Sec. 23C-12. Administrative appeals.

Shall be as follows:

(a)   Any person directly aggrieved by a decision of the Lexington-Fayette Urban County Government with respect to any of the following determinations, or is seeking an adjustment to exactions as provided elsewhere in this Article, shall have the right to appeal the decision to the Exaction Appeals Committee:

(1)   The imposition of an exaction;

(2)   The amount of an exaction;

(3)   The entitlement to and/or the amount of credits to an exaction;

(4)   The entitlement to an exemption from an exaction;

(5)   The entitlement to and/or the amount of a refund of an exaction; or

(6)   The adjustment of exactions under Sections 23C-5(b), 23C-9(e) or (f).

The Committee shall consist of a representative of the Mayor's Office, the Commissioner of Public Works, the Commissioner of Finance, and the Commissioner of General Services (or their designated representatives), one (1) member of the Urban County Council, and one (1) member of the Planning Commission. The Committee shall forward its recommendations on any appeal to the Urban County Council as set forth under Subsection (d) of this section herein.

Prior to any appeal to the Exaction Appeal Committee, the aggrieved party shall file a request for reconsideration with the Department of the Lexington-Fayette Urban County Government which took the action giving rise to the appeal. Such Department shall take final action affirming, modifying, or denying the request within fifteen (15) working days. The file shall constitute the record and shall include all documentation submitted by the developer, as well as any information including appraisals or estimates prepared for the Lexington-Fayette Urban County Government, and which formed a basis for the Department's decision.

(b)   Any appeal shall be taken within fifteen (15) working days of the reconsideration decision by filing a notice of appeal with the Exaction Appeal Committee, setting forth the grounds therefor. The Department shall forthwith transmit to the Exaction Appeal Committee all papers constituting the record upon which the action appealed from is taken. The Exaction Appeal Committee shall thereafter establish a reasonable date and time for a hearing on the appeal, and give due notice thereof to the parties in interest. Any party taking an appeal shall have the right to appear at the hearing to present evidence and may be represented by counsel. The Exaction Appeal Committee shall render a decision granting, modifying, or denying the appeal within ten (10) working days of the hearing.

(c)   A developer may pay an exaction under protest to obtain a building permit, and by making such payment shall not be estopped from exercising his right of appeal or receiving a refund of any amount determined to have been improperly collected.

(d)   The Exaction Appeal Committee shall be required to maintain records of its actions, including minutes of any official meeting. Such records shall be available for public inspection, and shall be distributed on a routine basis to the Planning Commission and the Urban County Council.

(Code 1983, § 23C-12; Ord. No. 175-2002 , § 1, 7-16-2002; Ord. No. 207-2002 , § 1, 8-22-2002; Ord. No. 166-2017 , § 11(23C-12), 11-16-2017)