact fee lien was duly made an adopted, and that all other proceedings adequate to the impact fee lien were duly had, taken and performed as required by this division. (2) No variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this section, any party objecting to an impact fee lien imposed pursuant to this article must file an objection with a court of competent jurisdiction within 20 days from the date the lien is recorded in the public records of Lee County.