§ 8.5-47. Review hearings.

(a)

An applicant or owner who is required to pay impact fees pursuant to this article shall have the right to request a review hearing.

(b)

Such hearing shall be limited to the review of the following:

(1)

The application or calculation of the appropriate impact fees pursuant to this article.

(2)

The rejection of an alternative impact fee calculation pursuant to section 8.5-42.

(c)

Such hearing shall be requested by the applicant or owner within thirty (30) days of the date of first receipt of the following:

(1)

Notice that an impact fee is due; or

(2)

Negative determination on a proposed alternative impact fee.

Failure to request a hearing within the time provided shall be deemed a waiver of such right.

(d)

The request for hearing shall be filed with the city community development director and shall contain the following:

(1)

The name and address of the applicant or owner;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit was issued;

(4)

A brief description of the nature of the construction being undertaken pursuant to the building permit;

(5)

If paid, the date the impact fee was paid; and

(6)

A statement of the reasons why the applicant or owner is requesting the hearing.

(e)

Upon receipt of such request, the city community development director shall schedule a hearing before the council at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed.

(f)

Such hearing shall be before 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 information and evidence.

(g)

Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a building permit, or if a building permit has been issued without the payment of the impact fee, shall pay prior to or at the time the request for hearing is filed, the applicable impact fee pursuant to section 8.5-61 and section 8.5-71. Said payment shall be deemed paid "under protest" and shall not be construed as a waiver of any review rights.

(h)

An applicant or owner may request a hearing under this section without paying the applicable impact fee, but no building permit shall be issued until all impact fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.

(Ord. No. 04-20, § 2.07, 7-27-04)