§ 38-310. Appeals.

(a)

The property owner or applicant for new development may appeal the following administrative decisions to the city council:

(1)

The applicability of a roadway impact fee to the development;

(2)

The amount of the roadway impact fee due;

(3)

The availability of, the amount of, or the expiration of a credit;

(4)

The application of a credit against a roadway impact fee due;

(5)

The amount of the roadway impact fee in proportion to the benefit received by the new development; or

(6)

The amount of a refund due, if any.

(b)

The burden of proof shall be on the appellant to demonstrate that relief should be granted by the city.

(c)

The appellant must file a written notice of appeal with the city manager within 30 days following the decision appealed from. The city manager may resolve the appeal, if the appellant agrees with the manager's decision, or refer the matter to the city council for decision with his recommendation, if the appellant requests council review. If council review is requested, the city secretary shall schedule a public hearing at which the appellant may present testimony and evidence before the city council. The council shall act on the appeal within 90 days of receipt of the notice of appeal by the city.

(d)

If the notice of appeal is accompanied by a payment or other security satisfactory to the city attorney in an amount equal to the original determination of the roadway impact fee due, the city shall process and may issue a building permit if other requirements are met while the appeal is pending.

(Code 1982, § 24-83; Ord. No. 08-21, § 1(24-83), 4-21-2008)