A. Application: The appeal procedures set forth herein apply both to challenges to the legality of impact fees of Corinne City and to the interpretation and/or application of those fees.
B. Declaratory Judgment Action: Any person or entity residing in or owning property within Corinne City, and any organization, association or corporation representing the interests of persons or entities owning property within Corinne City may file a declaratory judgment action challenging the validity of an impact fee only after having first exhausted their administrative remedies as provided in this section.
C. Request For Information Concerning The Fee: Any person or entity required to pay or who has paid an impact fee under this chapter may file a written request for information concerning the fee (the "request for information") with Corinne City. Corinne City will provide the person or entity with Corinne City's impact fee analyses, the capital facilities plan, and other relevant information relating to the impact fee within fourteen (14) days after receipt of the request for information.
D. Appeal To Corinne City Before Payment Of The Impact Fee: Any affected or potentially affected person or entity who wishes to challenge an impact fee under this chapter prior to payment thereof shall file a written request for information concerning the fee and proceed under Corinne City's appeal procedures as set forth in subsection F of this section.
E. Appeal To Corinne City After Payment Of The Impact Fee; Statute Of Limitations For Failure To File:
1. Any person or entity that has paid an impact fee under this chapter and wishes to challenge the fee shall file a notice of appeal with the Corinne City town clerk/recorder that contains the following:
a. The appellant's name, mailing address and daytime phone number;
b. A copy of the written request for information and a brief summary of the grounds for appeal; and
c. The relief sought.
2. The notice of appeal shall be filed as provided below:
a. If the appellant is challenging compliance with the notice requirements of title 11, chapter 36 of the impact fee act with respect to the imposition of the impact fee, the notice of appeal must be filed within thirty (30) days after payment of the impact fee;
b. If the appellant is challenging compliance with other, nonnotice, procedural requirements of title 11, chapter 36 of the impact fee act with respect to the imposition of the impact fee, the notice of appeal must be filed within one hundred eighty (180) days after payment of the impact fee; and
c. If the appellant is challenging the impact fee, the notice of appeal must be filed within one year after payment of the impact fee.
F. Appeals To Corinne City: Any developer, landowner or affected party desiring to challenge the legality of any impact fee under this chapter shall appeal directly to Corinne City by filing a notice of appeal with Corinne City either prior to payment of the impact fee but within thirty (30) days of the decision or action to which the appeal relates or after payment of the impact fee and within the applicable time period set forth in subsection E of this section. If a notice of appeal is not filed with the Corinne City town clerk/recorder within the applicable time period set forth above, the person or entity is barred from proceeding with an administrative appeal to Corinne City.
1. Hearing: An informal hearing will be held not sooner than five (5) days nor more than twenty five (25) days after the written notice of appeal is filed.
2. Decision: After the conclusion of the informal hearing, the mayor shall affirm, reverse, or take action with respect to the challenge or appeal as the mayor deems appropriate. The decision of the mayor will be issued within thirty (30) days after the date the written notice of appeal was filed. In light of the statutorily mandated time restriction, Corinne City shall not be required to provide more than three (3) working days' prior notice of the time, date, and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of Corinne City's final determination.
G. Denial Due To Passage Of Time: Should Corinne City, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of the notice of appeal, the challenge shall be deemed to have been denied and any affected party to the proceedings may seek appropriate judicial relief from such denial.
H. Judicial Review: Any party to the administrative action who is adversely affected by Corinne City's final decision must petition the district court for a review of the decision within thirty (30) days of Corinne City's final decision upholding an impact fee, its calculation or application, or within sixty (60) days after the written challenge to the impact fee, its calculation or application, was filed with Corinne City, whichever is earlier. After having been served with a copy of the pleadings initiating the court review, Corinne City shall submit to the court the record of the proceedings before Corinne City, including minutes, and if available, a true and correct transcript of any proceedings. (Ord. 09-01, 9-15-2009, eff. 12-15-2009)