(A) Request for information. Pursuant to U.C.A. § 11-36a-701, a person or entity required to pay an impact fee who believes the impact fee does not meet the requirements of law may file a written request for information with the City Administrator. As required by law, the City Administrator shall, within two weeks after the receipt of the request for information provide the person or entity with the IFFP, the IFA and any other relevant information relating to the impact fee.
(B) Advisory opinion. A potentially aggrieved person may request an advisory opinion from a neutral third party regarding compliance of the impact fees with the Impact Fees Act by filing such request with the office of the Property Rights Ombudsman in accordance with the procedures and provisions of U.C.A. Title 13, Chapter 43, known as the Property Rights Ombudsman Act. The aggrieved party requesting an advisory opinion is not required to exhaust the administrative appeals procedures set forth in division (C) below before requesting an advisory opinion.
(C) Appeal. A person or entity that has paid impact fees under the provisions of this chapter may challenge such impact fees pursuant to the provisions set forth in U.C.A. Title 11, Chapter 36a, Part 7, of the Impact Fees Act regarding challenges.
(1) Grounds for challenge. Pursuant to U.C.A. § 11-36a-701, a person or entity that has paid impact fees under the provisions of this chapter may challenge:
(a) The impact fees;
(b) Whether the city complied with the notice requirements of the Impact Fees Act with respect to the imposition of the impact fees; and/or
(c) Whether the city complied with other procedural requirements of the Impact Fees Act for imposing the impact fee.
(2) Sole remedy. The sole remedy for challenging the notice requirements is the equitable remedy of requiring the city to correct the defective notice and repeat the process. The sole remedy for challenging the impact fee is a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated. Reasonable attorney’s fees may be awarded to the substantially prevailing party to the extent provided in the Impact Fees Act.
(3) Imitation. A challenge to an impact fee is initiated by filing:
(a) An appeal to the City Council pursuant to the administrative appeal procedures set forth herein;
(b) A request for arbitration as provided in U.C.A. § 11-36a-705 of the Impact Fees Act; or
(c) An action in district court.
(D) Time restrictions. The time for filing a challenge to the impact fees shall be filed in accordance with the time limitations set forth in U.C.A. § 11-36a-702, depending upon the type of challenge. The deadline to file an action in district court is tolled from the date that a challenge is filed using the administrative procedures set forth in division (C) above until 30 days on which a final decision is rendered in the administrative appeals procedure.
(1) Administrative appeal procedure. The city hereby adopts an administrative appeal procedure to consider and decide challenges to the impact fees. Any person or entity that has paid an impact fee pursuant to this chapter may challenge or appeal the impact fee by filing written notice of administrative appeal with the city within 30 days after the day on which the person or entity paid the impact fee. The notice of appeal shall set forth the grounds for the appeal and shall include any applicable filing fees as set forth in the city’s Consolidated Fee Schedule. Upon receiving the written notice of appeal, the City Council shall set a hearing date to consider the merits of the challenge or appeal. The person or entity challenging or appealing the fee may appear at the hearing and present any written or oral evidence deemed relevant to the challenge or appeal. Representatives of the city may also appear and present evidence to support the imposition of the fee. The City Council shall hold a hearing and make a decision within 30 days after the date the challenge or appeal is filed.
(2) Mediation. In addition to the methods of challenging an impact fee as provided herein, a specified public agency may require the city to participate in mediation of any applicable impact fee in accordance with the provisions of U.C.A. § 11-36a-704 of the Impact Fees Act. A written request for mediation must be filed in accordance with U.C.A. § 11-36a-704 no later than 30 days after the day on which the impact fee is paid.
(3) Declaratory judgment action. Pursuant to U.C.A. § 11-36a-701, a person or entity residing in or owning properly within the service area, or an organization, association or a corporation representing the interests of persons or entities owning property within the service area are deemed to have standing to file a declaratory judgment action challenging the validity of an impact fee.
(Prior Code, § 6.01.110) (Ord. 18-05, passed 5-17-2018)