A. Any person required to pay a trench cut cost recovery fee pursuant to Section 12.12.140(B) of this chapter who desires to protest or otherwise challenge imposition of the fee shall tender to the city full payment when due, accompanied by a written notice containing the following information:
1. A statement that the required payment is tendered under protest; and
2. A description of the factual and legal basis for the protest.
B. A person directly and adversely affected by a decision made by the director pursuant to the provisions of this chapter may appeal the director's decision by filing a written notice of appeal with the city manager no later than ten (10) working days after receiving notice of the director's decision. Likewise, a person who pays a fee under protest may appeal the fee by filing a notice of appeal with the city manager no later than ten (10) working days after payment of the disputed fee. For purposes of this section, "city manager" means the city manager or the manager's designee. The notice of appeal shall set forth the name, mailing address and telephone number of the person appealing, and a statement describing the action being appealed, setting forth the grounds for the appeal and the relief requested. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. The city manager shall hear the appeal, and shall render a decision on the appeal no later than thirty (30) days after the filing of a timely notice of appeal. The city manager's decision may affirm, reverse or modify the director's decision. The city manager's decision shall be the final and conclusive administrative remedy. A copy of the city manager's decision shall be provided to the person appealing at the address shown on the notice of appeal.
C. To challenge the city manager's decision in court, the appellant must first present a claim to the city in accordance with Section 3.04.070 of this code, within one year of when the appeal is denied. (Ord. 2010-036 § 9; Ord. 2009-022 § 2)