The developer who owes, has paid a development fee, or disagrees with the offset amount determined by the Development Fee Administrator, may appeal to the City Manager in accordance with the following procedures:
(A) Form of appeal. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the city notified the developer of an assessment or offset determination; or within 30 calendar days after the developer paid the development fee.
(B) Fees during pendency. Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. Any work in progress completed during the appeal process shall be performed at the developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the city of the certificate of occupancy for the subject development.
(C) The City Manager must render a decision within 30 calendar days after the appeal is received by the Development Fee Administrator. The City Manager's failure to render a decision within the 30 calendar days, absent a continuance request by the developer, shall result in the developer's position prevailing over the city's. The developer shall be notified of the City Manager's decision in writing within 30 calendar days after the appeal is received by the Development Fee Administrator.
(D) Final decision. The decision of the City Manager shall be considered the final administrative decision of the city. Any further appeals shall be pursuant to A.R.S. §§ 12-901 et seq.
(Ord. 1521, passed 8-16-2022)