§ 28-104. Administrative appeal procedure.

(a)

Filing of the appeal. The property owner or other development applicant, who intends to exercise the right to an administrative appeal of requirements for dedications or exactions, as provided in this article, shall file or mail a written request for administrative appeal to the designated hearing officer. The appeal request shall be mailed or filed within thirty (30) days after notice is given of the final determination of the development or exaction requirements under section 28-102. No fee shall be charged for filing the appeal. The request for appeal may be in the form of a letter or other written communication, but shall give fair notice that it requests an administrative appeal of a dedication or exaction requirement and of the particular dedication or exaction being appealed.

(b)

Time for hearing; notice. After receipt of an appeal under this section, the hearing officer shall schedule a time for the appeal to be heard not later than thirty (30) days after receipt. The property owner or other development applicant shall be given at least ten (10) days' notice of the time when the appeal will be heard unless the property owner or development applicant agrees to a shorter time period.

(c)

Conduct of hearing. In all appeals under this section, the administrative official, whose decision on a dedication or exaction is being appealed, has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate government interest and that the proposed dedication or exaction is roughly proportional to the impact of the proposed use, improvement or development. If more than a single parcel is involved, this requirement applies to the entire property that is subject to the approval. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of such issues. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing.

(d)

Decision of appeal. The hearing officer shall decide the appeal within five (5) working days after the appeal is heard. If the city's administrative official does not meet its burden under subsection (c) above, the hearing officer shall modify or delete the requirement of the dedication or exaction.

(Ord. No. 1855, § 1, 10-24-95)