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 South Daytona
 Code of Ordinances
 Chapter 18. TRAFFIC
 Article II. TRANSPORTATION IMPACT FEE

  § 18-17. Final administrative review; hearings.  

Latest version.

  • (a)

    A fee payer who is aggrieved by a determination of the city manager or designee shall have the right to request a review hearing before the city council.

    (b)

    A review hearing shall be limited to a determination of whether the city manager or designee correctly applied this article to the facts and circumstances of the fee payer's case.

    (c)

    A review hearing shall be requested by the fee payer by filing a written request for same with the community development director, within thirty (30) calendar days after the determination is made by the director. Failure to request a hearing within the time provided shall be deemed a waiver of such right.

    (d)

    The written request for review hearing to be filed with the community development director shall contain the following:

    (1)

    The name of the party seeking review, and the address if a fee payer;

    (2)

    The legal description of the property in question;

    (3)

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

    (4)

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

    (5)

    A brief description of the nature of the land development activity being undertaken pursuant to the building permit/impact fee statement.

    (e)

    Upon receipt of a request for review hearing, the community development director shall schedule a hearing before the council at a regular meeting or special meeting called for the purpose of conducting the hearing. The city shall provide the fee payer with reasonable written notice of the time and place of the hearing. A review hearing shall be held within forty-five (45) days of the date the request for hearing was filed.

    (f)

    The review hearing shall be held by the council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present evidence.

(Ord. No. 04-21, § 1, 7-27-04)