A. A fee payer may appeal the impact fees imposed or other determinations which the administrative officer is authorized to make pursuant to this chapter. However, no appeal shall be made unless and until the impact fees at issue have been paid.
B. Appeals shall be taken within ten (10) days of the administrative officer's issuance of a written determination, by filing with the city a notice of appeal specifying the grounds for the appeal. The city shall hear the appeal and issue a written decision no later than thirty (30) days after the challenge to the impact fee is filed.
C. The city shall fix a time for the hearing of the appeal and give notice to the parties in interest. At the hearing, any party may appear in person or by agent or attorney.
D. The city council is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the offset, or the accuracy or applicability of any independent fee calculation. The decision of the city council shall be final, and may be appealed to the appropriate court of law.
E. The city council may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the administrative officer with respect to the amount of the impact fees imposed or the offset awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as, in its judgment, ought to be made.
F. Where the city council determines that there is a flaw in the impact fee program or that a specific exemption or offset should be awarded on a consistent basis or that the principles of fairness require amendments to this chapter, the city council shall advise the city attorney as to any question or questions that the city council believes should be reviewed and/or amended.
G. Within ninety (90) days of a decision by the city council or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier, any party who is adversely affected by the decision may petition the district court for a review of the decision. (Ord. 2011-02: Ord. 96-102 § 3: prior code § 7-116)