§ 47-323. Impact fee appeals.

(a)

The property owner or applicant for new development may appeal the following administrative decisions to an administrative hearings official appointed by the director:

(1)

The applicability of an impact fee to the development;

(2)

The amount of the impact fee due;

(3)

Classification of the development under the land use equivalency table;

(4)

The applicability of a credit or an offset to the development;

(5)

The amount of a credit or of an offset; or

(6)

The amount of a refund due, if any.

(b)

The burden of proof shall be on the applicant to demonstrate that the administrative decision was not made in accordance with this division or applicable state law.

(c)

The applicant must file a written notice of appeal with the director within 30 days following the decision from which an appeal is made. If the notice of appeal is accompanied by a payment or other sufficient security satisfactory to the department in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Each appeal must include the fee stated for this provision in the city fee schedule.

(Ord. No. 90-675, § 3, 6-6-90; Ord. No. 2011-1168, § 13, 12-14-2011)