§ 18-16. Administrative review; procedures.

(a)

A fee payer shall have the right of administrative review of any decision relating to:

(1)

A determination that a development activity is required to pay an impact fee under this article;

(2)

A determination of the amount of the impact fee; or

(3)

A determination regarding the amount or application of a credit to be applied against the impact fee.

The administrative review shall be in the form of an administrative review de novo of the decision.

(b)

Except as otherwise provided in this article, the administrative review must be requested by the fee payer within forty-five (45) calendar days (including Sundays and legal holidays) from the date of issuance of the impact fee statement or the date of the decision sought to be reviewed, whichever shall last occur. Failure to request administrative review within the time provided in this subsection will be deemed a waiver of that right.

(c)

A written request for administrative review must be filed with the community development director. The request shall contain the following:

(1)

The name and address of the fee payer;

(2)

The telephone number at which the fee payer may be reached during daytime hours;

(3)

The legal description of the property in question;

(4)

If issued, the date the building permit/impact fee statement was issued and the building permit/impact fee statement number;

(5)

If paid, the impact fee receipt number and date of payment;

(6)

A brief description of the nature of the land development activity to be undertaken pursuant to the building permit/impact fee statement; and

(7)

A statement of the reasons why the fee payer is requesting the administrative review, including any supporting information and site or construction plan, if appropriate.

(d)

Within fifteen (15) calendar days of receipt of a request for administrative review, the decision of the city manager or designee shall be final and shall be binding upon the fee payer and the city.

(e)

The determination of the city manager or designee may be reviewed by the city council in accordance with section 18-17.

(Ord. No. 04-21, § 1, 7-27-04)