A. Pursuant to and consistent with the requirements of Montana Code Annotated section 7-6-1603(8), any fee payer may appeal impact fee charges if the person believes an error has been made. No appeal shall be permitted until the impact fees at issue have been paid.
B. Appeals regarding the impact fees imposed on any development may only be filed by the fee payer of the property where such development will occur.
C. The fee payer must first file a request for review regarding impact fees with the City Manager or his designee, as provided herein:
1. The request shall be in writing;
2. The request for review by the City Manager or his designee shall be filed within twenty one (21) calendar days of the fee payer's payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review;
3. No administrative fee will be imposed for the request for review by the City Manager or his designee; and
4. The City Manager or his or her designee shall issue his/her determination in writing within twenty one (21) calendar days.
D. Determinations of the City Manager or his or her designee with respect to the applicability of the impact fees to a given development, the availability or value of a credit, or any other determination which the City Manager or his or her designee is authorized to make pursuant to this chapter, can be appealed to the City Council.
E. Appeals shall be taken within twenty one (21) calendar days of the City Manager's or his or her designee's issuance of a written determination by filing with the City a notice of appeal specifying the grounds thereof, and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of such decisions. The City Manager or his designee shall transmit to the City Council all papers constituting the record for the determination.
F. The City Council shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in this Code. At the hearing, any party may appear in person or by agent or attorney.
G. The City Council is authorized to make findings of fact regarding the applicability of the impact fees to a given development and the availability or amount of the credit. The decision of the City Council shall be in writing and shall be final, except as provided in this section.
H. 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 City Manager or his designee with respect to the amount of the impact fees imposed or the credit awarded.
I. The fee payer may appeal a final decision of the City Council by filing an appropriate action with the Flathead County District Court within ninety (90) days of the City Council's issuance of its written determination. (Ord. 18-38, 12-3-2018)