§ 54-160.8. Review hearings.

(a)

An applicant or owner who is required to pay an impact fee pursuant to this article, shall have the right to request a review hearing before the commission.

(b)

Such hearing shall include but not be limited to the review of the following:

(1)

The application of the impact fee.

(2)

Denial of an alternative impact fee.

(3)

Denial of an exemption pursuant to section 54-160.2.

(4)

Any dispute concerning an application for credits pursuant to section 54-160.7.

(c)

Except as otherwise provided in this article, such hearing shall be requested by the applicant or owner within 30 days of written notice of the event sought to be reviewed.

(d)

The request for hearing shall be filed with the city manager and shall contain the following:

(1)

The name and address of the applicant and owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit was issued;

(4)

If paid, the date the impact fees were paid; and

(5)

A statement of the reasons why the applicant or owner is requesting the hearing.

(e)

Upon receipt of such request, a hearing shall be scheduled before the commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within 30 days of the date the request for hearing was filed.

(f)

Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. A determination shall be in writing and issued within 30 days of the hearing to the applicant and owner.

(g)

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a building permit, or if a building permit has been issued without the payment of the impact fees, shall pay prior to or at the time the request for hearing is filed the applicable impact fees pursuant to this article. Said payment shall be deemed paid under protest and shall not be construed as a waiver of any review rights.

(h)

An applicant or owner may request a hearing under this section without paying the applicable impact fees but no building permit shall be issued until such impact fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(Ord. No. 07-23, § 8.06, 12-17-2007; Ord. No. 08-20, § 6, 12-18-2008)

Editor's note

See editor's note following § 54-160.4.