(A) The property owner or applicant for new development may appeal the following decisions to the Director, or his/her designate:
(1) The applicability of an impact fee to the development.
(2) The value of the impact fee due.
(3) The availability or the value of an offset or credit.
(4) The application of an offset or credit against an impact fee due.
(5) The amount of the refund due, if any.
(B) All appeals shall be taken within 30 days of notice of the action from which the appeal is taken.
(C) The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits.
(D) The appellant may appeal the decision of the Director to the Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within 30 days following the Director's decision. 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, subdivision plat, tap purchase or building permit issuance may be processed while the appeal is pending.
(Ord. 1293, passed 12-14-99)