A. Appeal Of Written Determination: A developer or fee payer may appeal the written determination of the applicability and amount of the development impact fee, or refund, or any discretionary action or inaction by or on behalf of the city to the city council.
B. Notice: The developer or fee payer must file a notice of appeal to the city council with the city clerk within thirty (30) days following the written determination, discretionary action or inaction. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for appeal, as well as all supporting documentation.
C. Filing; Payment Under Protest: The filing of an appeal shall not stay required payment of the impact fee, however, a fee payer can pay a development impact fee under protest in order to obtain development approval or building permit. (Ord. 345, 5-11-1999)
D. Filing Fee: The fee for filing an appeal shall be established by resolution of the city council.
E. Hearing Schedule; Findings: The city clerk shall schedule the appeal hearing before the city council as soon as practical and participation in the appeal process does not preclude the fee payer from pursuing other remedies provided for in this chapter. The city council shall provide written findings of fact and conclusions of law setting forth their decision. The written decision of the city council shall be mailed to the fee payer, certified mail, return receipt requested. (Ord. 358, 11-23-1999)