(A) General. A development impact fee determination by City staff may be appealed in accordance with the procedures set forth in this section.

(B) Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of EDUs for the development.

(C) Form of Appeal. An appeal shall be initiated in a format prescribed by the City, and shall be submitted to the City Engineer.

(D) Department Action. The Public Works Director shall act upon the appeal within 30 calendar days of the filing of the appeal, and the applicant shall be notified of the City Engineer’s decision in writing.

(E) Appeal to Council. The applicant may appeal the decision of the Public Works Director to the Council by submitting an appeal to the City Clerk within 14 calendar days of the City Engineer’s written decision.

(F) Action by Council. The Council shall hear and act upon the appeal within 45 calendar days of receipt of the appeal, and the applicant shall be notified of the Council’s decision in writing.

(G) Final Decision. The Council’s decision regarding the appeal is final.

(H) Fees During Pendency. Building permits may be issued during the pendency of an appeal if the applicant (1) pays the full impact fee calculated by the City at the time the appeal is filed or (2) provides the City with financial assurances in the form acceptable to the City Manager or authorized designee equal to the full amount of the impact fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Council, and the applicant has provided the City with financial assurances as set forth in clause (2) above, the applicant shall deliver the full amount of the impact fee to the City within ten days of the Council’s final decision on the appeal. If the applicant fails to deliver the full amount of the impact fees when required by this subsection, the City may draw upon such financial assurance instruments as necessary to recover the full amount of the impact fees due from the applicant. (Res. 1055, passed 5-14-2014; Ord. 327 § 1, passed 5-28-2014. Code 2012 § 150.053.)