Sec. 8.9.5. Penalties

  1. In addition to any other remedy allowed by N.C. Gen. Stat. §160A-175, the failure to pay a facility fee is a civil penalty.
  2. The amount of the penalty shall equal the amount of the unpaid facility fee, plus an interest charge of ½ % per month compounded monthly and a service charge of $100.
  3. The City may assess the penalty against the developer or the landowner where new construction has occurred without payment of a facility fee; but no service charge will be assessed when City staff has made an error in the fee calculations.
  4. No penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail—return receipt requested or personal service with notice to pay.
  5. The City Attorney is authorized to institute a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty.
  6. All monies recovered shall be deposited in the appropriate trust fund.