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Any judicial action or proceeding to attack, review, set aside, void, or annul any ordinance or resolution imposing, adopting, or modifying any fee or an automatic adjustment that results in an increase of the fee amount, shall be brought pursuant to the Mitigation Fee Act. (Ord. 2017-0010 § 1)
A. If any provision of this chapter or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this chapter. The city council declares that it would have enacted this chapter and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.
B. If, for any reason, any fee amount established by this chapter is invalid, then all remaining fee amounts so established remain in effect.
C. If any fee established by this chapter is invalid because of an insufficient nexus to a specific component of the applicable infrastructure, then the fee remains valid as it relates to other components of the infrastructure. (Ord. 2017-0010 § 1)
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