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<br />the escrow and releasing the City from any claim to the escrowed funds by <br />the feepayer or his successors if the City ultimately denies the feepayer's <br />request for a fee adjustment. If the City subsequently approves the <br />requested fee adjustment the difference between the amount paid into <br />escrow and the adjusted fee shall be returned to the feepayer. If the fee <br />adjustment is denied, the escrowed funds shall be released to the City and <br />the feepayer may pursue an appeal of the determination as set out in the <br />ordinances. <br /> <br />2. Invalid Payment. <br /> <br />a. Deficient Payment. In the event the payment of required impact fees <br />subsequently proves to be invalid due to Insufficient funds, improper <br />execution, or for any other reason, then the following action shall be taken: <br /> <br />(1) No building permit, mobile home move-on permit, or recreational <br />vehicle development order shall be issued until the required impact fees <br />are paid. <br /> <br />(2) No permit or Certificate of Occupancy will be issued until the fees are <br />paid in full. If not paid within 15 days of the date the letter is sent, the <br />City's Building Department shall have the authority to stop all construction <br />on the site until payment in full is received. <br /> <br />(3) The amount due shall be the amount of the impact fees due plus the <br />amount charged by the bank for the dishonored payment plus, pursuant to <br />Section 68.065, Florida Statutes, a service charge of $20.00, or five <br />percent (5%) of the face amount of the check, whichever is greater. <br /> <br />B. Payment of Fee Based on Error or Misrepresentation. If the impa~t fees have been <br />calculated and paid based on error or misrepresentation, they shall be recalculated and any <br />difference refunded to the original feepayer or paid to the City, if appropriate, by the original <br />feepayer, whichever is applicable. If impact fees are owed to the City, no participating City <br />permits of any type may be issued for the building or structure in question, or for any other <br />part of a development of which the building or structure in question is a part, while the fees <br />remain unpaid, and the City Manager or his designee may bring any action permitted by law <br />or equity to collect the unpaid fees. <br /> <br />If higher impact fees should be collected, then the following action shall be taken: <br /> <br />1. No building or construction permit or Certificate of Occupancy (CO) shall be <br />issued until the required impact fees are paid. <br /> <br />Parks & Rec Impact Fee Ord <br />LMD:ch <br />7120/01 - 11:36 AM <br /> <br />17 <br />