A. Filing an Appeal. Any Applicant that is required to pay a KCEMSS Impact Fee, or who claims a right to receive a refund, reimbursement, exemption, or credit under this Chapter, and who is dissatisfied with a decision made either by the City or by KCEMSS, may appeal such decision by filing a written notice of appeal with KCEMSS within thirty (30) days after the date of the relevant decision, or the date on which the Applicant submitted a payment of the KCEMSS Impact Fee under protest, whichever is later. The appeal request must include a statement describing why the Applicant believes that the appealed decision was in error, together with copies of any documents that the Applicant believes support the claim. A copy of the appeal must also be provided to the City at the time of filing the appeal.
B. Evaluation of Appeal. The Board must hear the appeal at a properly noticed hearing of the Board within sixty (60) days after receipt of a written notice of appeal. The Applicant may attend and present evidence relevant to the appeal. The City and KCEMSS may also attend and present evidence. The Applicant has the burden of establishing that the decision was in error. The criteria to be used by the Board in considering the appeal shall be:
1. Whether the decision or interpretation made by the City or KCEMSS, or the alternative decision or interpretation offered by the Applicant, 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 KCEMSS facilities; and
2. Whether this Chapter has been correctly applied.
The Board must issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal. The decision of the Board is the final decision on the matter and the City will be bound by the decision regarding the amount of impact fees to be paid.
C. Mediation. The Applicant and KCEMSS may elect to mediate any disagreement related to the payment of KCEMSS Impact Fees by a qualified independent mediator. The mediation may take place at any time during the appeal process and the costs will be split equally between the Applicant and KCEMSS. The City may participate in the mediation and will be bound by any agreement reached at mediation regarding the amount of impact fees to be paid. (Ord. 3717, 6-6-2023)