§ 14-15. Appeals.

(a)

The property owner or applicant for new development may appeal the following administrative decisions to the city council.

(1)

The applicability of an impact fee to the development;

(2)

The amount of the impact fee due;

(3)

The denial of or the amount of a credit:

(4)

The amount of the impact fee assessment versus the benefit received by the new development; or

(5)

The amount of refund due, if any.

(b)

The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining offsets or credit.

(c)

The appellant must file a written notice of appeal with the city within 30 days following the decision. If the notice of appeal is accompanied by a payment or other security satisfactory to the city manager in an amount equal to the original determination of the impact fee due, the development application may be processed while appeal is pending.

( Ord. No. 2597, § 15, 4-1-14 )