§ 28-137. Appeals.

City staff assessment of a development impact fee may be appealed under the following procedures:

(a)

Limited scope . An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of service units for the development.

(b)

Form of appeal . An appeal shall be initiated on such written form as the city may prescribe, and submitted to the director of the development services department or city manager-authorized designee. Any hearing on the appeal to the director, authorized designee, or city manager will be informal; and strict adherence to the rules of evidence is not required. Testimony will not be taken under oath and subpoenas for the production of evidence or witnesses may not be issued.

(c)

Department action . The development services director or city manager-authorized designee shall act upon the appeal within thirty (30) calendar days of the filing of the appeal with the city, and the applicant shall be notified of the director's or authorized designee's decision in writing within fourteen (14) calendar days after the date of the hearing.

(d)

Appeal to city manager . The applicant may further appeal the decision of the development services director or authorized designee to the city manager or his/her authorized designee, who shall be in a more senior position than the initial appeals decision-maker, within fourteen (14) calendar days of the decision.

(e)

Action by city manager . The city manager or his/her authorized designee shall act upon the appeal within fourteen (14) calendar days of receipt of the appeal, and the applicant shall be notified of the city manager or authorized designee's decision in writing.

(f)

Final decision . The city manager or his/her authorized designee's decision regarding the appeal is final and no further administrative appeals shall be permitted.

(g)

Fees during pendency . Building permits may be issued during the pendency of an appeal if the applicant: (1) pays the full impact fee calculated by the city at the time the appeal is filed; or (2) provides the city with financial assurances in the form acceptable to the city manager or authorized designee equal to the full amount of the impact fee calculated by the city. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the city manager or authorized designee and there is no appeal to the Superior Court, and the applicant has provided the city with financial assurances as set forth in this subsection (g), the applicant shall deliver the full amount of the impact fee to the city within ten days of the city manager or designee's final decision on the appeal. If the applicant fails to deliver the full amount of the impact fees when required by this subsection, the city may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the applicant.

(Ord. No. 2891, § 2, 5-13-14)