(a) An appeal from any decision of a city administrative staff member or official pursuant to these procedures shall be made to the City Council; provided, however, that if the notice of appeal is accompanied by cash or a certified check in an amount equal to the sewer and water extension cost recovery fee calculated by the city to be due, and such fee is placed in escrow with the City Clerk, the connection into the sewer and water extension capital improvement project may be approved by the City Council. The filing of an appeal shall not stay the imposition or the collection of the sewer and water extension cost recovery fee as calculated by the city unless an amount equal to the calculated fee has been placed in escrow with the City Clerk. The burden of proof shall be on the appellant to demonstrate to the City Council that the decision of the city administrative staff member or official was erroneous.
(b) An appeal from any decision of the City Council pursuant to these procedures shall be made to the Court of Common Pleas of Greene County, Ohio; provided, however, that if the notice of appeal is accompanied by cash or a certified check in an amount equal to the sewer and water extension cost recovery fee calculated by the city to be due, and such fee is placed in escrow with the City Clerk, the connection into the sewer and water extension capital improvement project may be approved by the City Council. The filing of an appeal shall not stay the imposition or collection of the sewer and water extension cost recovery fee as calculated by the city unless an amount equal to the calculated fee has been placed in escrow with the City Clerk. The burden of proof shall be on the appellant to demonstrate beyond a reasonable doubt that the decision of the City Council with respect to the imposition or calculation of the fee was illegal or unconstitutional.
(Ord. 98-82, passed 11-24-1998)