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A. 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. The developer or fee payer must file a notice of appeal 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 the appeal, as well as all supporting documentation.
C. The city council shall consider the appeal and make a final determination within ninety (90) days of receipt of the written appeal. The decision of the city council on the appeal shall be final.
D. 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 permit approval.
E. Upon voluntary agreement by the fee payer and the city, any disagreement related to the impact fee for the proposed development may be mediated by a qualified independent party.
1. Mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this chapter.
2. Mediation costs shall be shared equally by the fee payer and the city. (Ord. 211, 4-4-2006)