A. Request For Information: Any person or entity required to pay an impact fee who believes the fee does not meet the requirements of law may file a written request for information with the city as provided by the Utah impact fees act. 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 Utah impact fees act and any other relevant information relating to the impact fee.
B. Written Appeal; Time Limit; Hearing; Decision: Any person or entity residing in or owning property within the city who believes the fee does not meet the requirements of the law or wishes to challenge the fee shall file a written appeal within thirty (30) days after payment of any impact fee with the city setting forth in detail all factual and legal grounds in support of the appeal. Upon receipt of the appeal, the mayor promptly shall make a recommendation to the city council and shall schedule a public hearing before the city council for the purpose of receiving input from all persons interested in the appeal. The city council shall thereafter render its decision on the appeal no later than thirty (30) days after the date the appeal was filed. Any person or entity who has failed to comply with these administrative remedies may not file or join an action challenging the validity of any impact fee.
C. District Court Review: Any person or entity who was a party to an appeal under this section who is adversely affected by the decision of the mayor may petition the district court for a review of the decision within ninety (90) days after a decision upholding an impact fee by the mayor or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier. Such a declaratory judgment action or petition for review challenging the validity of the fee shall be filed in the third judicial district court for Salt Lake County.
D. Record Transmitted To Court: In the event a petition is filed with the 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.
E. Tape Recording If Available: If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for the purposes of subsection D of this section.
F. Record; Scope Of Review: If there is a record:
1. The district court's review is limited to the record provided by the city; and
2. The 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.
G. Inadequate Record: If there is an inadequate record, the court may call witnesses and take evidence.
H. Affirmation Of City Decision: The court shall affirm the decision of the city if the decision was supported by substantial evidence in the record.
I. Award Of Fees And Costs: The judge may award reasonable attorney fees and costs to the prevailing party in any action brought under this section. (1999 Code)