A. Any fee payer that is or may be obligated to pay a development impact fee, or that claims a right to receive a refund, reimbursement, exemption or credit under this chapter, and who is dissatisfied with a decision made by the Development Impact Fee Administrator in applying this chapter, may appeal such decision to the City Council. The fee payer shall have the burden of proving by clear and convincing evidence that the decision was in error.
B. In order to pursue the appeal described in subsection A of this section, the fee payer shall file a written notice of the appeal with the Development Impact Fee Administrator within thirty (30) days after the date of the decision, or the date on which the fee payer submitted a payment of development impact fees under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the decision was in error, together with copies of any documents that the fee payer believes support the claim.
C. The City Council shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The Development Impact Fee Administrator who made the decision under appeal or his or her representative shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council in considering the appeal shall be whether: 1) the decision or interpretation made by the Development Impact Fee Administrator; or 2) the alternative decision or interpretation offered by the fee payer, more accurately reflects the intent of this chapter that new development in the City pay its proportionate share of the costs of system improvements to City capital facilities necessary to serve new development and whether this chapter has been correctly applied. The City Council shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal. (Ord. 2021-03, 3-22-2021)