(a) Each applicant is hereby notified that, in order to protest the imposition of any impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and the Mitigation Fee Act. Failure of any person to comply with the protest requirements of this chapter or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition.
(b) On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the city and serve a written notice to the director of planning and development services with all of the following information:
(1) a statement that the required payment is tendered, or will be tendered when due, under protest; and
(2) a statement informing the city of the factual elements of the dispute and the legal theory forming the basis for the protest.
(c) The applicant shall bear the burden of proving, to the satisfaction of the director, entitlement to a fee adjustment.
(Ord. 5494 § 3, 2020: Ord. 5400 § 17 (part), 2016)