§ 7-1-17 RELIEF PROCEDURES AND HEARINGS.

   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)

§ 7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS.

   (A)   Except as herein otherwise provided, development fees are in addition to any other requirements, taxes, fees or assessments imposed by the city on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the city. Development fees are intended to be consistent with the city's General Plan, Capital Improvements Program, Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of capital facilities in conjunction with development.

   (B)   In addition to the use of development fees, the city may finance qualifying capital facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law.

(Ord. 1521, passed 8-16-2022)