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§ 35-70.10 APPEALS.
   (a)   The property owner or applicant for new development may appeal the following decisions to the city council:
      (1)   The applicability of an impact fee to the development;
      (2)   The amount of the impact fee due;
      (3)   The denial of or determination of the amount of a credit;
      (4)   The application of a credit against an impact fee due; and
      (5)   The amount of a refund due, if any.
   (b)   The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits.
   (c)   The appellant must file a written notice of appeal with the city within 30 days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due.
(Ord. 10601, § 1(1.15), passed 6-5-1990)