§ 150.10 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 availability or the amount of an offset or credit;

      (4)   The application of an offset or 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 applicant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining offsets and credits, or that such fee should not apply, in whole or in part, to the development.

   (C)   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 is pending.

(2005 Code, § 7-1-10) (Ord. 900904, passed 9-4-1990)