(A) A person challenging the propriety of an expenditure of impact fee charge revenues may appeal the decision or the expenditure to the City Council by filing a written request with the City Clerk describing, with particularity, the decision of the public works director and the expenditure of which the person appeals. An appeal of expenditure must be filed within 6 months after the date of the alleged improper expenditure.
(B) Appeals of any other decision required or permitted to be made by the public works director under this ordinance must be filed in writing with the City Clerk within ten days of the decision.
(C) After providing notice to the appellant, the Council shall determine whether the public works director’s decision or the expenditure is in accordance with this chapter and may affirm, modify, or overrule the decision(s). If the Council determines that there has been an improper expenditure of impact fee charge revenues, the Council shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent.
(D) A legal action challenging the methodology adopted by the Council pursuant to § 52.05 shall not be filed later than 60 days after adoption of such methodology. A person shall contest the methodology used for calculating an impact fee charge only as provided in division (E) of this section, and not otherwise.
(E) A person who wishes to challenge an impact fee charge must make a written challenge to the charge and file the challenge with the City Clerk within ten days of receiving the notification of charge. The written challenge must describe with particularity the calculation that the person appeals.
(1) (a) The written challenge shall state:
1. The name and address of the appellant; and
2. The nature of the appeal.
(b) Failure to file such written challenge within the time permitted shall be considered a waiver of any objections to the charge.
(2) After providing timely notice to the challenger, the public works director shall determine whether the charge is in accordance with the resolution containing the methodology used to establish or modify the impact fee charge adopted by the city council.
(3) Unless the challenger and the city agree to a longer period, a written challenge to the impact fee charge shall be heard by the Mayor within ten working days of the receipt of the written challenge. At least five working days prior to the hearing, the city shall mail notice of the time and location thereof to the person who made the written challenge.
(4) The Mayor shall hear and determine the challenge on the basis of the person’s written challenge and any additional evidence he/she deems appropriate. At the hearing the challenger may present testimony and oral argument personally or by counsel. The Kentucky Rules of Evidence as used by courts of law shall not apply.
(F) After exhausting the city’s administrative review procedure pursuant to division (E) of this section, the person challenging the impact fee charge may then petition for the Woodford Circuit Court to review of the final determination within 30 days after the mailing of written notice of such decision.
(Ord. 2017-30, passed 11-21-17)