A development fee determination by City staff may be appealed in accordance with the following procedures:
(a) Limited Scope. An appeal shall be limited only to disputes regarding the calculation of the development fees for a specific development and/or permit and calculation of Service Units for the development. No other administrative actions of the City pursuant to Sections 20-30—20-43 of this code shall be subject to appeal.
(b) Form of Appeal. An appeal shall be initiated on such written form as the City may prescribe and submitted to the Finance Director. The Applicant shall submit a written notice of appeal with a full statement of the grounds and an appeal fee as provided in Chapter 2 of this Code.
(c) Action by Hearing Officer. The City shall assign the matter to a hearing officer, who shall consider the applicant's statement of the grounds and the City's response which shall be filed within ten calendar days following the applicant's appeal. The Hearing Officer shall act upon the appeal within 10 calendar days following the filing of the City's response. Failure to file a response shall be deemed a waiver of the right to respond. Continuances may only be granted by the hearing officer for good cause and all parties shall be notified of the decision in writing.
(d) Final Decision. The Hearing Officer's decision regarding the appeal is final.
(e) Fees During Pendency. Building permits may be issued during the pendency of an appeal if the Applicant (1) pays the full development fee calculated by the City at the time the appeal is filed or (2) provides the City with financial assurances in the form acceptable to the City Manager or authorized designee equal to the full amount of the development fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Hearing Officer, and the Applicant has provided the City with financial assurances as set forth in clause (2) above, the Applicant shall deliver the full amount of the development fee to the City within ten days of the Hearing Officer's final decision on the appeal. If the Applicant fails to deliver the full amount of the development fees when required by this Subsection, the City may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the development fees due from the Applicant.
(Ord. No. 02-59, 6/18/02, Amended (SUPP 2002-2); Ord. No. 2014-19, 5/6/14, Enacted (SUPP 2014-2))