(A) The Community Development Director is responsible for administering, collecting, crediting, adjusting and refunding development fees. A decision by the Community Development Director regarding a fee imposed under this chapter shall be appealable in accordance with this section. A person appealing under this section shall have first sought a fee credit under § 10-8.13, or an adjustment or waiver, or a finding of fee exemption under § 10-8.18. A person seeking judicial review shall first complete an appeal under this section and shall pay all city charges for that appeal.
(B) A person appealing a decision under this chapter shall file an appeal with the City Clerk, who is responsible for processing the appeal toward a hearing. The appeal shall be in writing, stating completely and in detail the factual and legal grounds, and shall be filed within 10 calendar days following the decision being appealed.
(C) The cost of the appeal shall be borne by the applicant, who shall pay a deposit against such cost at the time of filing the appeal. The amount of the deposit shall be established by resolution of the City Council. The cost of an appeal must be paid in full before the appeal hearing takes place.
(D) The City Clerk shall notify the City Administrator of the appeal, and the matter shall be placed before and heard by the City Council.
(E) The City Council shall set the time and place for the hearing, serve notice on the parties, conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The City Council may issue directives, including but not limited to directives that legal briefs be submitted in accordance with an established briefing schedule, to the parties in order to facilitate resolution of the appeal. The City Council shall consider relevant evidence presented by the appellant and by the Community Development Department.
(F) The decision of the City Council is final and may not be further appealed; it is reviewable by a court under Code of Civil Procedure § 1094.5.
(Ord. 754 C.S., passed 6-18-03)