(A) Authority. Any person or entity residing in or owning property within a service area, and any organization, association or corporation representing the interests of persons or entities owning property within a service area, may file a declaratory judgment action challenging the validity of the fee.
(B) Request for information. Any person or entity required to pay an impact fee imposed by the town who believes the fee does not meet the requirements of law may file a written request for information with the town as provided by law.
(C) Analysis. Within two weeks of the receipt of the request for information, the town shall provide the person or entity with the written analysis required by the act and with any other relevant information relating to the impact fee.
(D) Challenge. Within 30 days after paying an impact fee, any person or entity who has paid the fee and wishes to challenge the fee shall:
(1) File a written appeal with the Town Council by delivering a copy of such appeal to the Mayor or Town Recorder setting forth in detail all grounds for the appeal and all facts relied upon by the appealing party with respect to the fees appealed. Upon receipt of appeal, the Town Council shall thereafter schedule a hearing on the appeal at which time all interested persons will be given an opportunity to be heard. The Town Council shall schedule the appeal hearing and, thereafter, render its decision on the appeal no later than 30 days after the challenge to the impact fee is filed. Any person or entity who has failed to comply with the administrative appeal remedies established by this section may not file or join an action challenging the validity of any impact fee.
(2) Within 90 days of a decision upholding an impact fee by the town or within 120 days after the date the challenge to the impact fee was filed, whichever is earlier, any party to the appeal that is adversely affected by the Town Council’s decision may petition the fourth judicial district court in and for the county for review of the decision.
(3) In the event of a petition to the fourth judicial district court, the town 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.
(4) If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for purposes of division (D)(3) above.
(5) If there is a record:
(a) The district court’s review is limited to the record provided by the town; and
(b) The district court may not accept or consider any evidence outside the town’s record, unless that evidence was offered to the town and the court determines that it was improperly excluded by the town.
(6) If there is an inadequate record, the district court may call witnesses and take evidence.
(7) The district court shall affirm the decision of the town if the decision is supported by substantial evidence in the record.
(8) The judge may award reasonable attorney fees and costs to the prevailing party in any action brought under this section.
(Prior Code, § 9-2-10) (Ord. 1999-02, passed 8-19-1999)