§ 23-772. Review hearings.  

Effective on Tuesday, August 16, 2022
  • a. An applicant or owner who is required to pay fees pursuant to this division, shall have the right to request a review hearing.

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

    1. The application of the appropriate impact fees pursuant to this division.

    2. The failure to grant or the granting of insufficient alternative impact fees pursuant to section 23-766

    3. The granting of insufficient credits for the donation of land or equipment or construction of public facilities pursuant to section 23-770

    4. The failure to grant an affordable housing exemption pursuant to section 23-771

    c. Except as otherwise provided in this division, such hearing shall be requested by the applicant or owner within fifteen (15) days, including Saturdays, Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable:

    1. the impact fee statement;

    2. the notice of impact fees;

    3. the notification of the determination of any alternative fee;

    4. the notification of decision on the application for credit for the donation of land and equipment, or construction credit; or

    5. the notification of the denial of an affordable housing exemption.

    d. Failure to request a hearing within the time provided shall be deemed a waiver of any right for consideration of administrative relief.

    e. The request for hearing shall be filed with the city manager and shall contain the following:

    1. The name and address of the applicant or owner;

    2. The address 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 fees were paid; and

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

    f. Upon receipt of such request, the administrative official shall schedule a hearing before the commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant or 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.

    g. Such hearing shall be before the commission 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.

    h. Any applicant or owner who requests a hearing pursuant to this section and desires issuance of the building permit, or if a building permit has been issued without the payment of all impact fees, shall either pay all applicable impact fees or provide the city with an irrevocable letter of credit drawn on a financial institution acceptable to the city in the amount of the applicable impact fees. The payment or the providing of the irrevocable letter of credit shall be made prior to or at the time the request for hearing is filed. Said payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights.

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

(Ord. No. 2022-38, § 1, 8-16-22)