§ 24-9. Penalties and liens against property.

(a)

A violation of this article shall be prosecuted as provided in F.S. § 125.69; however, in addition to or in lieu of any criminal prosecution, Osceola County shall have the power to sue in civil court or to use the code enforcement process as provided by F.S. ch. 162, to enforce the provisions of this chapter.

(b)

Failure to dedicate land or to pay an impact fee when determined by the county that either obligation, or a combination of said obligations is required, to satisfy the impact of development shall result in the amount due becoming a lien against the property, as provided for herein. County shall provide a written notice of the impact fee due by personal service, certified, return receipt requested United States mail or Federal Express or other equivalent overnight letter delivery company. Upon failure to pay the impact fee within thirty (30) days of the date of the notice, a notice of lien shall be served by personal service, certified, return receipt requested United States mail or Federal Express or other equivalent overnight letter delivery company, advising the developer that the county shall file a claim of lien against the property in question. Once recorded, the claim of lien may be foreclosed as provided for in F.S. ch. 170, F.S. 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 is superior in dignity to subsequently filed liens.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15)