A. Any person or entity required to pay an impact fee imposed by the city who believes the fee does not meet the requirements of law may file a written request for information with the city as provided by law.
B. Within two (2) weeks of the receipt of the request for information, the city shall provide the person or entity with the written analysis required by the act and with any other relevant information relating to the impact fee.
C. Within thirty (30) days after paying an impact fee, any person or entity who has paid the fee and wishes to challenge the fee shall file a written appeal with the city recorder setting forth in detail all factual and legal grounds in support of the appeal and challenge to the impact fee, and which is relied upon by the appealing party with respect to the fees challenged. Upon receipt of the written appeal, the city recorder shall forward the appeal, together with any recommendations from the city engineer, to the city council and shall schedule a public hearing before the city council on the appeal for the purpose of receiving input from all interested persons. The city council shall thereafter render its decision on the appeal no later than thirty (30) days after the date the appeal was filed with the city recorder. Any person or entity who has failed to comply with the administrative remedies established by this section, may not file or join an action challenging the validity of any impact fee.
D. Any person or entity who was a party to an appeal under this section who is adversely affected by the decision of the city council may petition the district court for a review of the decision within ninety (90) days of a decision upholding an impact fee by the city council or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier. The petition for review of the decision shall be filed in the first district court for Box Elder County.
E. In the event a petition is filed with the district court, the city shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
F. If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for the purposes of subsection E of this section.
G. If there is a record:
1. The district court's review is limited to the record provided by the city; and
2. The district court may not accept or consider any evidence outside the city's record unless that evidence was offered to the city and the court determines that it was improperly excluded by the city.
H. If there is an inadequate record, the court may call witnesses and take evidence.
I. The district court shall affirm the decision of the city if the decision is supported by substantial evidence in the record.
J. The judge may award reasonable attorney fees and costs to the prevailing party in an action brought under this section. (Ord. 2003-10, 10-21-2003)