(A) The owner or applicant for new development may appeal the Director’s decisions and determinations first to the City Manager and then to the City Council: (a) the applicability of an impact fee to the new development; (b) the method of calculating the amount of the impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the application of an offset or credit against an impact fee due; or (e) the amount of a refund due, if any.
(B) The written notice to the City Secretary requesting an appeal shall contain the following information:
(1) The name of the owner and/or applicant of the appeal; and
(2) The business address and telephone number of the owner and/or applicant; and
(3) The specific decision or determination of the Director which owner and/or applicant are aggrieved by, and the date of issuance thereof; and
(4) State specifically the grounds regarding owner’s and/or applicant’s application for appeal; and
(5) State specifically what amount of money that you believe is owed to the city, as well as the basis thereof; and
(6) The name and address of any legal counsel representing the owner or applicant who will appear before the City Manager/City Council; and
(7) The signature of the owner and/or applicant regarding the appeal.
(C) The burden of proof shall be on the owner and/or applicant to demonstrate that the amount of the fee or the amount of the offset, credit or rebate was not calculated according to the provisions of this chapter. Upon submission of the case and posting of the appropriate public notification, a hearing on the case shall be held. The owner and/or applicant must be present and shall be given an opportunity to present their case.
(1) (a) The owner/applicant shall file a notice of appeal with the City Secretary of the City of Harker Heights, Texas in writing, of its desire to appeal the Director’s decision or determination to the City Manager, no later than ten days following the date of the Director’s decision or determination. This notice shall be untimely if it is received by the City Secretary more than ten days following the date of the Director’s decision and determination.
(b) The City Manager shall provide for a hearing on the appeal. The owner and/or applicant may appear in person or by counsel, at the time and place named in the notice of setting, and may make a defense to the action. If the appellant fails or refuses to appear, the City Manager may proceed to hear and determine the appeal. When the City Manager has completed the hearing and made a decision, one copy of the decision shall be filed with the Director, and one copy shall be forwarded to the owner/applicant by certified mail.
(2) (a) The owner/applicant shall file a notice of appeal with the City Secretary of the City of Harker Heights, Texas in writing, of its desire to appeal the City Manager’s decision or determination to the City Council, no later than ten days following the date of the City Manager’s decision or determination. This notice shall be untimely if it is received by the City Secretary more than ten days following the date of the City Manager’s decision and determination.
(b) The City Council shall provide for a public hearing on the appeal. The owner and/or applicant may appear in person or by counsel, at the time and place named in the notice of setting, and may make a defense to the action. If the owner/applicant fails or refuses to appear, the City Council may proceed to hear and determine the appeal. When the City Council has completed the hearing and made a decision, one copy of the decision shall be filed with the Director, and one copy shall be forwarded to the owner/applicant by certified mail.
(D) 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, the development application may be processed while the appeal of the impact fee is pending.
(Ord. 2022-16, passed 3-8-22
; Am. Ord. 2022-67, passed 11-15-22)