A. There is established a sewer development fee determination board. The board's membership shall consist of the director and the building official, or their respective designees. Any person desiring to contest or dispute the determination of the sewer development fee or combined sewer development fee that applies to the person's sewer service must first pay the fee, then file a written appeal with the building official. The appeal shall be reviewed by the board, and notice of the determination of the board shall be given to the person filing the appeal. If the board grants the appeal, an appropriate refund shall be made, based on the recalculated development fee.
B. If the board does not grant the appeal, a notice that briefly specifies the reason(s) for the board's decision shall be provided to the person filing the appeal. Any appellant receiving this notice who desires to have the appeal reconsidered by the board must apply for a hearing by filing a written application with the building official not later than fifteen (15) days following receipt of the notice. Not later than thirty (30) days after application for a hearing, the board shall schedule a hearing and shall provide the appellant no less than ten (10) days written notice of the hearing. At the hearing, the appellant or his or her representative may present any evidence relevant to the appeal. The board shall reevaluate the appeal. In considering the appeal, the board may obtain an inspection report from the department. Written notice of the board's determination shall be given to the appellant. The determination of the board shall be the final administrative remedy.
C. To challenge the board'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 § 10; Ord. 2005-020 § 2)