(a) A person or entity who proposes to construct a Development and has received a preliminary estimate of the fee due under this Chapter may file a written appeal requesting a fee reduction. The appeal shall be filed with the County Administrative Officer within thirty (30) days after filing the building permit application. The fee reduction may be requested on the grounds that: (A) the Development has been inappropriately classified in determining the fee amount; or (B) the Development’s impact on population, employment or use of facilities will, as a result of exceptional circumstances not taken into account in adopting the fee, be less than the impact projected for the use category in which the impacting development falls. The burden of proof in establishing these grounds shall be on the person filing the request.
(b) The appeal shall contain such information as the County and affected fire district may reasonably require.
(c) The appeal shall be presented to and considered by a subcommittee consisting of the fire chief or designee, the Chief Building Official or designee, and the County Administrative Officer or designee. Oral and written evidence may be presented by any party at such hearing. The hearing may be continued from time to time as is deemed necessary. The Subcommittee shall issue a written decision on the appeal no later than fifteen (15) days after the hearing is closed. The Subcommittee decision shall be a final administrative decision, unless appealed to the fire district board within the time and in the manner set forth hereinafter.
(d) The Subcommittee’s decision may be appealed to the fire district board by filing, not later than fifteen (15) days after the Subcommittee issues its written decision, a written appeal with the clerk of the fire district board. The fire district board may decide such appeal based on the material which formed the record before the Subcommittee, or may determine the appeal de novo based on the record before the Subcommittee and evidence presented at a hearing before the board. The fire district board shall issue a written decision on the appeal no later than sixty (60) days after it is filed, or not less than sixty (60) days after completion of a de novo hearing, whichever is later. The fire district board’s written decision shall be a final administrative decision.
(e) Any appeal to the fire district board shall be accompanied by a fee in the amount which is necessary to recover the costs of processing the appeal. Such fee shall be established by resolution of the fire district board. (§ 1, Ord. 1313, eff. February 5, 2004)